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HomeMy WebLinkAboutState Center Community College District - Extraterritorial Service and Offsite Infrastructure Agreement-12-2-2022EXTRATERRITORIAL SERVICE AND OFFSITE INFRASTRUCTURE AGREEMENT BETWEEN STATE CENTER COMMUNITY COLLEGE DISTRICT AND THE CITY OF FRESNO THIS AGREEMENT is made and entered into effective C� 2022, (Effective Date) by and between the CITY OF FRESNO, a California municipal corporation (City), and STATE CENTER COMMUNITY COLLEGE DISTRICT, a political subdivision of the State of California (SCCCD). RECITALS WHEREAS, SCCCD is engaged in land acquisition and the construction of a First Responders Campus Site (Project); WHEREAS, the Project site is located on the northwest corner of East North and South Willow Avenues, southeast of the City's corporate boundaries in Fresno County, and incorporates Fresno County Assessor's Parcel Number 316-071-23T; WHEREAS, the project site will encompass approximately 20.0 acres of a 39.1- acre parcel located in a portion of the South half of the Southwest quarter of Section 19, Township 14 South, Range 21 East, Mount Diablo Base and Meridian, in the County of Fresno, State of California, lying West of the Center line of Willow Avenue as now located and East of the East line of the West 1,361 feet of the South half of said Section 19, bounded, more specifically designated as "Total Property" as represented on Attachment A in the Grant Deed (Attachment A) attached to this Agreement (Extraterritorial Property); WHEREAS, the Project will include the construction and operation of new educational and administrative facilities to provide instruction and training for police, fire, corrections, EMT, and paramedic programs at a single specialized campus. The Project is planned to accommodate up to approximately 270 students at one time and be staffed by up to 50 employees, including administrators, faculty, and support staff; WHEREAS, SCCCD anticipates the construction timeline to be January 6, 2023 through May 6, 2023, with operations beginning the fall of 2023; WHEREAS, there is sewer service available but there currently is no water service available in the vicinity of the project; WHEREAS, the Extraterritorial Property is within the City's sphere of influence, but is currently outside of City's existing municipal corporate limits; WHEREAS, California Government Code section 56133(b) permits a city to provide new or extended services by agreement outside its jurisdictional boundaries but within its sphere -of -influence, in anticipation of a later change of organization, and with written approval from the Fresno Local Agency Formation Commission (LAFCo); WHEREAS, LAFCo reviewed the City's application to extend sanitary sewer and domestic water service to the Extraterritorial Property and on March 15, 2022, LAFCo's Executive Officer approved Resolution OS-22-01 (Attachment B), authorizing the requested extension of services; WHEREAS, SCCCD does not desire to annex the Extraterritorial Property to the City at this time and has filed an extension of service application with LAFCo and obtained the necessary approvals; WHEREAS, the City has identified options to provide water and sewer services to accommodate SCCCD's water and sewer demands at the Extraterritorial Property and is willing to provide the services, provided SCCCD meets certain conditions, installs all necessary infrastructure to receive City water and sewer services, and agrees to install said infrastructure in accordance with the provisions of this Agreement; WHEREAS, on March 21, 2022, the City entered into a Pipeline Crossing Agreement with Union Pacific Railroad Company (UPRR). This Pipeline Crossing Agreement grants the City the right to, among other things, maintain and operate one underground 16-inch steel domestic water pipe encased in a 28-inch steel casing pipeline crossing only, including any appurtenances required for the operation of said pipeline. SCCCD's construction of a segment of water main in East North Avenue under this Agreement must be performed consistent with the terms of the Pipeline Crossing Agreement. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto, agree as follows: A. Provisions Specific to Water and Sewer Service. Connection to the City's municipal water and sewer systems by SCCCD shall be subject to the following conditions: 1. Water Main Extensions. a. SCCCD, at its sole expense and without reimbursement from the City, shall construct a 16-inch diameter public water main (including installation of public fire hydrants) in East North Avenue from the existing 14-inch diameter water main in East North Avenue approximately 1,350 feet west of South Chestnut Avenue east to South Willow Avenue. The parties acknowledge that a segment of this water main will be constructed in UPRR's right of way. As the entity performing construction of the water main segment within UPRR right of way, SCCCD agrees that all work occurring in UPRR's right of way must be performed consistent with the March 21, 2022, Pipeline Crossing Agreement. SCCCD and/or its contractors shall perform all work within UPRR right of way in accordance with the provisions set forth in the March 21, 2022, Pipeline Crossing Agreement, including the indemnification and insurance provisions. The Pipeline Crossing Agreement is attached as Attachment C and is incorporated by reference. ii. As set forth in Exhibit B, Section 4 of the Pipeline Crossing Agreement, UPRR may determine that certain safety measures are necessary during construction. SCCCD, at its sole expense, will pay K for all safety measures UPRR deems necessary during construction of the water main within UPRR right of way. The City will forward any invoices received from UPRR to SCCCD and SCCCD will, within 15 days of receipt of any such invoice, pay the total amount listed on such invoice. b. SCCCD shall construct a 16-inch diameter public water main in South Willow Avenue (including installation of public fire hydrants) from East North Avenue north to the existing 14-inch diameter water main south of East Jensen Avenue. i. SCCCD shall construct the 16-inch water main in South Willow Avenue from East North Avenue to the north boundary of the property at its sole expense. ii. The cost for constructing the 16-inch water main in South Willow Avenue from the north boundary of the property to the existing 14- inch diameter water main south of East Jensen Avenue (approximately 3,000 feet) will be eligible for direct cost reimbursement by separate agreement. The reimbursement amount will be based on the true costs supported by documentation and as approved by the Director of Public Utilities or designee. c. Engineered improvement plans prepared by a Registered Civil Engineer are required for proposed additions to the City Water System. 2. Metered Service Connection. Water service for all domestic, irrigation, and all other uses required for the Extraterritorial Property, including fire training, shall be metered. SCCCD shall install meters approved by the City for all uses. 3. Destruction of Existing Onsite Wells. SCCCD shall destroy all existing onsite wells in compliance with the State of California Well Standards, Bulletins 74-81 and 74- 90, or current revisions, issued by the California Department of Water Resources, and City standards. SCCCD shall not apply any water obtained from onsite wells to the Extraterritorial Property. SCCCD shall comply with Fresno Municipal Code (FMC) section 6-518, as may be amended from time to time. 4. Sewer Extensions. a. SCCCD, at its sole expense, shall construct a private sewer lateral connecting to the existing 66-inch diameter public sewer main in East North Avenue at Manhole 3262-01. b. Any house branch (sewer lateral) larger than 6-inch shall require a manhole connection. 5. Septic Tanks Prohibited. No septic tanks shall be installed, replaced, or expanded on the Extraterritorial Property. All existing septic tanks shall be properly destroyed, and all sewer connections must be completed within 90 days of the sewer main extensions installation. Specifically, FMC Section 6-303(a) states "every building or structure in which plumbing fixtures are installed, and every premises having piping thereon, which conveys sewage or other liquid wastes to 3 an approved point of disposal, shall be connected to the regional sewer system if it is available." Septic tank destruction and sewer connections must be constructed in accordance with the applicable provisions California Plumbing Code, including 24 CCR §722.0 et. seq. 6. Permit Required. A City of Fresno street work permit is required for any work in the Right -of -Way. 7. Fire Protection Upgrades. SCCCD shall be solely responsible for meeting any required fire protection upgrades beyond the point(s) of connection to the public water systems. 8. Payment of Fees to City. Prior to issuance of a permit for connecting to the City's water or sewer systems, SCCCD shall pay to the City all required water and sewer fees as determined by the City and set forth in the City's Master Fee Schedule (Attachment D), as may be amended from time to time, including the City's Water Capacity Fee. The Water Capacity Fee shall be based on the number and size of water meters installed to serve the Extraterritorial Property. a. The Water Capacity Fee for any new or expanded service connection shall be payable prior to the issuance of a building permit at the fee level in effect on the date such permit is issued. b. SCCCD shall contact Utility Billing and Collection Services at (559) 621- 6765, prior to applying for building permits, regarding conditions of service for special users. 9. Water Supply Redundancy. For water supply redundancy purposes, SCCCD, at its sole expense and without reimbursement from the City, shall be required to connect to the City's public water system at two locations approved by the Director of Public Utilities or designee. 10. City to Provide Water and Sewer Service. Upon SCCCD's full performance of all obligations defined herein, including payment of all fees required by the City under this Agreement, the City will provide SCCCD with water and sewer service from the City's public water system and public sewer system. a. The City's performance is conditioned upon SCCCD obtaining consent of all applicable governmental agencies including, without limitation, approval of this Agreement by LAFCo and obtaining consent from Fresno County, including, without limitation, obtaining necessary encroachment permits or easements from Fresno County, or private property owners, to install new water lines and new sewer lines (Public Portion) along right of ways or across private property, as may be required to serve SCCCD's property (Private Portion). On -site sanitary sewer facilities shall be private. b. The City shall withhold approval of SCCCD's water and sewer construction plans until all necessary approvals, permits, and easements have been legally obtained and duly recorded with Fresno County. 11. No Representation Reaardina Water Service, Pressure or Volume for any Private Portion of the New Water Pipeline. The City does not make any representation, 4 warranty or guarantee of any kind or nature, and hereby specifically disclaims, any kind of representation, warranty or guarantee that any private portion of the water system will yield any specific volume of water or provide any specific water pressure to the Extraterritorial Property under static or dynamic water demand scenarios, or for any use by SCCCD and its tenants, lessees, purchasers, successors or assigns. SCCCD assumes full responsibility for the adequacy of volume of water and water pressure beyond the point of service into the private portion. 12. Water Service Contingent on Surface Water Supply Transfer. The City's provision of water service to the Extraterritorial Property is contingent upon SCCCD annually providing the total annual surface water supply assigned to the Extraterritorial Property, by the Fresno Irrigation District, to the City to meet the Project's total annual water supply demand, plus fire protection demands, at build -out conditions. a. Acquisition of Surface Water Supply Allocation Right. Entitlement or Similar. SCCCD must obtain an annual surface water supply allocation, right, entitlement, or similar from the Fresno Irrigation District to meet the Project's total annual water supply demand. SCCCD shall then dedicate, transfer, or assign the annual surface water supply allocation, right, entitlement or similar, to the City. The total annual surface water entitlement assigned to the Extraterritorial Property by the Fresno Irrigation District will be transferred to the City on an annual basis, and in exchange, the City will satisfy the Extraterritorial Property's total annual water supply demand. SCCCD is solely responsible for all costs, fees, and expenses associated with the acquisition of an annual surface water supply allocation, right, entitlement, or similar and the dedication, transfer, or assignment to the City. The City will withhold installation of City water meters and initiation of water service until the annual surface water allocations, rights, entitlements, or similar have been transferred and assigned from SCCCD to the City. At the time of annexation of the Extraterritorial Property to City limits, the Extraterritorial Property will be included in the City and Fresno Irrigation District's annual process of determining the City's King's River Supply. 13. Maintenance and Repair. SCCCD shall be responsible for operation, maintenance, repair, and replacement of all components of the Private Portion of the water system and sewer system beyond the City's Point of Service. Under no circumstances shall the City be required or accountable to maintain, repair or replace the Private Portion of the water system or sewer system unless and until the City may, at its sole discretion and option, accept dedication of the water system or sewer system, or any portion thereof in increments or otherwise, at some future date. SCCCD's obligation to maintain, repair and replace the Private Portion of the water system and sewer system shall include, without limitation, any operation and maintenance, repair, replacement or modification of the Private Portion of the water system and sewer system as may be required by the City. Should SCCCD fail to operate, maintain, repair and replace the Private Portion of water system or sewer system as needed for proper operation of the Public 5 Portion, the City shall have the right, but not the obligation to stop providing water and sewer service. a. Leak Repairs. SCCCD shall respond to and repair leaks, breaks, or overflows caused by unforeseen conditions or damage to any Private Portion receiving water and sewer service from the City, including those caused by SCCCD, other parties, or acts of God. As part of its duty to maintain such Private Portion, SCCCD shall promptly repair all leaks, breaks, and overflows, no matter how said leaks, breaks or overflows may be caused at its sole cost and expense, except that the City shall be responsible for any leaks, breaks, or overflows caused by the City or any contractors or agents acting on behalf of the City. SCCCD acknowledges unrepaired leaks, breaks, and overflows of waste water may cause property damage, and adversely impact public health, safety and welfare. If SCCCD fails to promptly repair all leaks, breaks, and overflows, the City, at its sole discretion, may stop providing water and/or sewer service as may be applicable. Thereafter, the City shall have no obligation to provide water and/or sewer service until SCCCD repairs the leaks, breaks, or overflows to the Private Portion. b. Right to Inspect Water and Sewer System. The City shall have the right to inspect and examine the Public Portion at any time, including during construction and operation of the water system and sewer system. c. Right to Access and Inspect Water Meters. The City shall have the right of entry to access and inspect all water meters for compliance with American Water Works Association (AWWA) standards, whether located on the Private or Public Portions. 14. Exclusive Use of Private Portion. The Private Portion is for the exclusive use of SCCCD on the Extraterritorial Property. After connection to the Public Portion, SCCCD shall not permit the Private Portion to be used, either directly or indirectly, to provide water service or sewer service to any other property regardless of whether the other property is owned by SCCCD or a third party. 15. Reduction of Property Water Consumption. To the extent possible, SCCCD shall implement efforts to reduce water consumption. Efforts would include use of low -flow fixtures, consideration for areas of artificial turf, use of xeriscaping landscapes, and public awareness on water conservation measures. SCCCD shall at all times comply with all applicable local and state mandated water conservation measures and be subject to fines and penalties as allowed by law. SCCCD shall be subject to the City's water regulations including water conservation requirements, watering schedules, fines, and penalties. 16. Construction of Public Water Facilities. All Public water facilities shall be constructed in accordance with the most current Department of Public Works standards, specifications, and policies. B. Additional Provisions. The following provisions shall apply to this entire Agreement: Continuing Obligations and Responsibilities of SCCCD. SCCCD agrees to promptly pay to the City any and all fees for any water supplied by the City to SCCCD. All fees listed in the City's Master Fee Schedule are updated and amended from time to time by City's Council. Notwithstanding any other section of this Agreement, the fees and rates set forth by the Master Fee Schedule, as currently in effect or as it may be amended, are incorporated herein and shall have precedence over the fees listed in this Agreement and attached exhibits. SCCCD is responsible to pay the fees and rates as set forth by the Master Fee Schedule, except as otherwise specified in this Agreement. SCCCD agrees to maintain its water and sewer service accounts with the City in a current status. SCCCD acknowledges and agrees that should its water service account with the City become 60 days delinquent, the City shall have the right, at the City's sole option, to discontinue water and sewer service to SCCCD's property. 2. No Opposition to Annexation of Property. SCCCD agrees not to oppose, protest, or otherwise object to any proceeding involving the City's annexation of the Property in the future, no matter whether such proceeding is before LAFCo, the Council of the City, or any other legislative body, board, or commission, if such annexation is not subject to conditions, excluding the facts pertaining to the annexation itself or the extension of sanitary sewer or domestic water services, which might materially prejudice those holding an interest in the real property. SCCCD understands and agrees that this Agreement and the covenants contained herein are intended to be and shall act as a complete and irrevocable waiver of all such protest rights, whether or not such protest rights are sought to be exercised either as Owners of the Property, which is the subject of the annexation proceedings, or as a registered voter residing on the Property which is the subject of the annexation proceedings. SCCCD shall not be responsible for any charges or fees associated with or related to annexation proceedings solely due to the fact that the Property is part of an area proposed for annexation by the City. However, if SCCCD proposes a development for annexation by the City, whether or not including the Property, SCCCD may be subject to charges and fees associated with or related to such annexation proceedings, and nothing in the Agreement shall operate otherwise. Except as otherwise provided in this Agreement, SCCCD further agrees that in the event they or any other person or legal entity hereafter succeeding SCCCD's interest in and to the Property or a part thereof seeks to protest the annexation contrary to and in breach of the provisions of this Agreement, the City shall be entitled to take the following actions: a. In the event a protest to the annexation is filed with the City, such protest shall be null and void and shall be disregarded by the City in determining the value of all protests to such annexation. b. In the event a protest to the annexation is filed with LAFCo or any other board or commission, this Agreement shall act as a complete bar to the acceptance and consideration of such protest by LAFCo or other board or commission at such time as the City files a copy of this Agreement with LAFCo or other board or commission. 3. Covenants Running with the Land. SCCCD acknowledges and agrees that all of SCCCD's covenants, agreements, promises, representations, and warranties as set forth in this Agreement are covenants running with SCCCD's property as defined in the applicable provisions of Sections 1457 et seq. of the California Civil Code. SCCCD's covenants, agreements, promises, representations and warranties as contained in this Agreement, shall run with SCCCD's successors and assigns and all parties and persons claiming under them. Within 30 days of execution by the last party to sign, SCCCD agrees to record a copy of this Agreement as a covenant running with the land. 4. Successors and Assigns. The covenants and agreements contained in this Agreement shall be binding upon and shall inure to the benefit of the heirs, successors, and assigns of the parties hereto. SCCCD may not assign its rights and/or obligations under this Agreement without the prior written consent of the City, which consent shall not be unreasonably withheld. Any such consent by the City shall not, in any way, relieve SCCCD of its obligations and responsibilities under this Agreement. 5. Notice. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notice served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof. 6. Binding. Subject to Section 20, below, once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees, and representatives. 7. Compliance With Law. In providing the services required under this Agreement, SCCCD shall at all times, comply with all applicable laws of the United States, the State of California and the City, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement. 8. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. 9. Indemnification of City and Union Pacific Railroad Company. To the furthest extent allowed by law, SCCCD shall indemnify, hold harmless and defend the City and Union Pacific Railroad Company and each of their officers, officials, employees, 0 agents, volunteers and any other railroad company using Railroad Property at or near the location of worksite from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time, and property damage) incurred by City, SCCCD, Union Pacific Railroad Company or any other person, and from any and all claims, demands, liabilities, damages and actions in law or equity (including attorney's fees, litigation expenses, and costs to enforce this agreement), arising or alleged to have arisen directly or indirectly out of the performance of this Agreement and the performance of any or all work to be done in and upon the street rights -of -way or within SCCCD's property boundary, and premises adjacent thereto, pursuant to this Agreement, or arising or alleged to have arisen directly or indirectly in any way related to the construction, installation and operation of the new supply pipeline or its appurtenances by anyone occupying any portion of SCCCD's property including, without limitation, any such claims, causes of action, damages, liabilities, fees, costs, expenses, and attorney fees arising from water quality compliance, a lack of volume of water, inadequate fire flow, lack of water pressure in, from or delivered to the new water supply pipeline, or lack of flow capacity in the new water supply pipeline. SCCCD's obligations under the preceding shall apply regardless of whether City or any of its officers, officials, boards, employees, agents, or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct, of City or any of its officers, officials, employees, agents, or volunteers. If SCCCD should subcontract all or any portion of the work to be performed under this Contract, SCCCD shall require each subcontractor to indemnify, hold harmless and defend City, Union Pacific Railroad Company and each of its officers, officials, employees, agents, volunteers and other railroad companies in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Agreement. 10. Insurance. Prior to the start of construction, and for five years following completion of the Water Main as detailed in this agreement, SCCCD or the contractor they hire shall pay for and maintain in full force and effect all insurance as required in Attachment E. If at any time during the life of the Agreement or any extension, SCCCD or any of its contractors fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to SCCCD or the Contractor they hire shall be withheld until notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this Agreement. No action taken by CITY pursuant to this section shall in any way relieve SCCCD of its responsibilities under this Agreement. The phrase "fail to maintain any required insurance" shall include, without limitation, notification received by CITY that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. The fact that insurance is obtained by SCCCD or the Contractor they hire shall not be deemed to release or diminish the liability of SCCCD or the Contractor they hire, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify CITY and Union Pacific Railroad shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by SCCCD or the Contractor they hire. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of CONTRACTOR, vendors, suppliers, invitees, contractors, sub- contractors, subcontractors, or anyone employed directly or indirectly by any of them. 11. Public Health. Safety. and Welfare. Nothing contained in this Agreement shall limit the City's authority to exercise its police powers, governmental authority or take other appropriate actions to address threats to public health, safety and welfare, including temporarily suspending water services as deemed appropriate by the City in its sole determination and discretion. 12. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California. 13. Headings. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify, or add to the interpretation or meaning of the provisions of this Agreement. 14.Severability. The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the other provisions. 15. Interpretation. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provisions of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning. 16.Attorne 's Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceedings or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. 17. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement. 18. Precedence of Documents. In the event of any conflict between the body of this Agreement and any Exhibit or Attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within any Exhibit or Attachment hereto which purport to 10 modify the allocation of risk between the parties, provided for within the body of this Agreement, shall be null and void. 19. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. 20. No Third -Party Benefits. The rights, interests, duties, and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties. 21. Extent of Agreement. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written agreement duly authorized and executed by both the City and SCCCD. [SIGNATURE PAGE TO FOLLOW] 11 IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, on the day and year first above written. CITY OF FRESNO, a California municipal corporation By: f .� Brock D. Buche Director of Public Utilities APPROVED AS TO FORM: RINA M. GONZALES Interim City By: •21•ZZ Jenn4?". duih6rga Date dOA Senior Deputy City Attorney STATE CENTER COMMUNITY COLLEGE DISTRICT, a political subdivi p' n of the State California By: k7n�,Jig _ Name: Christine D. Miktarian Title: Vice Chancellor, Operations (If corporation or LLC., Board Chair, Pres. or Vice Pres.) Name: ATTEST: Title. TODD STERMER, CMC (If corporation or LLC., CFO, Treasurer, City CleR Secretary or Assistant Secretary) B r REVIEWED BY. r Date Addresses: CITY: City of Fresno Attention: Director of Public Utilities Department of Public Utilities 1626 E Street Fresno, CA 93706 State Center Community College District Attn: Christine D. Miktarian, Vice Chancellor, Operations Operations and Information Systems 1171 Fulton Street Fresno, CA 93721 Attachments: Attachment A — Property Deed Attachment B — LAFCo Resolution OS-22-01 Attachment C — Pipeline Crossing Agreement Attachment D — Department of Public Utilities, Attachment E — Insurance Requirements 12 Master Water Service Fee Schedule Attachment A RECORDING REQUESTED BY: ChicagoTitle Company Escrow No;: 4.5001575-450-SM Title No.:. 45001-575 WHEN RECORDED MAIL DOCUMENT AND TAX .STATEMENT TO: State Center -Community College District Chrlistinec D. Miktarian 117'1Fulton Street Fresno, CA 9372'I APR: 316-071-23 Property Address: 327.6 E. Ndrth Avenue, Fresno, -CA Fresno County Recorder Paul Dictos, CPA 2019-0105499 Recorded at the request of. CHICAGO TITLE FRESNO - 7330 09/16/2019 10:31 22 Titles:1 Pages:6 Fees: $0.00 CA SB2 Fees:$0.00 Taxes: $0.00 Total: $0.00 SPACEABOVE THIS LINE FOR RECi]RMR'.S USE The undersigned declares exemption under the following;" The document is executed or relonrOed by tl3e stak:Frany"comnty, municipality, or other poiilicat subdivision vf'fhe state (GG738&1.1(a)12) (D))= GRANT DEED THE U.NOERSIGNED GRANTOR(s) DECLARE(s) 0 " 'phis transfer Is exempt from the: d"ocumentaFy transfer tax The undersigned grantor(s) declare(s): This Wriveyahce -is exempt from the.payrrment of a documentgry transfer lax pursuant to. Aevenue and Taxation Cade Section 11922 THIS DOCUMENT IS BEING RECORDED FOR THE" ,BENEFIT OF STATE CENTER COMMUNITY COLLEGE DISTRICT"ANO iS. EXI MPT FROM THE PAYMENT OF A RECORDATION FEE. (GC =83 AND 13G 6108) The property is located 10 Unincorporated areaof Fresno County. FOR A VALUABLE CONSIDERATION, receipt of which is hereby.ackriowledged, Parga Partners, a California. general partnership hereby GRANT(s) to State Center -Community College District, a,pblitical subdivision bfthe State of California the foilowing real property in the County- of'Fresno,-State of CA: SEE EXHIBIT A ATTACHI=D'HERETO AND MADE A PART HEREOF. Grant Dded Last Saved: 97701,R 12:t2 PM 4y SPA GDSC (DSI Rm M.6f 18) Page-j Escfaw Nc;,.- 4sebis75.45d;sm Dated: September 7, 2019 IN WITNESS WHEREOF, the undersigned have executed this document on the date(s) set forth below.. Parga Partners, a California general partnership By: J-Mar Fowler, L.P., a California limited partnership General Partner By: J-Mar Development Company, Inc., a California Corporation General Partner ray: Dean Arakelian, President By: Denken Farms, a California limited partnership General Partner By: G2 Management, LLC, a California limited liability company member This document is -executed -in c:6unterparts- each of which is deemed to be an original, but such parts constitute one and the same instrument. NOTARY ACKNOWLEDGEMENT(S) TO GRANT DEED A notary public �r other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } S5: County of IF rs t s 0 } e. 11 On c lk, : -09 before me, J L— ix- �JcAV%i�j--1 , t� otr.r 4 PwIL a Notary Public, personally appeared V eare+6t Par'nio s ism _ Q,,a_j NE L-C._ h-fivat? t who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/heNtheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I ceriify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature tj0'fk.LA1s _ (Seal) Grant Deed GD-SC (DS1 Rev. 4/6M) JULIE wA-rZ NOTARY PUBLIC . CAUFORNIA 3 COMMISSION * 2257170 i? FRESNOCOUNSY My Comm. Exp. September 30, 2022 Last Saved SM2019 VA 2 PM by SM Escrow No.:45001575-450-SM Dated: September 7, 2019 IN WITNESS WHEREOF, the undersigned have executed this document on the date(s) set forth below.. Parga Partners, a California general partnership By: J-Mar Fowler, L.P., a California limited partnership General Partner By. J-Mar Development Company, inc., a California Corporation General Partner By: ❑ean Araketian; Pres dent`-` By: Denken Farms, a California limited partnership General Partner This document is executed in counterparts, each of which is deemed to be an original, but such parts constitute one and the same instrument. 2 Management, LL a . mia limited ability company 1 / Gen fpd er f -� 0r`J,'aa Papn gian, mber f 0 4i,n A- /0 c' ennls Pa ag" , member r i NOTARY ACKNOWLEDGEMENT(S) TO GRANT DEED A notary public dr other officer completing this certificate verifies only the identity of the individual who si' tie -document to which this certificate is attached, and not the truthfulness, accuracy, or validityyf State of calirhrn: SS: County of 1.� C ) ) On t J. D I before me, a Notary Public, personally appeared c — .4 Porn who proved to me on the basis of satisfactory evidence tg the within instrument and acknowledged to me that efsf capacity(ies), and that by hislherlfheir signature on the which the person(s) acted, executed the inst ent. persons) whose name(s) islare subscribed to e�?'rq'ed the same in hislherltheir authorized ien�^tbe person(s), or the entity upon behalf of I certify under PENALTY OF PERJU under the laws of the State of true and correct WITNESS my hand and ial seal. Signature "'fj"J".- tjc+hL4i1 (Seal) Grant Deed GD-SC (DSI Rev. 418/19) the foregoing paragraph is 3 � ie YiIATKrNS N07RHY P SC • CALWORNZA + • FRESNOCD I2Vy170 7 MY ComTo. Esp. SWaMt;* 30, 2022-! Las[ Saved: 9fTM19 1T72 PM by SM Escrow No.: 45001575-450-SM ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document._ State of California County of starlislaus On September 12, 2019 before me, Julie Ann Ogan, Notary Public (insert name and title of the officer) personally appeared Dean Arakellan who proved to me on the basis of satisfactory evidence to be the person[sr}-v+rhose names) is/are subscribed to the within instrument and acknowledged to me that he/sha44ey executed the same in his/h@Oheii: authorized capacity.( ), and that by his/hefteir signatures) on the instrument the persons)-, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY Or PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature JUW ANN OUN Notary Public. California Stanislaus County Commission N 2291060 (Seal) - My COMM. EVires Jun 29, 2023 EXHIBIT A LEGAL DESCRIPTION For AP'NlParcel ID(s). 316-071-23 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF FRESNO, STATE OF CALIFORN.IA, AND IS DESCRIBED AS FOLLOWS: That portion of the South half of the Southwest quarter of Section 19, Township 14 South, Range 21 5ast, Mount Diablo Base and Meddiah, in the County of Fresno, State of. California, lying West of. the center line of Willow Avenue -as now located and East"df the East line of the West 1;361jeet of the South half of said Section 1-9, bounded and described as follows:. Beginning. at the point of irifersection of the center line of Willow Avenue and the South line of the South half of the ---"Southwest quarter -of said Section- 19, -which point. is,1-13.5 feet Westerly from the Southeast comer of -the- Southwest- — . quartet of said Section 19; thl:nce Westerly along the South line -of the Southwest quarter of said Section 19 a distance of 1,370.1 feet to a point thereon which is 1,361 feet Easterly from thee sotithwest corner of said Section 19; thence Northerly parallel with the Vilest fine.of the Southwest quarter of said Section 19-a distance of 1,324.7 feet -td a point on the North line of the South half of the -Southwest quarter of said Section 19.; thence Easterly along the Nor% line -of the South half of the Southwest quarter of said Section 1'9 a distance of'1-,360.1 feet to a point on the center Ifne of Willow Avenue, thence Southerly along said center line.a-distatT a of I A31-5 feetto the point ofbeginning. Excepting therefrom all thatportion described as follows: Beginning at the Southwest corner*ofsaid Section 19- thence North 00'20'21" East-30.04 feetalong the West boundary of said Section 19, thence North 88° 14' 27..4" East, 2,844.36 feet; thence South -01 " 54' 35.2 East, 54 feet to the. South quarter corner of said Section 19; thence, South 880 43' 27" West, 2,845.70 feet along the South boundary of said Section 19 to the point of beginning. Also that portion of the said -$outh half of said Southwest quarter lying West of the centeiiine of. Willow Avenue as now located and East of the bast fine of the West f,351 feetof the South half of said Section 1.9 described as -follows: Beginning -at a point North 00' 12' 57" East 749.51' feet from the South boundary of said Section 19, on the centerline- of -said Willow Avenue, thence, North Bb° 47' 08' Vilest 42AG feet, thence, Southeasterly along the arc of a nort- ahgent curve, concave: to the northeast (halving a 4,030 foot radius-, a radlus point which bears South 89° •47' 03' East and a central angle of 07' 11' 09`' a distance of 505.43 feet; thence, South 05' 58' 1Z' ' West, 85.94 feet to a point on the centerline of said Willow Avenue; thence, North 00" 1: '-51" East 589.37 feet along. said c gterline of Willow Avehue to the point of beginning, as granted to the County of Fresno 'by deed recorded August 15; 19681 Book 6602. Page 339,_ Document Na_ 557258. Grant Died Last Saved: 9/7/2019 12:12 PIV( by SM GO -SC (DSI Rev. 4J6/18) Escrow No.: 4500157.5.450-SM CERTMCATT, OF ACCEPTANCE OF GRANT DEED This 'is to.oertif e. an 1�?.rg ytMt the iritereatin. real property con-v.ey d.bygr t-deedfrom a Partners,'a Wfbmi� general parinership. to State Center Cpmmunity College District a politicol siibdivisioii of the state. of California, is hereby accepted by Christi n-*e Mil�iarian, Vice Chancellor, Operations and Information Systems; on'behalf of State Center Community College District piltsuant io the authority conferred by-ffie Hoard of Trustees of State, Center' Co=u M-'ty- C-ol!Qge District, end St4le Center Comm=V College District as grantee,, consents to recordation of said grant deed by its duly authorized itDres6ntati-ftbelow. DATED: Septqm� ofjo,20i9 STATE (MNTF-R COMMUNITY COLLEGE DISTRICT, apolitical subdivision of the state of California 13y:l �z IL -A---' (Z L/ LQ,� ChrikinefMikkari-a4 Its: Vice Chancellor, Operations and inflonn6tion Sysm= J-.lv,dDcs1OOM4102SCgl1K031)7Z.DOC;X Attachment B Fresno Local Agency Formation Commission March 15, 2022 Brock Buche, Director of Public Utilities City of Fresno 2600 Fresno Street, Rm. 4019 Fresno, CA 93721 Dear Mr. Buche: Subject: Resolution OS-22-01 authorizing the City of Fresno to extend sanitary sewer and domestic water services to the State Center Community College District's First Responders Campus at 3276 E. North Avenue The City of Fresno's request to extend of sanitary sewer service to territory outside of the city limit and inside of the Fresno sphere of influence has been authorized. Please see the enclosed resolution. Please contact me at your convenience with any questions. Sincerely, avid E. ey, Executiv Officer enclosure cc: LAFCo Commissioners Dejan Pavic, DPU Manager, City of Fresno Kevin Grey, Supervising Engineering Technician, City of Fresno Brian R. Speece P.E., Ridgerunner Engineering Bernard Jimenez, Planning & Resource Management Officer, Fresno County Oscar Garcia, Fresno County Auditor-Controller/Treasurer-Tax Collector Paul Dictos, Fresno County Assessor -Recorder Buddy Mendes, County Supervisor, District 4 30163980 115273.0001 2607 Fresno Street, Suite B, Fresno, CA 93721 (559) 600-0604 RESOLUTION NO. OS-21-09 A RESOLUTION OF THE FRESNO LOCAL AGENCY FORMATION COMMISSION AUTHORIZING AN EXTENSION OF SANITARY SEWER AND DOMESTIC WATER SERVICES TO TERRITORY OUTSIDE OF THE FRESNO CITY LIMIT WITHIN THE FRESNO SPHERE OF INFLUENCE WHEREAS, pursuant to Government Code (GC) section 56427, the Fresno Local Agency Formation Commission (LAFCo) determines spheres of influence, as defined in GC section 56076, for local agencies as a plan for the probable physical boundaries and service area of a local agency; and WHEREAS, pursuant to GC sec. 56133 (c), LAFCo may authorize a city or special district to provide new or extended services outside of its jurisdictional boundaries in anticipation of a later change of organization; and WHEREAS, on October 1, 2014, by Resolution No. 127, LAFCo delegated to the executive officer the authority to authorize extension of service requests under GC sec. 56133; and WHEREAS, the executive officer has determined that an extension of service request shall be processed as an administrative action with notice of action given only to the affected local agency or agencies and the owner(s) of the affected territory; and WHEREAS, the City of Fresno ("City") owns and operates a regional municipal wastewater collection and treatment system for the ratepayers in and around the City; and WHEREAS, the City owns and operates a regional municipal water production, treatment and distribution system for the ratepayers in and around the City; and WHEREAS, on February 9, 2022, the City filed an application with Fresno LAFCo to authorize extension of sanitary sewer and domestic water services to the State Center Community College District ("District") First Responders Campus at 3276 E. North Avenue, also identified as Assessor's Parcel Number 316-071-23T, and as depicted in Exhibit "A," (hereafter the "Subject Parcel") being outside of the corporate limits of the City but within the City's sphere of influence (SOI); and WHEREAS, at this time, annexation of the Subject Parcel is not feasible because the city lacks a strategic and effective process to facilitate the submittal of a reorganization application to LAFCo; and WHEREAS, no City water service is proximate to the Subject Parcel and in lieu of annexation to the City of Fresno may, by agreement with the District, extend water service approximately one-half mile to the Subject Parcel; and WHEREAS, City sanitary sewer service is proximate and available to the Subject Parcel; and WHEREAS, provision of water and sanitary services requires LAFCo's authorization under GC sec. 56133; and 30163980 /15273.0001 WHEREAS, prior to connection of these services, the District, as owner of the Subject Parcel shall enter into an Extra -Territorial Agreement with the City, which shall incorporate a recorded covenant, stipulating that the District will not oppose future annexation to the City. NOW, THEREFORE, BE IT RESOLVED that pursuant to the authority delegated by the commission, I, David Fey, Executive Officer of the Fresno Local Agency Formation Commission, on this date hereby determine the extension of water and sanitary sewer services outside the Fresno city limits and within the Fresno SOI as described in this resolution hereby authorized subject to the following conditions: 1. The record owner of title to the Subject Parcel shall record a covenant, in a form reasonably acceptable to the City, stating that the record owner, and all subsequent owners of the Subject Parcel, shall not protest the future annexation of the Subject Parcel if such annexations are not subject to conditions, excluding the facts pertaining to the annexation itself or the extension of sanitary sewer or domestic water services, which might materially prejudice those holding an interest in the real property. 2. This authorization is limited to the provision of sanitary sewer and domestic water services by the City identified in the administrative record of OS-22-01, incorporated herein by this reference. Further extension of this service or connection of other properties, or to a use not specifically described in this resolution are subject to Fresno LAFCo authorization. BE IT FURTHER RESOLVED THAT pursuant to GC sec. 56895, any person or affected agency may file a written request with the executive officer requesting amendments to or reconsideration of the resolution. The request shall state the specific modification to the resolution being requested and shall state what new or different facts that could not have been presented previously are claimed to warrant the reconsideration. Notwithstanding GC sec. 56106, the deadlines set by this section are mandatory. The person or agency shall file the written request within 30 days of the adoption of the initial or superseding resolution making determinations. CERTIFICATION I, David E. Fey, Executive Officer of the Fresno Local Agency Formation Commission, Fresno County, State of California, hereby certify that pursuant to the authority delegated by the Fresno LAFCo to the executive officer, I approved the foregoing resolution on the 15th day of March, 2022. DAVID E EY, Ex4cdtive Officer Fresno Local Agency Formation Commission G:\LAFCo Projects\Cities\Fresno\OS\OS-22-01\Reso OS-22-01.docx 2 30163980 /15273.0001 "' xOr ... r aavn.. i n l - auyarw a/r d /o b ranlrw0 M pwlra,Mp .wrap > Jl,ir.M, o/ be0 ly Exhibit A SUBDIVIDED LAND IN POR. SEC. 19, T. 14 S., R. 21 E., M. D. B. a M. 2 3016398v1 / 15273.0001 '`B° 316-07 AVE '1---, /;uo Attachment C Pipeline Crossing 080808 Last Modified: 06/05/18 Form Approved, AVP-Law Folder No. 03316-79 PIPELINE CROSSING AGREEMENT Mile Post: 210.18, Fresno (Industry Track 124) Subdivision Location: Malaga, Fresno County, California THIS AGREEMENT (`Agreement") is made and entered into as of March 21, 2022, ("Effective Date") by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, ("Licensor") and CITY OF FRESNO WATER DIVISION, to be addressed at 1910 E. University Avenue, Fresno, California 93703 ("Licensee"). IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: Article 1. LICENSOR GRANTS RIGHT. A. In consideration of the license fee to be paid by Licensee set forth below and in further consideration of the covenants and agreements to be performed by Licensee, Licensor hereby grants to Licensee the right to construct and thereafter, during the term hereof, maintain and operate one (1) underground sixteen inch (16") steel domestic water pipe encased in a twenty eight inch (28") steel casing pipeline crossing only, including any appurtenances required for the operation of said pipeline (collectively, "Licensee's Facilities") across Licensor's real property, trackage, or other facilities located in Malaga, Fresno County, State of California ("Railroad Property"). The specific specifications and limited purpose for Licensee's Facilities on, along, across and under Railroad Property are described in and shown on the Print and Specifications dated February 07, 2022, attached hereto as Exhibit A and made a part hereof. B. Licensee represents and warrants that Licensee's Facilities will, (i) only be used for one (1) underground sixteen inch (16") steel domestic water pipe encased in a twenty eight inch (28") steel casing pipeline crossing, and (ii) not be used to convey any other substance, any fiber optic cable, or for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement. C. Licensee acknowledges that if it or its contractor provides Licensor with digital imagery depicting Licensee's Facilities ("Digital Imagery"), Licensee authorizes Licensor to use the Digital Imagery in preparing Exhibit A. Licensee represents and warrants that through a license or otherwise, it has the right to use the Digital Imagery and to permit Licensor to use the Digital Imagery in said manner. Article 2. TERM. This Agreement shall take effect as of the Effective Date first herein written and shall continue in full force and effect until terminated as provided in the "TERMINATION; REMOVAL OF LICENSEE'S FACILITIES" Section of Exhibit B. Article 3. LICENSEE'S COMPLIANCE WITH GENERAL TERMS. Licensee represents and warrants that all work on Licensee's Facilities performed by Licensee or its contractors will strictly comply with all terms and conditions set forth herein, including the General Terms and Conditions, attached hereto as Exhibit B and made a part hereof. Article 4. INSURANCE. A. During the term of this Agreement, Licensee shall fully comply or cause its contractor(s) to fully comply with the insurance requirements described in Exhibit C, attached hereto and made a part hereof. Upon request only, Licensee shall send copies of all insurance documentation (e.g., certificates, endorsements, etc.) to Licensor at the address listed in the "NOTICES" Section of this Agreement. B. If Licensee is subject to statute(s) limiting its insurance liability and/or limiting its ability to obtain insurance in compliance with Exhibit C of this Agreement, those statutes shall apply. Article 5. DEFINITION OF LICENSEE. For purposes of this Agreement, all references in this Agreement to Licensee will include Licensee's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority (collectively, a "Contractor"). If a Contractor is hired by Licensee to perform any work on Licensee's Facilities (including initial construction and subsequent relocation, maintenance, and/or repair work), then Licensee shall provide a copy of this Agreement to its Contractor(s) and require its Contractor(s) to comply with all terms and conditions of this Agreement, including the indemnification requirements set forth in the "INDEMNITY" Section of Exhibit B. Licensee shall require any Contractor to release, defend, and indemnify Licensor to the same extent and under the same terms and conditions as Licensee is required to release, defend, and indemnify Licensor herein. Article 6. ATTORNEYS' FEES EXPENSES AND COSTS. If litigation or other court action or similar adjudicatory proceeding is undertaken by Licensee or Licensor to enforce its rights under this Agreement, all fees, costs, and expenses, including, without limitation, reasonable attorneys' fees and court costs, of the prevailing Party in such action, suit, or proceeding shall be reimbursed or paid by the Party against whose interest the judgment or decision is rendered. The provisions of this Article shall survive the termination of this Agreement. Article 7. 'WAIVER OF BREACH. The waiver by Licensor of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by Licensee shall in no way impair the right of Licensor to avail itself of any remedy for any subsequent breach thereof. Article 8. ASSIGNMENT. A. Licensee shall not assign this Agreement, in whole or in part, or any rights herein granted, without the written consent of Licensor, which must be requested in writing by Licensee. Any assignment or attempted transfer of this Agreement or any of the rights herein granted, whether voluntary, by operation of law, or otherwise, without Licensor's written consent, will be absolutely void and may result in Licensor's termination of this Agreement pursuant to the "TERMINATION; REMOVAL OF LICENSEE'S FACILITIES" Section of Exhibit B. B. Upon Licensor's written consent to any assignment, this Agreement will be binding upon and inure to the benefit of the parties thereto, successors, heirs, and assigns, executors, and administrators. Article 9. SEVERABILITY. Any provision of this Agreement which is determined by a court of competent jurisdiction to be invalid or unenforceable shall be invalid or unenforceable only to the extent of such determination, which shall not invalidate or otherwise render ineffective any other provision of this Agreement. Article 10. NOTICES. Except Licensee's commencement of work notice(s) required under Exhibit B, all other notices required by this Agreement must be in writing, and (i) personally served upon the business address listed below ("Notice Address"), (ii) sent overnight via express delivery by a nationally recognized overnight delivery service such as Federal Express Corporation or United Parcel Service to the Notice Address, or (iii) by certified mail, return receipt requested to the Notice Address. Overnight express delivery notices will be deemed to be given upon receipt. Certified mail notices will be deemed to be given three (3) days after deposit with the United States Postal Service. If to Licensor: Union Pacific Railroad Company Attn: Analyst —Real Estate Utilities (Folder No. 03316-79) 1400 Douglas Street, MS 1690 Omaha, Nebraska 68179 If to Licensee: CITY OF FRESNO WATER DIVISION 1910 E. University Avenue Fresno, California 93703 Article 11. SPECIAL PROVISION — CONSTRUCTION OBSERVATION. Licensor requires Licensee to provide monitoring of tracks and construction observation through Licensor approved observer named below during all construction and installation work. Licensee is to directly coordinate services with the named inspector: Railpros Field Services Email: RP.Utilitvna railnros.com Phone (682)223-5271 n IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first herein written. UNION PACIFIC RAILROAD COMPANY MEMaT =,PAO, Thomas Leddy Sr Analyst Real Estate CITY OF FRESNO WATER DIVISION Name Printed: Robert A. Diaz NON-FLAMMABLE LIQUID ❑O CROSSING El ENCROACHMENT PIPELINE El BOTH B UPRR R. 0. W. a w �oI �r � Y �0 ss DEG. �N ANGLE OF z CROSSING .—.—.—.—.—w IN DESCRIBE " DESCRIBE r FIXED OBJECT c,I FIXED OBJECT CROSSING TRACK CROSSING TRACK—/ E"North Ave C/L (DOT: 757187R) NORTH __�----- _UP_RR__R.O. W. ___ —------- -- -- A�_ -----^------------------- PLAN SCALE: NONE =10 OUTER OUTER to TRACK TRACK r �— 0 FT. 0 FT. I I I I i 70.o F T. I i 35 FTC —� w 0 FT. 35 FT. i I VENT PIPE I I TOTAL TRACKS I NA FT. I iFT. GROUND DRAINAGE NA FT. I II SURFACE I DITCH 1 4.5FT. , _FT. �7 4.5 FT. t — > II I -- - - - - - - - - ---------- - - - - -- _--------------------- V ---------------- - --- -- CASING PIPE SECTION CARRIER PIPE SCALE: NONE LONGITUDINAL PIPE ENCROACHMENT NOTES: 1) ALL DIMENSIONS MEASURED PERPENDICULAR TO THE CENTERLINE OF TRACK 2) REFER TO AREMA VOLUME 1. CHAPTER 1. PART 5. SECTION 5.1 A) METHOD OF INSTALLATION BOREDANDJACKED B) DIST. FROM CENTERLINE OF TRACK TO PIPE ENCROACHMENT BUILDING AMERICAO C) SIGNS PROVIDED? AT MINIMUM SIGNS WILL BE PROVIDED AS STATED ABOVE D) CARRIER MATERIAL DUCfILEIRONPIPE IF RCP, CLASS V? NA COMMODITY TO BE CONVEYED DOMESTIC WATER EXHIBIT OPERATIONAL PRESSURE 70 PSI. MAOP 250 PSI. SUBDIVISION: Fresno Sub. (industry Track 124) WALL THICKNESS (INCH)/ SCHEDULE 0.3 DIAMETER 16 IN. CATHODIC/COATING PROTECTION NO TRACK TYPE: MAINLINE E) CASING MATERIAL 91H8.PRE IF RCP, CLASS V? NA M.P.: 210.18 LAT.: 36.692452 TOTAL LENGTH CASING PIPE:70 FT. E.S.M.:35,81 LONG.:-119.737214 WALL THICKNESS 0.438 IN. DIAMETER 28 IN. CATHODIC/COATING PROTECTION YES NEAREST CITY: COUNTY: STATE: CASING PIPE IS SEALED AT THE ENDS. MALAGA FRESNO CA F) DISTANCE FROM CENTERLINE OF TRACK TO NEAR FACE OF APPLICANT: CITY OF FRESNO WATER DIVISION BORING AND JACKING PITS WHEN MEASURED AT RIGHT ANGLES 32 AND 32 FILE NO.: 0331679 DATE: 4/22/2022 Pipeline Crossing 06/05/18 Form Approved, AVP Law EXHIBIT B GENERAL TERMS AND CONDITIONS Section 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED. A. The foregoing grant is subject and subordinate to the prior and continuing right and obligation of Licensor to use and maintain its entire property including the right and power of Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by Licensor without liability to Licensee or to any other party for compensation or damages. B. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of Railroad Property) and the right of Licensor to renew and extend the same, and is made without covenant of title or for quiet enjoyment. It shall be Licensee's sole obligation to obtain such additional permission, license and grants necessary on account of any such existing rights. Section 2. ENGINEERING REQUIREMENTS; PERMITS. A. Licensee's Facilities will be designed, constructed, operated, maintained, repaired, renewed, modified, reconstructed, removed, or abandoned in place on Railroad Property by Licensee or its contractor to Licensor's satisfaction and in strict conformity with: (i) Licensor's current engineering standards and specifications, including those for shoring and cribbing to protect Licensor's railroad operations and facilities ("UP Specifications"), except for variances approved in advance in writing by Licensor's Assistant Vice President Engineering — Design or its authorized representative ("UP Engineering Representative"); (ii) such other additional safety standards as Licensor, in its sole discretion, elects to require, including, without limitation, American Railway Engineering and Maintenance -of -Way Association ("AREMA") standards and guidelines (collectively, "UP Additional Requirements"); and (iii) all applicable laws, rules, and regulations, including any applicable Federal Railroad Administration and Federal Energy Regulatory Commission regulations and enactments (collectively, "Laws"). If there is any conflict between UP Specifications, UP Additional Requirements, and Laws, the most restrictive will apply. B. Licensee shall keep the soil over Licensee's Facilities thoroughly compacted, and maintain the grade over and around Licensee's Facilities even with the surface of the adjacent ground. C. If needed, Licensee shall secure, at Licensee's sole cost and expense, any and all necessary permits required to perform any work on Licensee's Facilities. Section 3. NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES. A. Licensee and its contractors are strictly prohibited from commencing any work associated with Licensee's Facilities without Licensor's written approval that the work will be in strict compliance with the "ENGINEERING REQUIREMENTS; PERMITS" Section of this Exhibit B. Upon Licensor's approval, Licensee shall contact both of Licensor's field representatives ("Licensor's Field Representatives") at least ten (10) days before commencement of any work on Licensee's Facilities. B. Licensee shall not commence any work until: (1) Licensor has determined whether flagging or other special protective or safety measures ("Safety Measures") are required for performance of the work pursuant to the "FLAGGING" Section of this Exhibit B and provided Licensee written authorization to commence work; and (2) Licensee has complied with the "PROTECTION OF FIBER OPTIC CABLE SYSTEMS" Section of this Exhibit B. C. If, at any time, an emergency arises involving Licensee's Facilities, Licensee or its contractor shall immediately contact Licensor's Response Management Communications Center at (888) 877-7267. Section 4. FLAGGING. A. Following Licensee's notice to Licensor's Field Representatives required under the "NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES" Section of this Exhibit B, Licensor shall inform Licensee if Safety Measures are required for performance of the work by Licensee or its contractor on Railroad Property. If Safety Measures are required, no work of any kind may be performed by Licensee or its contractor(s) until arrangements for the Safety Measures have been made and scheduled. If no Safety Measures are required, Licensor will give Licensee written authorization to commence work. B. If any Safety Measures are performed or provided by Licensor, including but not limited to flagging, Licensor shall bill Licensee for such expenses incurred by Licensor, unless Licensor and a federal, state, or local governmental entity have agreed that Licensor is to bill such expenses to the federal, state, or local governmental entity. Additional information regarding the submission of such expenses by Licensor and payment thereof by Licensee can be found in the "LICENSEE'S PAYMENT OF EXPENSES" Section of this Exhibit B. If Licensor performs any Safety Measures, Licensee agrees that Licensee is not relieved of any of responsibilities or liabilities set forth in this Agreement. C. For flagging, the rate of pay per hour for each flagger will be the prevailing hourly rate in effect for an eight -hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage, and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one- half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Licensor and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Licensee (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges. D. Reimbursement to Licensor will be required covering the full eight -hour day during which any flagger is furnished, unless the flagger can be assigned to other railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagger is engaged in other railroad work. Reimbursement will also be required for any day not actually worked by the flaggers following the flaggers' assignment to work on the project for which Licensor is required to pay the flaggers and which could not reasonably be avoided by Licensor by assignment of such flaggers to other work, even though Licensee may not be working during such time. When it becomes necessary for Licensor to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Licensee must provide Licensor a minimum of five (5) days notice prior to the cessation of the need for a flagger. If five (5) days notice of cessation is not given, Licensee will still be required to pay flagging charges for the days the flagger was scheduled, even though flagging is no longer required for that period. An additional ten (10) days notice must then be given to Licensor if flagging services are needed again after such five day cessation notice has been given to Licensor. Section 5. SAFETY. A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of any work on Railroad Property performed by Licensee or its contractor, and takes precedence over any work on Licensee's Facilities to be performed Licensee or its contractors. Licensee shall be responsible for initiating, maintaining and supervising all safety operations and programs in connection with any work on Licensee's Facilities. Licensee and its contractor shall, at a minimum comply, with Licensor's then current safety standards located at the below web address ("Licensor's Safety Standards") to ensure uniformity with the safety standards followed by Licensor's own forces. As a part of Licensee's safety responsibilities, Licensee shall notify Licensor if it determines that any of Licensor's Safety Standards are contrary to good safety practices. Licensee and its contractor shall furnish copies of Licensor's Safety Standards to each of its employees before they enter Railroad Property. Union Pacific Current Salety Requirements B. Licensee shall keep the job site on Railroad Property free from safety and health hazards and ensure that their employees are competent and adequately trained in all safety and health aspects of the work. C. Licensee represents and warrants that all parts of Licensee's Facilities within and outside of the limits of Railroad Property will not interfere whatsoever with the constant, continuous, and uninterrupted use of the tracks, property, and facilities of Licensor, and nothing shall be done or suffered to be done by Licensee at any time that would in any manner impair the safety thereof. D. Licensor's operations and work performed by Licensor's personnel may cause delays in Licensee's or its contractor's work on Licensee's Facilities. Licensee accepts this risk and agrees that Licensor shall have no liability to Licensee or any other person or entity for any such delays. Licensee must coordinate any work on Railroad Property by Licensee or any third party with Licensor's Field Representatives in strict compliance with the "NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES" Section of this Exhibit B. E. Licensor shall have the right, if it so elects, to provide any support it deems necessary for the safety of Licensor's operations and trackage during Licensee's or its contractor's construction, maintenance, repair, renewal, modification, relocation, reconstruction, or removal of Licensee's Facilities. In the event Licensor provides such support, Licensor shall invoice Licensee, and Licensee shall pay Licensor as set forth in the "LICENSEE'S PAYMENT OF EXPENSES" Section of this Exhibit B. F. Licensee may use unmanned aircraft systems ("UAS") to inspect Licensee's Facilities only upon the prior authorization from and under the direction of Licensor's Field Representatives. Licensee represents and warrants that its use of UAS on Railroad Property will comply with Licensor's then -current Unmanned Aerial Systems Policy and all applicable laws, rules and regulations, including any applicable Federal Aviation Administration regulations and enactments pertaining to UAS. Section 6. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. Fiber optic cable systems may be buried on Railroad Property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. In addition to the notifications required under the "NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES" Section of this Exhibit B, Licensee shall visit up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried anywhere on Railroad Property to be used by Licensee. If it is, Licensee shall telephone the telecommunications company(ies) involved, and arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable, all at Licensee's expense, and will not commence any work on Railroad Property until all such protection or relocation has been completed. Section 7. LICENSEE'S PAYMENT OF EXPENSES. A. Licensee shall bear the entire cost and expense of the design, construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities. B. Licensee shall fully pay for all materials joined, affixed to and labor performed on Railroad Property in connection with the construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities, and shall not permit or suffer any mechanic's or materialman's lien of any kind or nature to be enforced against the property for any work done or materials furnished thereon at the instance or request or on behalf of Licensee. Licensee shall promptly pay or discharge all taxes, charges, and assessments levied upon, in respect to, or on account of Licensee's Facilities, to prevent the same from becoming a charge or lien upon any property of Licensor, and so that the taxes, charges, and assessments levied upon or in respect to such property shall not be increased because of the location, construction, or maintenance of Licensee's Facilities or any improvement, appliance, or fixture connected therewith placed upon such property, or on account of Licensee's interest therein. Where such tax, charge, or assessment may not be separately made or assessed to Licensee but shall be included in the assessment of the property of Licensor, then Licensee shall pay to Licensor an equitable proportion of such taxes determined by the value of Licensee's property upon property of Licensor as compared with the entire value of such property. C. As set forth in the "FLAGGING" Section of this Exhibit B, Licensor shall have the right, if it so elects, to provide any Safety Measures Licensor deems necessary for the safety of Licensor's operations and trackage during Licensee's or its contractor's construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities, including, but not limited to supervision, inspection, and flagging services. In the event Licensor provides such Safety Measures, Licensor shall submit an itemized invoice to Licensee's notice recipient listed in the "NOTICES" Article of this Agreement. Licensee shall pay to Licensor the total amount listed on such invoice within thirty (30) days of Licensee's receipt of such invoice. Section 8. MODIFICATIONS TO LICENSEE'S FACILITIES. A. This grant is subject to Licensor's safe and efficient operation of its railroad, and continued use and improvement of Railroad Property (collectively, "Railroad's Use"). Accordingly, Licensee shall, at its sole cost and expense, modify, reconstruct, repair, renew, revise, relocate, or remove (individually, "Modification", or collectively, "Modifications") all or any portion of Licensee's Facilities as Licensor may designate or identify, in its sole discretion, in the furtherance of Railroad's Use. B. Upon any Modification of all or any portion of Licensee's Facilities to another location on Railroad Property, Licensor and Licensee shall execute a Supplemental Agreement to this Pipeline Agreement to document the Modification(s) to Licensee's Facilities on Railroad Property. If the Modifications result in Licensee's Facilities moving off of Railroad Property, this Agreement will terminate upon Licensee's completion of such Modification(s) and all requirements contained within the "TERMINATION; REMOVAL OF LICENSEE'S FACILITIES" Section of this Exhibit B. Any such Modification(s) off of Railroad Property will not release Licensee from any liability or other obligation of Licensee arising prior to and upon completion of any such Modifications to the Licensee's Facilities. Section 9. RESTORATION OF RAILROAD PROPERTY. In the event Licensee, in any manner moves or disturbs any property of Licensor in connection with the construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities, then, Licensee shall, as soon as possible and at Licensee's sole cost and expense, restore Licensor's property to the same condition as the same were before such property was moved or disturbed. Section 10. INDEMNITY. A. Definitions. As used in this Section: l . "Licensor" includes Licensor, its affiliates, its and their officers, directors, agents and employees, and other railroad companies using Railroad Property at or near the location of Licensee's installation and their officers, directors, agents, and employees. 2. "Licensee" includes Licensee and its agents, contractors, subcontractors, sub - subcontractors, employees, officers, and directors, or any other person or entity acting on its behalf or under its control. 3. "Loss" includes claims, suits, taxes, loss, damages (including punitive damages, statutory damages, and exemplary damages), costs, charges, assessments, judgments, settlements, liens, demands, actions, causes of action, fines, penalties, interest, and expenses of any nature, including court costs, reasonable attorneys' fees and expenses, investigation costs, and appeal expenses. B. Licensee shall release, defend, indemnify, and hold harmless Licensor from and against any and all Loss, even if groundless, fraudulent, or false, that directly or indirectly arises out of or is related to Licensee's construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, removal, presence, use, or operation of Licensee's Facilities, including, but not limited to, any actual or alleged: 1. Bodily harm or personal injury (including any emotional injury or disease) to, or the death of, any person(s), including, but not limited to, Licensee, Licensor, any telecommunications company, or the agents, contractors, subcontractors, sub - subcontractors, or employees of the foregoing; Damage to or the disturbance, loss, movement, or destruction of Railroad Property, including loss of use and diminution in value, including, but not limited to, any telecommunications system(s) or fiber optic cable(s) on or near Railroad Property, any property of Licensee or Licensor, or any property in the care, custody, or control of Licensee or Licensor; Removal of person(s) from Railroad Property; Any delays or interference with track or Railroad's Use caused by Licensee's activity(ies) on Railroad Property, including without limitation the construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities or any part thereof, any activities, labor, materials, equipment, or machinery in conjunction therewith; Right(s) or interest(s) granted pursuant to this Agreement; Contents escaping from Licensee's Facilities, including without limitation any actual or alleged pollution, contamination, breach, or environmental Loss; Licensee's breach of this Agreement or failure to comply with its provisions, including, but not limited to, any violation or breach by Licensee of any representations and warranties Licensee has made in this Agreement; and Violation by Licensee of any law, statute, ordinance, governmental administrative order, rule, or regulation, including without limitation all applicable Federal Railroad Administration regulations, C. THE FOREGOING OBLIGATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW FOR THE BENEFIT OF LICENSOR TO LOSSES CAUSED BY, ARISING FROM, RELATING TO, OR RESULTING FROM, IN WHOLE OR IN PART, THE NEGLIGENCE OF LICENSOR, AND SUCH NEGLIGENCE OF LICENSOR SHALL NOT LIMIT, DIMINISH, OR PRECLUDE LICENSEE'S OBLIGATIONS TO LICENSOR IN ANY RESPECT. NOTWITHSTANDING THE FOREGOING, SUCH OBLIGATION TO INDEMNIFY LICENSOR SHALL NOT APPLY TO THE EXTENT THE LOSS IS CAUSED BY THE SOLE, ACTIVE AND DIRECT NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT OF LICENSOR AS DETERMINED IN A FINAL JUDGMENT BY A COURT OF COMPETENT JURISDICTION. Section 11. TERMINATION; REMOVAL OF LICENSEE'S FACILITIES. A. If Licensee does not use the right herein granted on Licensee's Facilities for one (1) year, or if Licensee continues in default in the performance of any provision of this Agreement for a period of thirty (30) days after written notice from Licensor to Licensee specifying such default, Licensor may, at its sole discretion, terminate this Agreement by written notice to Licensee at the address listed in the "NOTICES" Article of this Agreement. This Agreement will not terminate until Licensee complies with Paragraphs "C" and "D" of this Section found below. B. In addition to the provisions of Paragraph "A" above, this Agreement may be terminated by written notice given by either party, without cause, upon thirty (30) days written notice to the non - terminating party at the address listed in the "NOTICES" Article of this Agreement. This Agreement will not terminate until Licensee complies with Paragraphs "C" and "D" of this Section found below. C. Prior to the effective date of any termination described in this Section, Licensee shall submit an application to Licensor's online Utility Contracts System at this link for Licensee's removal, or if applicable, abandonment in place of Licensee's Facilities located on Railroad Property ("Removal/Abandonment Work"). Upon the UP Engineering Representative's approval of Licensee's application for the Removal/Abandonment Work, Licensor and Licensee shall execute a separate consent document that will govern Licensee's performance of the Removal/Abandonment Work from those portions of Railroad Property not occupied by roadbed and/or trackage ("Consent Document"). Licensee shall then restore the impacted Railroad Property to the same or reasonably similar condition as it was prior to Licensee's installation of Licensee's Facilities. For purposes of this Section, Licensee's (i) performance of the Removal/Abandonment Work, and (ii) restoration work will hereinafter be collectively referred to as the "Restoration Work". D. Following Licensee's completion of the Restoration Work, Licensee shall provide a written certification letter to Licensor at the address listed in the "NOTICES" Article of this Agreement which certifies that the Restoration Work has been completed in accordance with the Consent Document. Licensee shall report to governmental authorities, as required by law, and notify Licensor immediately if any environmental contamination is discovered during Licensee's performance of the Restoration Work. Upon discovery, the Licensee shall initiate any and all removal, remedial and restoration actions that are necessary to restore the property to its original, uncontaminated condition. Licensee shall provide written certification to Licensor at the address listed in the "NOTICES" Article of this Agreement that environmental contamination has been remediated and the property has been restored in accordance with Licensor's requirements. Upon Licensor's receipt of Licensee's restoration completion certifications, this Agreement will terminate. E. In the event that Licensee fails to complete any of the Restoration Work, Licensor may, but is not obligated, to perform the Restoration Work. Any such work actually performed by Licensor will be at the cost and expense of Licensee. In the event that Licensor performs any of the Restoration Work, Licensee shall release Licensor from any and all Loss (defined in the "INDEMNITY" Section of this Exhibit B) arising out of or related to Licensor's performance of the Restoration Work. F. Termination of this Agreement for any reason will not affect any of rights or obligations of the parties which may have accrued, or liabilities or Loss (defined in the "INDEMNITY" Section of this Exhibit B), accrued or otherwise, which may have arisen prior to such termination. EXHIBIT C INSURANCE REQUIREMENTS In accordance with Article 5 of this Agreement, Licensee shall (1) procure and maintain at its sole cost and expense, or (2) require its Contractor(s) to procure and maintain, at their sole cost and expense, the following insurance coverage: A. Commercial General Liability Insurance. Commercial general liability (CGL) with a limit of not less than $2,000,000 each occurrence and an aggregate limit of not less than $4,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage). The policy must also contain the following endorsement, WHICH MUST BE STATED ON THE CERTIFICATE OF INSURANCE: i Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" as the Designated Job Site. B. Business Automobile Covera a Insurance. Business auto coverage written on ISO form CA 00 01 10 01 (or a substitute form providing equivalent liability coverage) with a limit of not less $2,000,000 for each accident, and coverage must include liability arising out of any auto (including owned, hired, and non -owned autos). The policy must contain the following endorsements, WHICH MUST BE STATED ON THE CERTIFICATE OF INSURANCE: • "Coverage For Certain Operations In Connection With Railroads" ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" as the Designated Job Site. C. Workers' Compensation and Employers' Liability Insurance. Coverage must include but not be limited to: Licensee's statutory liability under the workers' compensation laws of the state(s) affected by this Agreement. • Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee. If Licensee is self -insured, evidence of state approval and excess workers' compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable. D. Environmental Liability Insurance. Environmental Legal Liability Insurance (ELL) applicable to bodily injury, property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed, cleanup costs, and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims, or compliance with statute, all in connection with any loss arising from the insured's performance under this Agreement. Except with respect to the limits of insurance, and any rights or duties specifically assigned to the first named insured, this insurance must apply as if each named insured were the only named insured; and separately to the additional insured against which claim is made or suit is brought. Coverage shall be maintained in an amount of at least $2,000,000 per loss, with an annual aggregate of at least $4,000,000. Licensee warrants that any retroactive date applicable to ELL insurance coverage under the policy is the same as or precedes the Effective Date of this Agreement, and that continuous coverage will be maintained for a period of five (5) years beginning from the time the work under this Agreement is completed or if coverage is cancelled for any reason the policies extended discovery period, if any, will be exercised for the maximum time allowed. E. Railroad Protective Liability Insurance. Licensee must maintain for the duration of work "Railroad Protective Liability" insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Licensor only as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of $6,000,000. The definition of "JOB LOCATION" and "WORK" on the declaration page of the policy shall refer to this Agreement and shall describe all WORK or OPERATIONS performed under this Agreement. Notwithstanding the foregoing, Licensee does not need Railroad Protective Liability Insurance after its initial construction work is complete and all excess materials have been removed from Licensor's property; PROVIDED, however, that Licensee shall procure such coverage for any subsequent maintenance, repair, renewal, modification, reconstruction, or removal work on Licensee's Facilities. F. Umbrella or Excess Insurance. If Licensee utilizes umbrella or excess policies, and these policies must "follow form" and afford no less coverage than the primary policy. Other Requirements G. All policy(ies) required above (except business automobile, workers' compensation and employers' liability) must include Licensor as "Additional Insured" using ISO Additional Insured Endorsement CG 20 26 (or substitute form(s) providing equivalent coverage). The coverage provided to Licensor as additional insured shall not be limited by Licensee's liability under the indemnity provisions of this Agreement. BOTH LICENSOR AND LICENSEE EXPECT THAT LICENSOR WILL BE PROVIDED WITH THE BROADEST POSSIBLE COVERAGE AVAILABLE BY OPERATION OF LAW UNDER ISO ADDITIONAL INSURED FORM CG 20 26. H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this Agreement, or (b) all punitive damages are prohibited by all states in which this Agreement will be performed. I. Licensee waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Licensor and its agents, officers, directors and employees for damages covered by the workers' compensation and employers' liability or commercial umbrella or excess liability obtained by Licensee required in this Agreement, where permitted by law. This waiver must be stated on the certificate of insurance. J. All insurance policies must be written by a reputable insurance company acceptable to Licensor or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the work is to be performed. K. The fact that insurance is obtained by Licensee will not be deemed to release or diminish the liability of Licensee, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Licensor from Licensee or any third party will not be limited by the amount of the required insurance coverage. Attachment D CITY OF FRESNO MASTER FEE SCHEDULE p� �RUTILITIES DEPARTMENT COMMUNITY SANITATION Fee Description & Unit/Time Current Amnd Illegal Pile - trash and debris 464 Total labor and equip first hour minimum 172.63 Total labor and equip each additional 15 minutes after the first hour 41.98 Refrigerator Disposal 8.00 CONNECTION CHARGES - SEWER FMC 6-304 and 6-305 Fee Description & Unit/Time Current Amnd Deferment of Payment FMC 6-305 (c) applicable to existing 407 single-family residences anywhere in the City's service area [and commercial or industrial development in the Enterprise Zone]: Application Interest on unpaid balance / per annum, maximum 15-year term 15.00 [' 2% above the City's pooled cash rate or maximum amount [Variable'] authorized by law, whichever is less as determined pursuant to FMC Section 6-305 (c)(1) House Branch Sewer Charge House Branch Connection / Contract cost plus 100% Inspection/administration / Contract cost 10.00 +10% Interest charge (5 year limit) / Total 7% Lateral Sewer Charge Maximum lot depth 100 feet / per square foot 0.10 Major Facilities Sewer Charge Unit -0- Oversize Charge' Maximum lot depth 100 feet / per square foot 0.05 For parcels in the UGM area, oversize charges are deposited into separate UGM oversize charge service area accounts. Copper Avenue Sewer Lift Station Benefit Service Area Fee 410 per Equivalent Dwelling Unit (EDU) 650.00 All fees effective 07/01/2022 unless otherwise noted MFS Amendment #565 (January 2022) [6/29/20229:24 PM] Page 145 CITY OF FRESNO MASTER FEE SCHEDULE PUBLIC UTILITIES DEPARTMENT FACILITY CHARGES - SEWER JFIVIC 6-304 and 6-305 Fee Description & UnjUTime Current Amnd Trunk Sewer Charge (Residential Users) Trunk sewer service area maps are maintained by the Director of the Public Works Department. Fee not applicable for development existing as of 10/01/92 in the Fowler Service Area per map (attached as Exhibit A). Cornelia Service Area / Living unit 419.00 Fowler Service Area / Living unit 344.00 Grantland Service Area / Living unit 419.00 Herndon Service Area / Living unit 496.00 UGM Trunk Sewer Fee See Development Dept - UGM Fees Wastewater Facilities Sewer Charge (Residential Users) - for maps vested between October 25, 1992, through 1,910.00 December 30, 1995 (Phase 1 a) / per unit or LUE - for maps vested after December 30, 1995 2,119.00 (Phase 1 b) / per unit or LUE (Reso 95-278, adopted 10/31/95) Wastewater Facilities Sewer Charge (Commercial & Industrial Users) Formula: Sewer Flow charge = (W " Sewer flow rate) BOD charge = (W = 1,000,000) * X * BOD rate) TSS charge = (W _ 1,000,000) * Y' TSS rate) W = Sewer Flow in gallons/day X = BOD concentration in mg/L " 8.345 Y = TSS concentration in mg/L ` 8.345 Sewer Flow rate / gallon per day 3.40 BOD rate / per pound 760.88 TSS rate / per pound 626.35 Trunk Sewer Charge (Commercial and Industrial Users) Fowler Service Area / gallon per day 1.012 539 Grantland/Cornelia Service Area / gallon per day 1.233 539 Herndon Service Area / gallon per day 1.460 All fees effective 07/01/2022 unless otherwise noted MFS Amendment #565 (January 2022) [6/29/20229:24 PM] Page 146 CITY OF FRESNO MASTER FEE SCHEDULE -PUBLIC LLTIESMEPARTMENTIR SEWER REIMBURSEMENTS/CREDITS - SEWER MAINS (FMC 6-306 Fee Description & Unit/Time Sewer oversize credit for private installation when required to be constructed to a size larger than 8 inches (per linear foot): 10-inch diameter 12-inch diameter 15-inch diameter 18-inch diameter 21-inch diameter 24-inch diameter 27-inch diameter UGM area, except as provided in FMC 6-306 - maximum Extra depth credit for oversize sewer installations (per linear foot): Depth over 8 to 12 feet Depth over 12 to 16 feet Depth over 16 to 20 feet Depth over 20 feet All fees effective 07/01/2022 unless otherwise noted MFS Amendment #565 (January 2022) [6/29/20229:24 PM] Current 2.50 4.50 8.00 13.00 19.00 26.00 31.00 17, 000.00 1.00 4.00 9.00 15.00 1A Amnd Page147 CITY OF FRESNO MASTER FEE SCHEDULE PUBLIC UTILITIES QEPARTMEN� SOLID WASTE RATES" Fee Description & Unit/Time Current Amnd Commercial Service Franchised Effective 12/05/2011 510 Commercial Recycling & Green Waste Service Franchised Effective 12/05/2011 510 Roll Off Service Franchised Effective 10/31/2011 510 Multi -Family Service Franchised Effective 12/05/11 510 Commercial/Multi-Family Recycling Service Franchised Effective 12/05/11 510 SOLID WASTE, NON-BIN/COLLECTION SERVICES" 483 Single-family Residential Basic service / per month One 96-gallon container one day per week 25.37 Additional automated containers (12-month minimum) after first 96-gallon container: 64-gallon container / per month 7.43 96-gallon container / per month 10.25 96-gallon green waste container / per month 3.87 96-gallon recycling container / per month 3.74 Alternative service / per month One 64-gallon container one day per week 19.20 Senior Citizen (62 years or older) meeting all the conditions listed 483 below / per month: 1 Service must be in name of senior citizen; 2 Occupants of residence must be senior citizen or dependants of senior citizen; 3 Benefitting senior citizen must meet California Public Utilities Commission poverty level guidelines; 4 Benefitting senior citizen must notify the City when they no longer qualify. Basic service / per month One 96-gallon container one day per week 21.81 One 64-gallon container one day per week 16.51 Container Exchange 35.28 554 Container Exchange for New 64 gallon container 72.49 565 Container Exchange for New 96 gallon container 82.71 565 " Fee changes effective 09/01 /09 Rates shall be adjusted annually by staff during the budget process to reflect the rates in effect as per Reso. No. 2007-79 All fees effective 07/01/2022 unless otherwise noted MFS Amendment #565 (January 2022) [6/29/20229:24 PM] Page 148 CITY OF FRESNO MASTER FEE SCHEDULE SOLID WASTE RATES" Fee Description & UnitlTime Current Amnd Solid Waste, Special Haul 554 30 minute minimum 68.65 Each additional 15 minutes or fraction over 30 minutes 16.00 Illegal Dumping Cleanup 1 hour minimum 377.11 561 Each additional 15 minutes 19.74 Foreman's Charge 44.02 554 Skip Fee 528 1 st two incidents each fiscal year No Charge 3rd incident and each incident thereafter in a fiscal year 16.27 554 Special Event Truck Rental Per Hour (2 hour minimum) 77.53 554 MULTI -FAMILY RESIDENTIAL, NON-BIN/COLLECTION SERVICES* ** 483 Basic service shall be 0.3 cubic yard in 45-, 64-, or 96-gallon containers 64-gallon container, one day a week / per month 19.20 96-gallon container, one day a week / per month 25.37 ***This equates to one-half of the 96-gallon container rate Additional automated containers (12-month minimum) after first 483 96-gallon container 96-gallon green waste container / per month 3.87 96-gallon recycling container / per month 3.74 Private Collection Collection Route Permit Year 325.00 Month 28.00 Service Location Permit Location per year 17.00 When service cannot be adequately provided by City: Construction and Demolition Private Collection Material Diversion Fee 17.70 Roll -off Franchise Application Fee 560.00 502 Code Violation Appeal Fee Single Family Residential up to two units 35.00 Multi -Residential with three or more units 55.00 Commercial Apartment Complex and Commercial Business 75.00 * Fee changes effective 04/01/07 "* Rates shall be adjusted annually by staff during the budget process to reflect the rates in effect as per Reso. No. 2007-79 All fees effective 07/01/2022 unless otherwise noted MFS Amendment #565 (January 2022) [6/29/20229:24 PM] Page 149 CITY OF FRESNO MASTER FEE SCHEDULE PUBLIC UTILITIESDEPARTME.N. SOLID WASTE RATES" Pee Description & Unit[Time Current Container in View, Code Citation Penalties 1 st Violation Notice of Violation 2nd Violation Notice of Violation 3rd Violation or thereafter (penalty to be determined 50.00-200.00, maximum by department director within specified range) 1,500 per period July 1 - June 30 Improper Use of Container, Code Citation Penalties 1 st Violation Notice of Violation 2nd Violation Notice of Violation 3rd Violation or thereafter (penalty to be determined 50.00-200.00, maximum by department director within specified range) 1,500 per period July 1 - June 30 Unauthorized Removal of Segregated Recyclable Material Penalties 1st Violation, Minimum 100.00 2nd Violation within one year, Minimum 200.00 3rd Violation or thereafter within one year, Minimum 500.00 Community Sanitation Services Only Residential - Customer per month 6.23 Commercial - Service location per month 6.23 * Fee changes effective 04/01/07 Rates shall be adjusted annually by staff during the budget process to reflect the rates in effect as per Reso. No. 2007-79 All fees effective 07/01/2022 unless otherwise noted MFS Amendment #565 (January 2022) [6/29/20229:24 PM] Amnd 435 435 435 In -Lieu Page150 CITY OF FRESNO MASTER FEE SCHEDULE PUBLIC UTILl7I� .CiEP,;ARTJVIEI�LT WASTEWATER RATES" Each Wastewater rate below consists of two components, Capital and Operation and Maintenance (O&M). This breakdown is listed below each rate for your infonnation. Fee Description & Unit/Time " Current Sewer Service Charges, Industrial Users (as defined in Section 6-302 of the FMC) High Industrial: Sewage effluent volume of 25,000 gallons in a single day, or Biochemical Oxygen Demand (BOD) greater than 265 mg/liter (mg/1), or Total Suspended Solids (TSS) greater than 300 (mg/1). Total fee amount is based on three components: Flow (in hundred cubic feet (HCF) or gallons), pounds of BOD, and pounds of TSS. Potable water, metered Per HCF' 0.507 Capital 0.173 O&M 0.334 =+ BOD / pound 0.261 Capital 0.089 O&M 0.172 =+ TSS / pound 0.296 Capital 0.101 O&M 0.195 or Per 1,000 gallons2 0.678 Capital 0.231 O&M 0.447 =+BOD / pound 0.261 Capital 0.089 O&M 0.172 =+ TSS / pound 0.296 Capital 0.101 O&M 0.195 'There are 748 gallons in a hundred cubic feet. 2Rates per 1,000 gallons are approximate as they have been rounded to the 3rd decimal place. * Rates are effective 9/1/10 ** Rates shall be adjusted annually by staff during the budget process to reflect the rates in effect as per Reso. No. 2007-79 Amnd All fees effective 07/01/2022 unless otherwise noted MFS Amendment #565 (January 2022) [6/29/20229:24 PM] Page 151 CITY OF FRESNO MASTER FEE SCHEDULE PUBLIC UTILITIES DEPARTMEPI WASTEWATER RATES" Fee Description & UnWTime ' Current High Industrial (continued) Sewage effluent, metered Per HCF' 0.559 Capital 0.191 O&M 0.368 =+ BOD / pound 0.261 Capital 0.089 O&M 0.172 =+ TSS / pound 0.296 Capital 0.101 O&M 0.195 or Per 1,000 gallons` 0.749 Capital 0.256 O&M 0.493 =+ BOD / pound 0.261 Capital 0.089 O&M 0.172 =+ TSS / pound 0.296 Capital 0.101 O&M 0.195 Pounds of BOD or TSS can be calculated using the following formulas: Pounds BOD = (W _ 1,000,000) * 8.345 * BOD concentration in mg17 Pounds TSS = (W = 1, 000, 000) * 8.345 * TSS concentration in mgA Note: BOD concentration can be based on the actual or estimated value W=sewer or water flow in gallons/day Low Industrial: Potable water, metered HCF' 1.077 Capital 0.368 O&M 0.709 1,000 Gallons` 1.44 Capital 0.492 O&M 0.948 Sewage effluent, metered HCF' 1.185 Capital 0.405 O&M 0.780 1,000 Gallons` 1.583 Capital 0.541 O&M 1.042 There are 748 gallons in a hundred cubic feet. Rates per 1,000 gallons are approximate as they have been rounded to the 3rd decimal place. * Rates are effective 9/1/10 ** Rates shall be adjusted annually by staff during the budget process to reflect the rates in effect as per Reso. No. 2007-79 Amnd All fees effective 07/01/2022 unless otherwise noted MFS Amendment #665 (January 2022) [6/29/20229:24 PM] Page 152 CITY OF FRESNO MASTER FEE SCHEDULE .PUBLIC UTILITIES DEPARTMENT WASTEWATER RATES" Fee Description & Unit/TimeCurrent Amnd Minimum Charge Month 25.75 Capital 8.80 O&M 16.95 Sewer Service Charges, Commercial Users - classification determined by concentration (mg/1) of Biochemical Oxygen Demand (BOD) or Total Suspended Solids (TSS) present in flow. High: BOD or TSS greater than or equal to 501 mg. Portable water, metered HCF' 3.514 Capital 1.201 O&M 2.313 1,000 Gallons2 4.698 Capital 1.605 O&M 3.093 or Sewage effluent, metered HCF' 3.864 Capital 1.320 O&M 2.544 1,000 Gallons2 5.167 Capital 1.766 O&M 3.401 Minimum Charge Month 25.75 Capital 8.80 O&M 16.95 Medium: BOD or TSS without a range of 201-500 mg/I Potable water, metered HCF' 1.792 Capital 0.612 O&M 1.180 1,000 Gallons2 2.398 Capital 0.819 O&M 1.579 There are 748 gallons in a hundred cubic feet. 2 Rates per 1,000 gallons are approximate as they have been rounded to the 3rd decimal place. Rates are effective 9/1/10 " Rates shall be adjusted annually by staff during the budget process to reflect the rates in effect as per Reso. No. 2007-79 All fees effective 07/01/2022 unless otherwise noted MFS Amendment #565 (January 2022) [6/29/20229:24 PM] Page 153 CITY OF FRESNO MASTER FEE SCHEDULE WASTEWATER RATES" Fee Descril2tion$_Unitrrime= Current Amnd Sewage effluent, metered HCF' 1.973 Capital 0.674 O&M 1.299 1,000 GallonsZ 2.637 Capital 0.901 O&M 1.736 Minimum charge Month 25.75 Capital 8.80 O&M 16.95 Low: BOD or TSS within the range of 0-200 mg/I Potable water, metered HCF' 1.077 Capital 0.368 O&M 0.709 1,000 GallonsZ 1.440 Capital 0.492 O&M 0.948 or Sewage effluent, metered HCF' 1.184 Capital 0.405 O&M 0.779 1,000 GallonsZ 1.583 Capital 0.541 O&M 1.042 Minimum Charge Month 25.75 Capital 8.80 O&M 16.95 Sewer Service Charges, Residential Users Single Family: Unit per month 25.75 Capital 8.80 O&M 16.95 There are 748 gallons in a hundred cubic feet. Z Rates per 1,000 gallons are approximate as they have been rounded to the 3rd decimal place. " Rates effective 9/1/10 Rates shall be adjusted annually by staff during the budget process to reflect the rates in effect as per Reso. No. 2007-79 All fees effective 07/01/2022 unless otherwise noted MFS Amendment #565 (January 2022) [6/29/20229:24 PM] Page 154 CITY OF FRESNO MASTER FEE SCHEDULE L. PU6LIC UTILITIES DEPARTMENT WASTEWATER RATES** Fee_ Description & UnlUTime * Current Senior Citizen (62 years or older) meeting all the conditions listed 23.16 below / per month: 1. Single-family residents only; 2. Service must be in name of senior citizen; 3. Occupants of residence must be senior citizen or dependants of senior citizen (not to exceed 4. Benefitting senior citizen must notify the City when they no longer qualify. Multi -family First unit / per month 25.75 Capital 8.80 O&M 16.95 Each Additional unit / per month 17.29 Capital 5.91 O&M 11.38 Sewer Service Charges, Schools (on the basis of average daily attendance): Kindergarten/elementary Student/Year 15.957 Capital 5.453 O&M 10.504 Middle Student/Year 24.762 Capital 8.462 O&M 16.300 Senior high Student/Year 29.866 Capital 10.206 O&M 19.660 Parochial Student/Year 8.632 Capital 2.950 O&M 5.682 College Student/Year 10.646 Capital 3.638 O&M 7.008 * Rates are effective 9/1/10 ** Rates shall be adjusted annually by staff during the budget process to reflect the rates in effect as per Res. No. 2007-79 J Amnd All fees effective 07/01/2022 unless otherwise noted MFS Amendment #565 (January 2022) [6/29/20229:24 PM] Page 155 CITY OF FRESNO MASTER FEE SCHEDULE PUBLIC UTILITIES DEPARTMENT WASTEWATER RATES** Fee Description & Unit[Time Current Amnd Hauled Waste Disposal 561 Septage and Non Domestic Waste 1,000 gallons` 69.812 Capital 13.496 O&M 56.316 High Strength Non Domestic Waste - per gallon 0.03 561 Hauled Waste disposal station badge: 464 Replacement / per badge 25.00 Pretreatment Surcharges (monthly charges) Category I - Individual permit* 27.54 Category II - General permit** 4.05 Category III - No permit required*** 1.29 Category IV - All residential users 0.06 * All industrial high -strength and categorically regulated users. ** All commercial establishments which may require pretreatment and monitoring activity (automotive repair, bakeries --retail, car washes, hotels/motels with dining facilities, laundromats, markets with garbage disposals, mortuaries, nursing homes, printers, restaurants, shopping centers). ***No discharge of process water (automotive --retail, business/services). Special Charges and Penalties 435 Television Inspection/Sewer CCTV Inspection per hour (one hour minimum) 182.73 539 CCTV Standby 15- minute period 45.68 539 CCTV Inspection lateral tie-in (sewer mains less than 15" 116.88 539 in diameter) per hour (one hour minimum) Inspection cleaning for minor debris per hour (30 minutes minimum) 179.45 539 Video Inspection Sit -In per hour (one hour minimum) 114.63 539 Review Outside Contractor CCTV Inspection / per hour 143.25 561 Sewer Access Structure Channel Inspection / per hour 114.67 561 Disconnection or reconnection inspection fee / per inspection 12.50 Discharge flow dye test / per -hour 129.23 539 Combo Truck rate / per hour 204.40 539 After -Hours Service Call (Single Responder) / per hour 95.34 561 1 There are 748 gallons in a hundred cubic feet. 2 Rates per 1,000 gallons are approximate as they have been rounded to the 3rd decimal place. ** Rates shall be adjusted annually by staff during the budget process to reflect the rates in effect as per Res. No. 2007-79 All fees effective 07/01/2022 unless otherwise noted MFS Amendment #565 (January 2022) [6/29/20229:24 PM] Page 156 CITY OF FRESNO MASTER FEE SCHEDULE WASTEWATER RATES*' Fee Description & Unit[Time ` Current Amnd Pretreatment Administrative Penalties 464 Notice of Non-compliance 250.00 480 Warning Notice 250.00 Notice of Violation 500.00 Consent Order 750.00 Compliance Order 1,000.00 Show Cause Order 1,000.00 Administrative cost recovery charges for failure to meet 464 reporting deadlines: First day late 89.89 561 Each additional day late 44.95 Composite Sampler Rental / per day 75.00 Pretreatment enforcement charges/per hour 89.89 Miscellaneous non -enforcement charges/per hour 89.89 Laboratory Services 554 General Wet Chemistry / Bacteriological Analyses per hour 90.79 Organic Analysis / per hour 89.10 Inorganic Analysis / per hour 72.05 All fees effective 07/01/2022 unless otherwise noted MFS Amendment #565 (January 2022) [6/29/20229:24 PM] Page 157 CITY OF FRESNO MASTER FEE SCHEDULE PUBLIC UTILITIES DEPARTM WATER RATES" Fee Description & Unit(Time * Water, Metered Service Rate total charge shall be monthly meter service charge plus quantity charge based on usage. Water Meter Service Charge, (meter size per month): Domestic 3/4-inch or smaller 1-inch 1-1/2-inch 2-inch 3-inch 4-inch 6-inch 8-inch 10-inch 12-inch Irrigation*** 3/4-inch or smaller 1-inch 1-1/2-inch 2-inch 3-inch 4-inch 6-inch 8-inch 10-inch 12-inch Water Quantity Charge: All Customer Classes Each 100 Cubic Feet (HCF) 1,000 gallons Water Affordability Credit for Income - Qualified Single Family Residential Accounts Only, $/Month * Rates effective 7/1 /16 ** Rates shall be adjusted annually by staff to reflect the rates in effect as per Res. No. 2015-36 ***These charges were previously charged at the Domestic service rate. Current 13.50 17.90 20.80 35.30 52.80 79.00 152.00 705.00 1,113.00 1,462.00 10.70 13.40 15.20 24.10 34.90 51.00 96.00 436.00 687.00 901.00 1.74 2.33 Up to $5.00 Amnd 522 522 All fees effective 07/01/2022 unless otherwise noted MFS Amendment #565 (January 2022) [6/29/20229:24 PM] Page 158 CITY OF FRESNO MASTER FEE SCHEDULE PUBLIC UTILITIES DEPARTMENT.d WATER RATES" Fee Description &. UnitMme *** Curren Water Quantity Charge (continued): Wells, private (used for irrigation or commercial purposes when required to be metered) Each HCF 0.218 1,000 gallons 0.290 Water drawn from a fire hydrant / Minimum per month 29.97 Backflow Prevention, Program Fee Per assembly/per month 2.00 Private Fire Protection Charges, $/Month Private Hydrants 45.60 Fire Service Connections'" 1-inch 15.70 1-1/2-inch 15.70 2-inch 15.70 2-1/2 and 3-inch 15.70 4-inch 15.70 6-inch 45.60 8-inch 98.00 10-inch 175.00 12-inch 283.00 Irrigation of City -Owned Property, Not Metered 100 square feet 0.24 Penalties Fire hydrant, unauthorized use / first violation 500.00 Each violation after first violation 1,000.00 Rates shall be adjusted annually by staff to reflect the rates in effect as per Res. No. 2015-36 Rates effective 7/1/16 These charges were previously a part of the Fire Protection Automatic Sprinkler Service charges. All fees effective 07/01/2022 unless otherwise noted MFS Amendment #565 (January 2022) [6/29/20229:24 PM] Amnd 540 522 464 Page159 CITY OF FRESNO MASTER FEE SCHEDULE WATER RATES"' Fee Description & Unit[Time Current Amnd Penalties (continued) Fire hydrant damage repair fee Excavation not required 669.00 561 Excavation required 100% 500 Delinquent notice Sewer connection, deferred payment plan, 60 days delinquent Returning travel meter after permit expiration date per day Conditions of service work (related to Water Conservation, FMC 6-520(e)* First Month with Incident Second Month with Incident Third Third Month with Incident Fourth Month with Incident Fifth through Twelfth Month with Incident Illegal connection / per violation (See Service Work for disconnection, damage, and reinstallation of service after first incident.) Delinquent Payment Utility billings / per billing for water, sewer, sanitation, and/or solid waste service if unpaid balance > $10.00 Notification to discontinue services for non-payment of utility charges: Customers / per notification Customers with tenants / per tenant notified at a single billing address Minimum Research project fees / per hour Discontinuance of service for non-payment and restoration of service after payment Per Discontinuance / Restoration 2.00 + accumulated interest & principal installment 10.00 Notice of Water Waste Issued 25.00 50.00 100.00 100.00 45.00 2% 8.00 2.00 8.00 45.00 15.00 NOTE: The above fees are administered by the Utilities, Billing, and Collection Section of the Department of Public Utilities. *Fines shall not be imposed upon incidents of water waste recorded by the City's water meter reading system until the passage of a Council resolution authorizing such fines All fees effective 07/01/2022 unless otherwise noted MFS Amendment #565 (January 2022) [6/29/20229:24 PM] 549 499 Page160 CITY OF FRESNO MASTER FEE SCHEDULE IC UTILITIES DEPARTMENT.. WATER RATES" Fee Description & UnitfTime Curren Service Work (related to remedy of illegal water connection) Blind washer installation / per service 129.00 Blind washer removal / per service 129.00 Service Disconnection / per service 301.00 Service Restoration / per service 1,028.00 Padlock on curb stop / per installation 10.00 Intentional Damage to Meter/Meter Box/Angle Meter Stop/Curb Stop/ Automatic Meter Reading Equipment (Cost & Overhead) 100% After-hours turn on service work: Water, Discontinuance & Restoration of service (except 238.00 emergency) per call Water, Temporary Service* Single Family Residential (metered) Fire hydrant permit Fire hydrant wrench deposit 3-inch Fire Hydrant Meter Deposit Testing and Cleaning Fee See Water Metered Service Rates 27.00 125.00 1,282.00 131.00 Amnd 561 525 561 561 487 561 Deposits required shall be refunded upon the return of all equipment. Deductions shall be made for water service charges due and the cost of repair or replacement of damaged equipment. Any additional replacement costs will be billed to the customer. See Water Metered Service Rate section for the quantity and water meter service charges (3-inch Domestic Service). * This fee to sunset as of January 1, 2013 for customers on a metered rate ** Rates shall be adjusted annually by staff to reflect the rates in effect as per Res. No. 2015-36 All fees effective 07/01/2022 unless otherwise noted MFS Amendment #565 (January 2022) [6/29/20229:24 PM] Page 161 CITY OF FRESNO MASTER FEE SCHEDULE UBLIC UTILITIES DEP'A► TMEN WATER RATES" Fee Description & Unit/Time Current Amnd Well Drilling Permit and Inspection 561 Water Supply Well Permit / each 293.00 Water Supply Well Inspection / each 359.00 Monitoring Well Permit / each 293.00 Monitoring Well Inspection / each 342.00 Well Destruction & Abandonment 561 (Water Supply/Monitoring Wells / each) Well Abandonment Permit 293.00 Well Abandonment Inspection 207.00 Well Destruction Permit 293.00 Well Destruction Inspection 342.00 Underground Utility Remark Fee (per call back) 166.00 561 Sale of Surplus Dirt 456 City load / per yard of dirt 5.00 Customer pick-up / per yard of dirt 1.20 WATER CONNECTION CHARGES FMC 6-507 Fee Description & UnitFrime Current Amnd Deferment of Payment applicable to existing See FMC Sctn 6-305 (c) single-family residences Same basis and fees as sewer connection charges. Frontage Charge Front foot or fraction 6.50 Installation Charges 464 Meter & Service Installation (when installed together) 1-inch 2,241.00 1-1/2-inch 2,508.00 2-inch 2,671.00 Minimum residential service connections: 489 Lots less than 20,000 square feet (1-inch) Lots 20,000 square feet or greater (1-1/2-inch) Meter Installation (when installed on existing services) 415 1-inch 330.00 1-1/2-inch 455.00 2-inch 530.00 Larger than 2-inch (FMC 6-507(a)(3) Cost plus overhead 100% All fees effective 07/01/2022 unless otherwise noted MFS Amendment #565 (January 2022) [6/29/20229:24 PM] Page 162 CITY OF FRESNO MASTER FEE SCHEDULE U LIC UTILITIES DEPARTMENT LMMMMJ WATER_ CONNECTION CHARGES (FMC 6-5071 Fee Description & Unitrrime Current Amnd Installation Charges (continued): Service Installation (without meter) 464 Service to house (between property line and house) can be reduced based upon setback, fixtures, etc., as provided in the UPC and UBC. (includes tap, service line, corp stop, curb stop and fittings) 1-inch 2,178.00 1-1/2-inch 2,363.00 2-inch 2,486.00 Larger than 2-inch (FMC 6-507(a)(3) Cost plus overhead 100% Water Capacity Fee" 530** Meter Size* Up to 3/4 3,551.00 1.1 5,684.00 1-1 /2" 7,106.00 2" 14,206.00 3" 22,732.00 4" 35,518.00 6" 71,036.00 8" 340,967.00 *Fees for meters larger than 8-inches will be determined at the time the development is proposed to recover the cost of facilities required to meet the water demand for the meter size. ^Adjusted July 1 annually, beginning July1, 2018, based on the 20-City Construction Cost Index as reported in the Engineering New Record for the 12-month period ending in May of the year of the adjustment. **530th Master Fee Schedule Amendment effective upon effective date of the Water Capacity Charge All fees effective 07/01/2022 unless otherwise noted MFS Amendment #565 (January 2022) [6/29/20229:24 PM] Page 163 CITY OF FRESNO MASTER FEE SCHEDULE PU DEPARTMENT WATER CONNECTION CHARGES FMC 6-516 Fee Description & UnittTime Transmission Grid Reimbursement^ Transmission Grid Main (TGM) credit/reimbursement for private installation when required to be constructed to transmission grid size (per lineear foot): 12-inch diameter 14-inch diameter 16-inch diameter 24-inch diameter Maximum Trench surfacing credit for TGM installations )per linear foot): In existing asphalt concrete streets In existing non -asphalt concrete streets Current See FMC 6-516 10.00 14.50 31.00 41.00 10,000.00 10,000 or construction costs, whichever is less 6.00 or construction cost, whichever is less Amnd 530** **530th Master Fee Schedule Amendment effective upon effective date of the Water Capactiy Charge Ordinance. All fees effective 07/01/2022 unless otherwise noted MFS Amendment #566 (January 2022) [6/29/20229:24 PM] Page164 Attachment E Attachment E INSURANCE REQUIREMENTS (a) Prior to the start of construction, and for five years following the completion of the Water Main as detailed in this agreement, SCCCD or the contractor they hire shall pay for and maintain in full force and effect all insurance as required herein with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than "A-VII" in the Best's Insurance Rating Guide, or (ii) as may be authorized in writing by CITY'S Risk Manager or his/her designee at any time and in his/her sole discretion. The required policies of insurance as stated herein shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to CITY and Union Pacific Railroad Company and each of their officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured. (b) If at any time during the life of the Agreement or any extension, SCCCD or any of its contractors fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to SCCCD or the Contractor they hire shall be withheld until notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this Agreement. No action taken by CITY pursuant to this section shall in any way relieve SCCCD of its responsibilities under this Agreement. The phrase "fail to maintain any required insurance" shall include, without limitation, notification received by CITY that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by SCCCD or the Contractor they hire shall not be deemed to release or diminish the liability of SCCCD or the Contractor they hire, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify CITY and Union Pacific Railroad shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by SCCCD or the Contractor they hire. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of CONTRACTOR, vendors, suppliers, invitees, contractors, sub -contractors, subcontractors, or anyone employed directly or indirectly by any of them. Coverage shall be at least as broad as: 1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for "bodily injury," "property damage" and "personal and advertising injury" with coverage for premises and operations (including the use of owned and non -owned equipment), products and completed operations, and contractual liability 13 (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under "Minimum Limits of Insurance." 2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non - owned automobiles or other licensed vehicles (Code 1- Any Auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. MINIMUM LIMITS OF INSURANCE SCCCD or the Contractor they hire shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance with limits of liability not less than those set forth below. However, insurance limits available to CITY and Union Pacific Railroad Company and each of their officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured: COMMERCIAL GENERAL LIABILITY (i) $2,000,000 per occurrence for bodily injury and property damage; (ii) $2,000,000 per occurrence for personal and advertising injury; (iii) $4,000,000 aggregate for products and completed operations; and, (iv) $4,000,000 general aggregate applying separately to the work performed under the Agreement. * The policy must also contain the following endorsement, WHICH MUST BE STATED ON THE CERTIFICATE OF INSURANCE- - Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" as the Designated Job Site. 2. COMMERCIAL AUTOMOBILE LIABILITY $2,000,000 per accident for bodily injury and property damage. * "Coverage For Certain Operations In Connection With Railroads" ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" as the Designated Job Site. 3. Workers' Compensation Insurance as required by the State of California with statutory limits and EMPLOYER'S LIABILITY with limits of liability not less than: (i) $1,000,000 each accident for bodily injury; (ii) $1,000,000 disease each employee; and, (iii) $1,000,000 disease policy limit. 4. RAILROAD PROTECTIVE LIABILITY insurance. Contractor must must maintain for the duration of work "Railroad Protective Liability" insurance written on ISO occurrence form CG 00 3512 04 (or a substitute form providing equivalent coverage) 14 on behalf of Licensor only as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of $6,000,000. The definition of "JOB LOCATION" and "WORK" on the declaration page of the policy shall refer to this Agreement and shall describe all WORK or OPERATIONS performed under this Agreement. Notwithstanding the foregoing, Licensee does not need Railroad Protective Liability Insurance after its initial construction work is complete and all excess materials have been removed from Licensor's property; PROVIDED, however, that Licensee shall procure such coverage for any subsequent maintenance, repair, renewal, modification, reconstruction, or removal work on Licensee's Facilities. 5. CONTRACTORS' POLLUTION LEGAL LIABILITY with coverage for bodily injury, property damage or pollution clean-up costs that could result from of pollution condition, both sudden and gradual. Including a discharge of pollutants brought to the work site, a release of pre-existing pollutants at the site, or other pollution conditions with limits of liability of not less than the following- (i) $2,000,000 per occurrence or claim; and, (ii) $4,000,000 general aggregate per annual policy period. (a) In the event this Agreement involves the transportation of hazardous material, either the Commercial Automobile policy or other appropriate insurance policy shall be endorsed to include Transportation Pollution Liability insurance covering materials to be transported by CONTRACTOR pursuant to the Agreement. UMBRELLA OR EXCESS INSURANCE In the event SCCCD or the Contractor they hire purchases an Umbrella or Excess insurance policy(ies) to meet the "Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the CITY and Union Pacific Railroad Company and each of their officers, officials, employees, agents and volunteers. DEDUCTIBLES AND SELF -INSURED RETENTIONS SCCCD or the Contractor they hire shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and CONTRACTOR shall also be responsible for payment of any self -insured retentions. OTHER INSURANCE PROVISIONS/ENDORSEMENTS (i) All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non -renewed, reduced in coverage or in limits except after 30 calendar days written notice has been given to CITY, except 10 days for nonpayment of premium. SCCCD or the Contractor they hire is also responsible for providing written notice to the CITY under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non -renewal, or reduction in coverage or in limits, SCCCD or the Contractor they hire shall furnish CITY with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for CITY, SCCCD or the Contractor they hire shall provide a new certificate, and applicable endorsements, evidencing renewal of 15 such policy not less than 15 calendar days prior to the expiration date of the expiring policy. (ii) The Commercial General, Railroad Protective, Pollution, and Automobile Liability insurance policies shall be written on an occurrence form. (iii) The Commercial General, Pollution and Automobile Liability insurance policies shall be endorsed to name CITY and Union Pacific Railroad Company and each of their officers, officials, employees, agents, and volunteers as an additional insured. SCCCD or the Contractor they hire shall establish additional insured status for the City and Union Pacific Railroad Company and each of them for all ongoing and completed operations under both Commercial General and Pollution Liability policies by use of ISO Forms or an executed manuscript insurance company endorsement providing additional insured status. The Commercial General endorsements must be as broad as that contained in ISO Forms: GC 20 10 11 85 or both CG 20 10 & CG 20 37. (iv) The Railroad Protective Liability policy shall be written on ISO form CG 00 35 12 04 or another endorsement that provides equivalent coverage on behalf of the Union Pacific Railroad Company only as named insured. (v) The Commercial General, Pollution and Automobile Liability insurance shall contain, or be endorsed to contain, that the SCCCD or the Contractor they hire's insurance shall be primary to and require no contribution from the City or Union Pacific Railroad Company. The Commercial General and Pollution Liability policies are required to include primary and non contributory coverage in favor of the City and Union Pacific Railroad Company for both the ongoing and completed operations coverage. These coverages shall contain no special limitations on the scope of protection afforded to City and Union Pacific Railroad Company and each of their officers, officials, employees, agents, and volunteers. If SCCCD or the Contractor they hire maintains higher limits of liability than the minimums shown above, City and Union Pacific Railroad Company requires and shall be entitled to coverage for the higher limits of liability maintained by SCCCD or the Contractor they hire. (vi) The Workers' Compensation insurance policy shall contain, or be endorsed to contain, a waiver of subrogation as to CITY and Union Pacific Railroad Company and each of their officers, officials, agents, employees and volunteers. (vii) The Commercial General, Pollution and Automobile Liability insurance policies shall contain, or be endorsed to contain, a waiver of subrogation as tc CITY and Union Pacific Railroad Company and each of their officers, officials, agents, employees and volunteers. (viii) H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this Agreement, or (b) all punitive damages are prohibited by all states in which this Agreement will be performed. 16 PROVIDING OF DOCUMENTS - SCCCS shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required herein. All certificates and applicable endorsements are to be received and approved by the CITY'S Risk Manager or his/her designee prior to CITY'S execution of the Agreement and before work commences. All non -ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of CITY, SCCCS shall immediately furnish CITY with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. All subcontractors working under the direction of SCCCD shall also be required to provide all documents noted herein. SUBCONTRACTORS - If SCCCD subcontracts any or all of the services to be performed under this Agreement, SCCCD shall require each contractor/subcontractor to meet the Insurance Requirements contained in this agreement. 17