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
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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
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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,
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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
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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,
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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
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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]
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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
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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
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30163980 /15273.0001
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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
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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
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(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)
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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
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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.
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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.
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