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HomeMy WebLinkAboutC-5414 - Telecommunications License AgreementFinal 12.12,12 TELECOMMUNICATIONS LICENSE AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND MESA CONSOLIDATED WATER DISTRICT This TELECOMMUNICATIONS LICENSE AGREEMENT ("Agreement") is entered into between Mesa Consolidated Water District, a County Water District ("Company"), at 1965 Placentia Avenue, Costa Mesa, CA 92627, and the City of Newport Beach, a municipal corporation and charter city ("City") this ijfh day of Fete z©r i2042. Company and City are at times individually referred to as "Party" and collectively as "Parties" herein. RECITALS A. City is the fee title owner of that certain real property known as Bristol Street (southeast of Irvine Avenue -Campus Drive) in the City of Newport Beach, California, such property is depicted in Exhibit "A' ("Real Property") which description is fully incorporated herein by this reference ("Real Property"); and B. Company desires to license from City, on a non-exclusive basis, the right to use that certain portion of the Real Property, and those certain related easements through the Real Property for physical access and utilities, as also depicted in Exhibit "A" (the "License Area"). NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. License City grants to Company a non-exclusive license ("License") to access the Real Property, subject to the conditions of: a) the Encroachment Permit issued by the Public Works Department; b) the Telecom Permit No. TP2010-007, all attached hereto as Exhibit "B" ("The Permits"), and incorporated by reference herein, issued by the Community Development Department; and c) to the terms of all governmental licenses, permits and approvals required by Federal, State or local governmental agencies, for construction, installation and maintenance of the facilities and utility wires, cables, and conduits as necessary to operate the Telecommunications Facilities, as defined below. All installation and maintenance activities shall be at Company's sole cost and expense. The License granted herein is subject to the terms, covenants and conditions hereinafter set forth, and Company covenants, as a material part of the consideration for this License, to keep and perform each and every term, covenant and condition of this Agreement. Except as otherwise stated in this Agreement, Company shall be responsible for all maintenance associated with the Telecommunications Facilities, including all costs and expenses associated therewith. 2. Uses Company shall use the License Area for the sole purpose of constructing, maintaining, securing and operating a wireless telecommunications antenna, wires and/or cables, described in Exhibit "B", to transmit and receive radio communication signals on 900 MHZ, all in compliance with the approved site plans and related drawings dated May 2011, on file with the Community Development Department and the conditions of approval contained in the Telecom Permit and Encroachment Permit (collectively, the "Telecommunications Facilities" or "Facilities"). The Telecommunications Facilities and operating frequencies may not be expanded or modified except upon written approval of an amended Telecom Permit and as may be required by this Agreement. Construction and operation of the Telecommunications Facilities shall be at Company's sole expense. Company shall keep the Telecommunications Facilities free from hazards or risk to the public health, safety or welfare. Except as provided under this Agreement, Company shall not make or permit to be made any alterations, additions or improvements to the License Area, or paint, install lighting or decorations, or install any signs, lettering or advertising media of any type or any other visual displays, on or about the License Area without the prior written consent of City. Notwithstanding the foregoing, Company shall place warning signs on or about the Telecommunications Facilities in the manner required by Federal, State or local law. 3. Telecommunications Permit And Government Approvals Company shall comply with all conditions of approval contained in the Telecom Permit and the Encroachment Permit. Company shall obtain all other governmental licenses, permits and approvals required by Federal, State or local governmental agencies, enabling Company to construct, operate, repair and remove the Telecommunications Facilities in the License Area. 4. Term For purposes of this Agreement, the "Commencement Date" shall be forty-five (45) days after the City Manager's written notification to the City Council pursuant to City Council Policy L-23. The initial term of the License granted hereunder ("Term") shall commence on the Commencement Date and continue for a period of five (5) years. After the Commencement Date, this License shall not be revoked or terminated except as expressly provided in this Agreement. This Agreement shall automatically be extended, on the same terms and conditions as set forth in this Agreement, for up to three (3) successive terms of five (5) years each ("Renewal Terms") unless at least thirty (30) days prior to the expiration of the Term or any Renewal Term, Company notifies City in writing of Company's intention not to extend this Agreement and by the end of the then current Term or Renewal Term the Company also complies with the surrender conditions of Section 17 below. Notwithstanding the above, this Agreement shall not be automatically extended if Mesa Consolidated Water District Page 2 Company has defaulted in the performance of any term or condition of the Agreement and has failed to cure such default after notice as provided in this Agreement. 5. Fees and Costs License fees shall be waived because the installation of Company's Telecom Facilities in the City's public right-of-way will be mutually beneficial. Company is a County Water District which provides an essential service to the City, City of Costa Mesa, and the County of Orange. The Telecom Facilities maintains and promotes the integrity of the operation of the water distribution system within the City and helps to provide a safe and reliable water system. 6. Intentionally Omitted 7. Intentionally Omitted 8. Interference with City Telecommunications (a) Company agrees that its operation of the Telecommunications Facilities shall at all times comply with all Federal Communications Commission ("FCC") requirements and shall not cause any direct or indirect interference with City's own wireless communications facilities, including but not limited to public safety transmissions, police and fire communications, water or sewer intemai or external radio signals and communications, as they now exist or may from time -to -time hereafter exist ("City's facilities"). (b) In the event of any interference with City Police and Fire Department public safety communications, Company shall work with the affected Department to correct the interference within two (2) hours of City's written or telephone notice to Company. In the event of interference with City's own wireless communications system or external radio signals and communications other than Police or Fire Department, Company shall work with City to correct the interference within twenty-four (24) hours of City's written or telephone notice. If it is determined the interference is caused by the Facilities and if Company is unable to correct interference to City's satisfaction, Company shall cease its operation of the Telecommunications Facilities at the end of such time period until the cause of the interference is corrected to City's satisfaction. If Company fails to correct any interference, City may, in addition to and without compromising any other available remedy cut off power to the facility in the manner set forth in Section 9 below. (c) Prior to making any changes to the frequency or operating conditions approved by the Telecom Permit, Company shall submit plans for the proposed changes to City for its review and approval. Company agrees to fund any studies required to ensure that any contemplated changes will be compatible with the City's facilities. No Company change shall occur prior to the City's approval. Mesa Consolidated Water District Page 3 9. Emergency (a) Company understands that the Telecommunications Facilities are located on public property and emergency situations may develop from time -to -time that require power to the Telecommunications Facilities to be immediately shut off and thereby interfere or temporarily terminate the Company's use of its Facilities. Notwithstanding Section 8 of this Agreement, Company agrees that if such a situation occurs, and/or there are frequency interferences of any nature between City's Police and Fire Department public safety communications equipment or City's facilities affecting operation of sewer or water service and that of Company in a manner that threatens public health or safety, City shall have the right to immediately shut off power to the Telecommunications Facilities for the duration of the emergency. City shall contact Company's Production Duty Operator immediately prior to shutting of power at 714-356- 9703. However, whether City makes contact with Company personnel shall not impact City's right to shut off power to the Telecommunications Facilities pursuant to this provision. Company agrees not to hold City responsible or liable for and shall protect, defend, indemnify and hold City harmless for any damage, loss, claim or liability of any nature suffered as a result of the loss of the use of the Telecommunications Facilities or other communication facilities by the shut-off of power. (b) Company agrees to install a clearly marked and accessible master power "cut-off' switch on their equipment for the purpose of assisting City in such an emergency. (c) Unless otherwise specifically provided in a notice of termination of this Agreement, City's exercise of the right to shut off any power to the Telecommunications Facilities pursuant to Section 9(a) is not intended to constitute a termination of this Agreement by either Party and such event is a risk accepted by the Company. Company and City shall meet after the City determines that an emergency situation has ended to establish the time and manner in which power shall be restored. (d) City shall have the right to determine in its sole and absolute discretion what constitutes an "emergency situation" pursuant to this Section. 10. Acceptance of Condition of License Area Company shall accept use of the License Area in an "as is" condition, with no warranty, express or implied from the City as to any latent, patent, foreseeable and unforeseeable condition of the License Area, including its suitability for the use intended by Company. To the best of City's knowledge, the License Area has not been used for generation, storage, treatment or disposal of Hazardous Substances as defined in Section 28. The Company has conducted its own appropriate due diligence investigation of the License Area prior to its execution of this Agreement. Mesa Consolidated Water District Page 4 11. No Interest in Property Nothing herein shall be deemed to create a lease, or easement of any property right, or to grant any, possessory or other interest in the Real Property, License Area, or any public right-of-way, other than a real property license to use and access the License Area, revocable and for a Term as set forth in this Agreement. 12. Reservation of Rights Company understands, acknowledges and agrees that any and all authorizations granted to Company under this Agreement are non-exclusive and shall remain subject to all prior and continuing regulatory and propriety rights and powers of City to regulate, govern and use the Real Property, as well as any existing encumbrances, deeds, covenants, restrictions, easements, dedications and other claims of title that may affect the Real Property. 13. Utilities Company shall not do, nor shall it permit anything to be done that may interfere with the effectiveness and accessibility of the utility, heating, air conditioning or ventilation systems located on the Real Property, except as may be specifically permitted by the Telecom Permit. The Telecommunications Facilities shall be separately metered. In addition to the License Fee, Company shall be responsible for the cost of all utility services necessary for the operation of the Telecommunications Facilities, and if required by City, shall have such utilities installed underground and/or connected if already installed, and maintained at Company's sole cost and expense (along with all ongoing use charges). Subject to City's approval, Company shall obtain an encroachment permit from City's Public Works Department and submit plans for underground construction of any required utility lines to City for its review and approval prior to commencement of construction. 14. Inspection City shall be entitled, at any time, to inspect the Telecommunications Facilities for compliance with the terms of this Agreement, and with all applicable Federal, State and local (including those of the City) government regulations. 15. City Retention Rights Company's right to use the License Area during the term of this Agreement shall be subordinate and junior to the rights of City to use and occupy the License Area for any purpose that does not interfere with Company's use of the License Area as provided herein. 16. Company's Retention of Title Mesa Consolidated Water District Page 5 Title to the Telecommunications Facilities placed on the License Area by Company shall be held by Company or its equipment lessors, successors, or assigns. The Telecommunications Facilities shall not be considered fixtures. Company has the right to remove any or all of the Telecommunications Facilities at its sole expense from time -to -time and in all events by the expiration of this License or within thirty (30) days after an early termination of this License. 17. Surrender Upon expiration or termination of this Agreement, Company at its sole cost and expense, shall within sixty (60) days of written notice from City, remove the Telecommunications Facilities, restore the Real Property and License Area to its original condition or to a condition satisfactory to and approved by City, and vacate the License Area. Should Company fail to restore the Real Property and License Area to a condition satisfactory to City, City may perform such work or have such work performed by others and Company shall immediately reimburse City for all direct and indirect costs associated with such work upon receipt of an invoice for such costs. 18. Assignment (a) All of the terms and provisions of this Agreement shall inure to the benefit of and shall be binding upon the Parties and their respective successors and assigns. This Agreement and the rights and obligations of Company shall not be assigned, transferred, or hypothecated (collectively referred to as "transferred"), in whole or in part, without the express written consent of the City, which consent shall not be unreasonably withheld, delayed or conditioned and may be withheld if assignee is of lesser financial status than Company when this Agreement was executed. Any attempted transfer in violation of this Section shall be void. Except as provided below, the transfer of the rights and obligations of Company to any successor in interest or entity acquiring fifty-one percent (51%) or more of Company's stock or assets, shall be deemed an assignment requiring consent. Company shall provide City at least thirty (30) days advance written notice of any proposed transfer. (b) If Company desires at any time to effect a transfer, it shall first deliver to City: (1) a written request for approval; (2) the name, address and most recent financial statements of the proposed transferee; and (3) the proposed instrument of assignment or sublease, which in the case of assignment shall include a written assumption by the assignee of all obligations of this Agreement arising from and after the effective date of assignment. (c) Notwithstanding Section 18(a) above, Company may, without prior approval from time -to -time, assign its rights hereunder: (i) to any entity which has, directly, or indirectly, a thirty percent (30%) or greater interest in Company (a "Parent") or in which Company or a Parent has a thirty percent (30%) or greater interest (an "Affiliate"); (ii) to any entity with which Company and/or any Affiliate may merge or consolidate; (iii) to a buyer of substantially all of the outstanding ownership units or assets of Company or any Affiliate; or (iv) to the holder or transferee of the FCC license Mesa Consolidated Water District Page 6 under which the Telecommunications Facilities is operated, upon FCC approval of any such transfer. Any such assignment shall be conditioned upon and not be effective until Company cures any defaults under this Agreement and the assignee signs and delivers to City a document in which the assignee accepts responsibility for all of Company's post, current and future obligations under the Agreement. (d) No assignment by the Company shall release Company from continuing liability under this Agreement with the exception of a buyout of the Company by another entity which formally assumes all post, current and future obligations of the Company under this Agreement. 19. Taxes Company shall pay all personal interest property taxes, real property taxes, fees and assessments which may at any time be imposed or levied by any public entity and attributable to the Telecommunications Facilities. City hereby gives notice to Company, pursuant to Revenue and Tax Code Section 107.6 that this Agreement may create a possessory interest which is the subject of property taxes levied on such interest, the payment of which taxes shall be the sole obligation of Company. 20. Relocation Company agrees that whenever any City improvements may be required (for example, the widening of a street or replacement of a bridge), the City may require the relocation of any such Telecommunications Facilities at the Company's expense, without making any claim against the City for reimbursement or damage therefore. Except in the event of an emergency or other situation requiring immediate relocation of the Telecommunications Facilities, City shall provide Company with not less than sixty (60) days written notice of relocation specifying a date by which the relocation is to take place. 21. Intentionally Omitted 22. Termination (a) This Agreement may be terminated by either party, for any reason, with or without cause, by giving thirty (30) days written notice to the other party. (b) Any termination is subject to the Company complying with the surrender obligations of Section 17, above. 23. Construction (a) Company agrees to take all prudent action to protect the Telecommunications Facilities and City facilities from any damage or injury caused by any work performed by or on behalf of Company regarding the construction, installation, operation, inspection, maintenance, repair, reconstruction, replacement, relocation, or Mesa Consolidated Water District Page 7 removal of its Telecommunications Facilities or the failure, deterioration or collapse of such Telecommunications Facilities. (b) Company shall, at its sole cost and expense, continually maintain in a first- class manner, and repair any damage to the License Area, to the extent such damage is caused by Company or any of its agents, representatives, employees, contractors, subcontractors, or invitees. Company shall immediately notify the City Manager and the appropriate public safety agency (e.g. Police and Fire Department) of any damage or injury caused by work authorized pursuant to this Agreement. (c) Without limitation of any other remedy available hereunder or at law or in equity, if Company fails to repair or refinish any such damage, City may, at its sole discretion, but not be required to, repair or refinish such damage and Company shall reimburse City of all costs and expenses incurred in such repair or refinishing. (d) Company, prior to the issuance of an Encroachment Permit by the Public Works Department for the Facilities, shall submit to the City and, throughout the Term and each Renewal Term, maintain in effect, a bond, letter of credit or other security, in the principal amount of One Thousand and 00/100 Dollars ($1,000.00) ("Security") to ensure and secure faithful compliance with the conditions of this Agreement. The Security shall be in a form acceptable to the City, and shall remain in effect throughout the term of this Agreement. The purpose of the Security is to provide payment to the City for any and all expenditures incurred by the City under this Agreement, including but not limited to costs of repairs and cost of removal of the Facilities upon expiration or termination of this Agreement should Company fail to do so as required by this Agreement. The Security shall in no way limit the liability or obligations of Company or its insurers under this Agreement. If the funds represented by the Security become exhausted, Company shall immediately provide the City with a new security in the amount necessary to provide full required Security. 24. Maintenance At its sole cost and expense, Company shall take good care of the Telecommunications Facilities and keep the Telecommunications Facilities neat, clean and free from graffiti, dirt and rubbish at all times. 25. Multiple Companies The Parties recognize that this Agreement contemplates installation and use by multiple entities or companies, other than City, seeking to place telecommunications facilities in or about the License Area. Company shall use its best efforts to coordinate its activities with those other such entities to reduce the costs of all such Parties and to avoid interference with each such Party's realizations of benefits of this and similar Agreements. If City deems reasonably necessary, City shall coordinate any such cooperative efforts. City will not enter into a subsequent agreement with another entity to place telecommunications facilities within the License Area or in proximity to the License Area if Company has shown to City's satisfaction, after compliance with this Mesa Consolidated Water District Page 8 Section, that additional telecommunications facilities are technically incompatible with the operation of the Telecommunications Facilities under this Agreement. 26. Indemnification To the fullest extent permitted by law, Company shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any latent or patent defects in design and construction of Replacement Streetlight, Telecommunications Facilities, or work thereon conducted under this Agreement including, without limitation, defects in workmanship or materials or Company's presence or performance of duties on the License Area and/or Replacement Streetlight (including the negligent and/or willful acts, errors and/or omissions of Company, its principals, officers, agents, employees, vendors, suppliers, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Company to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity 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 the Company. 27. Insurance Without limiting Company's indemnification of City and prior commencement of work, Company shall obtain, provide and maintain at its own expense during the term of this Agreement policies of insurance of the type, amounts, terms and conditions described in this insurance requirement, attached hereto as Exhibit "C" and incorporated herein by reference. 28. Hazardous Substances (a) From the date of execution of this Agreement throughout the Term and any Renewal Term, Company shall not use, store, manufacture or maintain on the License Area any Hazardous Substances except (i) in such quantities and types found customary in construction, repair, maintenance and operations of Telecommunications Facilities approved by this Agreement, (ii) petroleum and petroleum products contained Mesa Consolidated Water District Page 9 within regularly operated motor vehicles. Company shall handle, store and dispose of all Hazardous Substances it brings onto the License Area in accordance with applicable laws. (b) For purposes of this Agreement, the term "Hazardous Substance" means: (i) any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or addressed pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seq. ("CERCCA"); the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq.; the Resource Conversation and Recovery Act, 42 U.S.C. Section 6901 et seq. ("RCRA"); the Toxic Substances Control Act, 15 U.S.C. Section 2601 et seq.; the Clean Water Act, 33 U.S.C. Section 1251 et seq.; the California Hazardous Waste Control Act, Health and Safety Code Section 25100 et seq.; the California Hazardous Substance Account Act, Health and Safety Code Sections 25330 et seq.; the California Safe Drinking Water and Toxic Enforcement Act, Health and Safety Code Sections 25249.5 et seq.; California Health and Safety Code Sections 25280 et seq. (Underground Storage of Hazardous Substances); the California Hazardous Waste Management Act, Health and Safety Code Sections 25170.1 et seq.; California Health and Safety Code Sections 25501 et seq (Hazardous Materials Response Plans and Inventory); or the Porter -Cologne Water Quality Control Act, Water Code Sections 13000 et seq., all as they, from time -to -time may be amended, (the above -cited statutes are here collectively referred to as "the Hazardous Substances Laws") or any other Federal, State or local statute, law, ordinance, resolution, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic or dangerous waste, substance or material, as now or at any time hereafter in effect; (ii) any substance, product, waste or other material of any nature whatsoever which may give rise to liability under any of the above statutes or under any statutory or common law theory, including but not limited to negligence, trespass, intentional tort, nuisance, waste or strict liability or under any reported decisions of a state or federal court; (Hi) petroleum or crude oil; and (iv) asbestos. (c) Notwithstanding any contrary provision of this Agreement, and in addition to the indemnification duties of Company set forth in Section 26, Company agrees to indemnify, defend with counsel reasonably acceptable to City, protect, and hold harmless the City, its officials, officers, employees, agents, and assigns from and against any and all losses, fines, penalties, claims, damages, judgments, or liabilities, including, but not limited to, any repair, cleanup, detoxification, or preparation and implementation of any remedial, response, closure or other plan of any kind or nature which the City, its officials, officers, employees, agents, or assigns may sustain or incur or which may be imposed upon them in connection with the use of the License Area provided under this Agreement, arising from or attributable to the storage or deposit of Hazardous Substances on or under the License Area. This Section 28 is intended to operate as an agreement pursuant to Section 107(e) of CERCLA, 42 USC Section 9607(e), and California Health and Safety Code Section 25364, to insure, protect, hold harmless, and indemnify City for any claim pursuant to the Hazardous Substance Laws or the common law. Mesa Consolidated Water District Page 10 (d) City agrees that City will not, and will not authorize any third party to use, generate, store, or dispose of any Hazardous Substances on, under, about or within the License Area in violation of any law or regulation. City and Company each agree to defend, indemnify and hold harmless the other and the other's partners, affiliates, agents and employees against any and all losses, liabilities, claims and/or costs arising from any breach of any representation, warranty or agreement contained in this Section 28. This Section 28 shall survive the termination of this Agreement. Upon expiration or earlier termination of this Agreement, Company shall surrender and vacate the License Area and deliver possession thereof to City on or before the termination date free of any Hazardous Substances released into the environment at, on or under the License Area that are directly attributable to Company. 29. Not Agent of the City Neither anything in this Agreement nor any acts of Company shall authorize Company or any of its employees, agents or contractors to act as agent, contractor, joint venturer or employee of City for any purpose. 30. No Third Party Beneficiaries City and Company do not intend, by a provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 31. Notices All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: To City: City Manager City of Newport Beach PO Box 1768 3300 Newport Boulevard Newport Beach, CA 92658 and with respect to insurance issues: City Risk Manager City of Newport Beach PO Box 1768 3300 Newport Boulevard Mesa Consolidated Water District Page 11 Newport Beach, CA 92658 To Company: Mr. Jerry Vilander Operations Manager Mesa Consolidated WaterDistrict 1965 Placentia Avenue Costa Mesa, CA 92627 Company's emergency contact: Duty Personnel 1965 Placentia Avenue Costa Mesa, CA 92627 Phone: 714-356-9703 32. City Business License As a governmental agency, Company is not required to obtain a City business license as required by the Newport Beach Municipal Code. 33. Time is of the Essence Time is of the essence for this Agreement. 34. Standard Provisions (a) Waiver. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. (b) Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. (c) Conflicts or Inconsistencies. In the event there are any conflicts or Mesa Consolidated Water District Page 12 inconsistencies between this Agreement and any other attachments attached hereto, the terms of this Agreement shall govern. (d) Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. (e) Amendments. This Agreement may be modified or amended only by a written document executed by both Company and City and approved as to form by the City Attorney. (f) Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. (g) Controlling Law And Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. (h) Equal Opportunity Employment. Company represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. (i) No Attorneys Fees, In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. (j) Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. [SIGNATURES NEXT PAGE] Mesa Consolidated Water District Page 13 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate on the date indicated below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: IL l L f i" By Aaron C. Harp City Attorney (C„ ATTEST: ,r Z ) 5 Date: Y By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A California municipal corporation Date: 'k . 013 By: Dave City Manager COMPANY: Mesa Consolidated Water District, a County Water District Date:12/18/12 r BYQ! Paul E. Shoenberger General Manager Date: By: Name: Title: [END OF SIGNATURES] Attachments: Exhibit A: Real Property Exhibit B: The Permits Exhibit C: Insurance Requirements Mesa Consolidated Water District Page 14 EXHIBIT A 6.4a' City Boundary I I Right of Way ineAae Date; IV0612012 EXHIBIT"A" REAL PROPERTY BRISTOL ST 2121 BRISTOL ST N 2111 2072 2082 EXHIBIT B Newport Beach 19 BRISTOL ST NB cr- so J 0 N a LL J w o z FQQ d Wre =o o-J o� z z�cv ozz - al O O 4� rrn o MESA CONSOLIDATED WATER DISTRIC ea ow No 0. a> o• z0 a na w O a oo w J O 'D zd_0wJ �r Q g Z ww Z 3 orxoo a.. o So0 w m0 zww 0 o c 0U � 6co m 0- O 800 0 O0 b 2 IG�Hd Co 0 ccep o Ea to qm WI(Ries Approval: iORKSHEETFOR GROACHMEN`I" PERMIT CITY. OF NEWPORT SEACI'I ". PUBLIC WORKS,DEPAI IMEh1T C'OMPLETE'THE EELOW;. NFORMATIION, PROJECT ADDRESS: Public R/W at Northeast corner of intersection of Irvine & Bristol DETAILED DESCRIPTION OF PROPOSED WORK (Include measurements): _Remove and replace existing RTU enclosure. Relocate existing street sign behind the _ guardrail and install new yagi antenna In the horizontal position painted white. Install two -new solar panels limiting the height to below the existing chainlink fence. Install a new — solar battery enclosure adjacent to the panels. .in--a-separate-projeot, 99locate existing gate to east side of enclosure and install landscaping. — APPLICANT: Mesa Consolidated Water District Phone: 049-G31-1291 Email Address: g rift ad taro 6260145-41k5 Mailing Address: 1965 Placentia Avenue City/State/Zip: Costa Mesa, CA 92627 OWNER: Mesa Consolidated Water District Phone, 949 C314291 Email Address: I Mailing Address: 1965 Placentia Avenue City/State Zip: Costa Mesa, CA 92627 'AU-CONTRACTOR ;INFORMATION'IS REQUIRED=QUEASY COMPLETE CONTRACTOR: iC office Phone: 711 23C 2225 Company (if different): t e5Ct% etnifrff /sr MC. t ieicie, Jobsite Phone: Other Phone: Email Address: m (t4CYaaanpr7%l} / qG 2� Mailing Address: re VOX 21 9003 City/State Zip: n onz�n ��za besftf-afrrit" 4462 Culpoi dte er-Dr. State License Number & Class: 452072. Cio Expires: 00//1 City Business License Number: BT36029321 Expires: ell 13 WORKERS COMPENSATION INSURANCE - Certificate of Insurance (Section 3800 Labor Code) Company: TiMi4 .Cf / Policy No: 5714/&0 /Me7 Expires: 5/I 3 REFUNDABLE DEPOSIT INFORMATION (If Applicable): Refund Payable To: Mail Refund To: FOR OFFICE USE ONLY j Special Conditions of Permit: '" Pre --c€ tq p ( pec-f e qu it c2 , -Conitth 4"lc Atpy wak per. —re/erg Peem4ti €TA wo-4ai acid PAwi0-.ct/k ddt�,vnu.P, pees yhati be fvquvecf , ADDITIONAL APPROVAL REQUIRED FROM THE FOLLOWING DEPARTMENTS Utilities: Traffic: Fire: General Services: Other: Engineer: tbuttk PWS: Date: Ohtti Permit No. N2011-01b1 fIusets/pinv.'shnmdfomrc rI.(nwsbr icp wik vL^ Public Works Department 949-644-33 1 3300 Newport Boulevard, Newport Beach, CA 92663 TO: CITY OF NE ORT BEACH PUBLIC WORKS DEPARTMENT 3300 NEWPORT BOULEVARD P.O. BOX 1768, NEWPORT BEACH, CA 92659.1768 (949) 644-3311 CONDITIONS OF APPROVAL MESA Consoidated Water District Attn: L--eet e-Talbott Fygvl(AS k�m 1 tC�vastercig Fygr1ciS, KimCUUS,nnWVt9)obct ralm FROM: Socheata Chhouk, (949) 644-3346 schhou k(Wnewportbeachca. qov DATE: June 28, 2011 SUBJECT: Encroachment Permit N2011-0167 Telecom Permit TP2010-007 Telecom Facility Installation on Bristol Street South near the northeast corner of Campus Drive -Irvine Avenue The following is the Encroachment Permit N2011-0167 conditions of approval: Landscape materials and landscaped areas shall be maintained in compliance with an approved landscape plan and maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. • Landscaped areas shall be kept free of weeds, debris, and other undesirable materials, • Landscape materials and landscaped areas shall be maintained to minimize Impacts to public viewsheds to the greatest extent feasible, + Traffic control shall be per the latest edition of WATCH manual if the work area is contained within the dirt shoulder. The work hours are limited to 9 AM to 3 PM, If any of the existing public improvements surrounding the site is damaged, new concrete sidewalk, curb and gutter, alley/street pavement, and other public improvements will be required by the City et the time of private construction completion. Said determination and the extent of the repair work shall be made at the discretion of the Public Works Inspector. ftusersiphw\sharedtencroacMtelecom permitiAmesa consolidated water district -various Iocations1n2011-0167 2118 brain st - campus drive.doc kin Y Wonders With Water" 14.0 414/ o% „i MESA CONSOLIDATED 4/1)°4%�� WATER DISTRICT. `' TRAFFIC SIGN FOUNDATION DESIGN / N No, C70357 Exp,09/30/12 .j C1V41. �\-tir fiaF CA\,tC° DATE: 12/29/2010 JOB #: 8625A,10 HSS 3112x`3112X114 (OR EQUAL) EMBEDDED INTO CON° POST 2'-4" SECTION RAFF'IC SIGN FOUNDATION POST ingII eers...Working Wonders With Water" BY 0.Grl4. DATE vet 2.o.09 SUBJECT Nethk coMio I(p{ t() SHEET NO.__OF CHKD. BY DATE_ __ TP,PtnIc. 5164 Limeyoe- PON JOB NO. 862-SP v WlAyQ ccok0 C Pcsct 'k-n 'f' `7t 'Cton7 . t 65pc yG L MNYO Sr'44.lo - 35 CPoSsrLw CA -Meryl -el a c IFiPOL'CA'NGe Pid'Gl.ai( c I.© Uuout1 c.oE—f , ¥—t t ©. SC c1 k/'PccC Toro Gg-hf jic fPo`tgr( Wet"- L•© (et1c. 6?.5-"3_2) Low() aitoA,kIA-C1 fl-ClvK, i d: D•S'j C7 crz G-a() 6 Jkr' me., r •epicrfore,_ , �r' O-ts- L'.Fi- /1/41 F©YZOt GorifT , C f..' I.&ta CTI& 6-70; y/h= b."1) %a.. Kr Ki r yA i y X O•$rix I.DiO.$ x85"XI*O 13.14-1'er T 1'0..L M x ©,rs I1;66 x is -/Si' = 2,D; e emu cscrC✓l s16.us etc cow ertAt (,. uRwtt5 (mu. 2010 Gr3C-) Srez-ft.or) 1$bb-3 CIA r o.r rlRTtcrt4AL' hKMO, 71vM kAA0i CLAM Nn C UYoke:11CPrL EQuAMPrrl i) C 42On• 2avOP!7'� Per.(YzPri- , tl j 6_ fr, s -rr, = I SO'q/r-1 Engineers, Working Wonders Wilh tiler' BY (, ClAtI DATE Dec, Zo/v SUBJECT A 1 /n n9i or t p7 n? SHEET NO, OF CHKD BY DATE 4tfi i? �i [Y�tS tc9 C 5uT{2ftJ S NO $f 2S Ad() 6'berr- Ct4Vs9N K'rv4Gm -to e%wtytvlO or SL&&9S.. CO.1't5' thrlkii (A , p= 2t�S4 flQ M vl , M % 233 ,t (0.15' = 3E'v nl 1kcb 3%yx 3 =�Y /7ntAT2 al[ oi-( toipf ec4toA7 / ivysi, Ej0304'f'1 7 1,62" 6,et-F-1 r�,u-ow: X O. x,z - 4( 12 3x (10-as'xla)s "af 2-9,020 5.otf ,Iteps 3yz,y,t, :Engines ...Working Wonders Willi We BY: C. ChB DATE: Dec-10 CLIENT CHKD: DESCRIPTION: DESIGN TASK: Mesa Consolidated SHEET: Traffic Sign • Pole Foundation JOB NO: 8625A.10 Foundation Embedment Depth for a Post Non at Ground Surface. h 10.7 d=4.548 P = 2861bs F=0lbs 2.33 (diameter of a round foundation) references: 2-b Lo • CA) C- ' gam' Itsp}.3 no constraint at grade N\N.. /AXN \ 1) Lateral load: Applied Lateral Force P =:;j:J 2N flxs Distance from Ground Surface to Point of Lateral Force Application ---------------------------- h Allowable lateral passive soil pressure, (see USC Table 18-I-A , IBC table 1804,2, or a soil report) 15Q ^ psf/ft foundation cross sectional geometry = round foundation diameter --------- -------- ------•------------- bb=ic3 "P,;j ft diameter of round foundation used for calculation, b = 2.33 ft S1 = Allowable lateral soil pressure based on a depth of 1/3 the depth of embedment, 51 = 4.548 / 3' 150 = 227.40 psf d = Req'd Embedment Depth below grade = 234 VV S b 1 + .1 t + 4.36 2,34h 3l4 Pt b 2) Axial load: Allowable soil bearing capacity -------------- q = Axial load including the post weight --,------------- F = foundation area = Tr'(2.33 / 2)2= 4.264 Foundation weight wt= 4.264 " 4.548'150 = 2909 Ibs total axial load = 0 + 2909 = 2909 Ibs foundation bearing stress = (total axial load) / area = 2909 / 4.264 = 682.2 psf, OK — 4.548 ft 4 file: Post Page 1 of 1 C130GT HIGH EFFICIENCY MULTICRYSTAL PHOTOVOLTAIC MODULE ULN LISTED HIGHLIGHTS OF KYOCERA PHOTOVOLTAIC MODULES Kyocera's advanced cell processing technology and automated production facilities produce a highly efficient mulilcrystat photovoltaic module. The conversion efficiency of the Kyocera solar cell Is over 16%. These cells are encapsulated between a tempered glass cover and a pottant with back sheet to provide efficient protection from the severest environmental conditions. The entire laminate Is installed In an anodized aluminum frame to provide structural strength and ease of Installation. Equipped with plug -In connectors. THE NEW VALUE FRONTIER I� EER2 APPLICATIONS KC130GT Is Ideal for grid tle system applications. • Residential roof lop systems • Water Pumping systems • Large commercial grid Ile systems • High Voltage stand alone systems • etc. QUALIFICATIONS • MODULE : UL1703 certified • FACTORY: 1809001 and ISO 14001 QUALITY ASSURANCE Kyocera multicrystal photovoltaic modules have passed the following testa, • Thermal cycling test • Thermal shack lest • Thermal / Freezing and high humlditycycling lest • Electrical Isolation test • Hall impact lost • Mechanical, wind and Twist loading lest • Salt mist lest 0 Light and wale; -exposure lest 0 Field exposure lest LIMITED WARRANTY MT year limited warranty on material and workmanship Dt 20 years limited warranty on power output: For detall, please rarer to 'category IV' inwarrantytseued by Kyocera (Long term output wermnly shell warrant 11 PV Moduletai exhidie power output of lass than 90% of the original minimum rated power specified el the lime of sale within 10 years and less than 00% within 20 years after tho date of sale to tha Customer. The power output valuta shall be those measured under Kyocara's steadied measurement conditions. Regarding the warranty conditions In detail, pease refer to Warranty Issued by Kyocera) ELECTRICAL CHARACTERISTICS Current -Voltage characteristics of Photovoltaic Module K0130GT at various cell temperatures WMOW& Mnr,rwL' a e Z 3 a la T J) pau000 Current -Voltage characteristics at Photovoltaic Module KC130GT al various irradiance levels Cn11o.V. no NA'wm MOO 3 owlnq. geNlm' ware e 0 a) w!n0•m SPECIFICNHONS Physical Specifications ■ Specifications 05Nurncnlrurormwlce wooer atan0ar0 le ona 1.51G) .. Maximum Power rerun) t30W (+rah/-5%) Maximum Power Voltage Moore 17,6V MaXInlurn Power Current limier)) 7,39A Opon Circuit VSVo Wool 21.9V Short Circuit Current Ow) 6.02A Mex System Voltage 600V _____ —6,21 x l O- V/'C Temperature Coefficient of Voc T6rnperalure Coelllclent of Inc 3.16x10.3 Alt '61Fl4rmam ns,,m}sk ten5wava est Elootrlonl Porto as at 000W/m2, NOCT, AMi. Maximum Power (emcee 92W Maximum Power Voltage Ivmppl 15,5V Maximum Power Current limppl 5,94A Open Clrcul' Voltage (vac) 19.9V Short Clrcult Curleal Ow) 6,07A troct em*4nv eaaaa+o 00. rna OH 4 KC13QGT U011: nun MI rModu Module Chareptertetta9. i. Length x Wldlh X Depth Weight Cabin u151615r<nlhchodutte a6(1.�1 122kg(26,0Ihs,) It I80mm(2A,3nt(•I IBWmm[10.9n) JunotIon Box Charactorlsilea Length x Width X Depth IP Code 117fi1wI/5VJ'4fnun(iA7O)X6ra(bin) IP65 la Reduction o7 EAlclonoy ardor Low Irradiance Reduction I4,3% .. AnduIXEn at MUdaoty from an Lrandlence of 1080'WM 1o200W/m2 (mane temperature ?3t) Please contacl our office for furterin((1 C KY©EER2 KYOCERA Corporation �t KYOCERA Corporation Headquarters CORPORATE SOLAR ENERGY DIVISION 6 Takodo TOtledonwcho Fuelarrn•ku, Kyoto 912.8641, 4npnn TELt(81)75-604.3476 FAK,(81)76-804-3478 hint)/www,ky000ra oom o KYOCERA Solar, inc, 7812 Ecal Acoma Ottv4 Soottedala, A2 e0260, USA TE14(1)400.348-8003 or 1800)223.9580 FAX:(3)480.463-0431 hapXMnnakyoaaraaolaccom ▪ KYOCERA Solar do Brasil Ltda. Av. Gulgnord 60), Lola A 22790.900, Roorolo doa Bandeeantes. Rio do Janeiro. eroxii TEL:(56)21-2437,8026 FAAX:(65)21-2437.2339 hnpi/wvIw.ky0aeraaolar.0om.br * KYOCERA Solar Pty Ltd. Leval 3, 640ThIavarn Rood, Norih Ryde N.S.W. 2113, Australia TEL_(61)2.9870.3948 FAX(61)2-9880-9686 htlp:/rwww.kyocotaadlar tom,aot KYOCERA Fineceramics GmbH Rta Muller airman 107, 0.73730 EOsiingon, Germany TELa40)71143934.917 FAX:(491711-93934.960 htlp'dllwwwAyocmasolacdol e KYOCERA Asia Pacific Pte. Ltd. 298 TIong Bahra Road, 1113.03m5 7E4(06)6271.0500 FAX (66)427144600 • KYOCERA Asia Pacific Ltd. Room 801-802, Tower 1 South Soar Centre, 76 Hotly Road, Taln,ohataul East, Kowloon, Hong Kong 7E14(002)2-7237183 FAX:(052)2-7244601 KYOCERA Asia Pacific Ltd. Taipei Office 10 FL Ne.88, Nanking Wool Road, 7a1ppal, Taiwan TEL'.(866)2-2555.8609 FAX:(664)2,2859.4131 m KYOCERA(Tianjin) Sales & Trading Corporation 19F Tower 0 HoOlao eulldtng 8A GuangHua Rd., Chao Yang olatrrol. 0aginp 100020, CBlna TEL:(86)10-0583-2270 FAXt(88)10-0663.2260 Kyocera reSeNe0 the right l0 madly Mona specilkaitons ' 4 houi notice LIE11091(0703-SAOKM Autumn Sage GUIDE FEA'. (Sa lt Advanreed Seartil Etrawsts C dtutoit My Pioiil ttst f}Utien Resov'cts Plant search: ( Submit ) HOME II COMMON NAMES ti c ANF DFtAl Botanical Name: Salvia greggii Common Name(s): Autumn Saga Photographer; Susan Frommer Description: The autumn sage Is a hybrid evergreen shrub that grows 3-4 ft. high It has fragrant green leaves and colorful flowers that bloom In spring and summer. This evergreen shrub can tolerate sun or partial shade and Is hardy to 15 degrees F. The autumn sage Is drought tolerant and attracks hummingbirds. The flower colors that can be grown are: Coral, Pink, Purple, Red, and White, -Cornflower Farms Information by Gardensoft Notes: Planting Instructtons: 1, Dig a hole 2 times the width and 1 and 1/2 times the height of the container, 2. Set rootball at ground level, 3. Prepare soil mix of equal parts soli and soil amendment. 4, Backflll with amended soli, 5. Build Basin and water, Page 1 of 2 Home + California Friendly Garden Guide 111,fB ttit f Culture: Sun: Shade Water; Low Growth Rate: Moderate Hydrozones: #1 Soil Type: Sandy Soli Condltlon: Soil pH: Neutral Adverse Factors: N/A Design: Design Styles: Mediterranean Accenting Features: Fragrance Seasonal Interest: Winter Location Uses: Entry Special Uses: Full Attracts Wildlife: Hummingbirds Anatomy; Flower Color: Lavender Flower Season: Winter Leaf Color: Green Bark Color: N/A Fruit Color: N/A Fruit Season; N/A Fruit Type; N/A Find a Retailer http://www.bewaterwise.com/Gardensoft/plant description,aspx?Planf1D=2251 3/ 16/2011 Dusky Chief Flax Page 1 of 1 E FEATURES GW AJ o ged Sc ur'cii. Browse C;al;diofi My i'lotH Llsi CLetcisri Rrlsaurcr?S Plant search: Detail HOME II COMMON NAMES II PEANT BITAR Botanical Name: Phormium tenax'Dusky Chief' Common Neme(s): Dusky Chief Flax Photographer; Gardensoft Description: This plant will grow 5-10' high x 3.6' wide and has unique foliage that varies In color. It produces deep purple flowers that have a coral edge. Information by Gardensoft Notes: Great accent plant. Horne + cairornta Friendly Garden Guide rP+-;all hi tlrR I Culture: Sun: Half Water; Low Growth Rate: N/A Hydrozones: #1 Soil Type; Sandy Sall Condition: Soll pH; Neutral Adverse Factors: N/A Design: Design Styles: Mediterranean Accenting Features: Unusual Foliage Seasonal Interest: Winter Location Uses: Background Special Uses: Full Attracts Wildlife: N/A Anatomy: Flower Calory N/A Flower Season: N/A Leaf Color: Red Bark Color: N/A Fruit Color: N/A Fruit Season: N/A Fruit Type: N/A Find a Retailer Home 1 Garden Spot 1 Rebates 1 Events 1 Garden Guide 1 Contacts I Site Map All contents of the Garden Guide O 2003, Gardensoft http://www.bewaterwise,comlGardensoft/plant description.aspx?P1antID=24156 3/16/2011 OR HET FOR ENCROACHMENT' CITY OF NEUUPORT BEACH PUBLIC WORKS DEPARTMENT All Fees Are Non -Refundable Unless Otherwise Sfafed PROJECT ADDRESS: — PERMIT slyly 50,540i 9 APPLICfC,A{NnT: (G5) Mt?A T Permit Processing Fee: Public Works Only Other Department Agreement Fee: Preparation of ReporUAgreernenl Document Recordation Fee Monitoring Wells Street/Alley/Walk Closure: Traffic Control Plan Check 8-1/2" x 11" 24" x 36" Additional $ 229.00 $302.00 $853,00 $198.00 $469.00 $52.00 $52.00 $132.00 NUMBER: N2011- (Ay" Inspection Fee: Public Works Field Inspection Utilities Field Inspection General Services Inspection $146.00 $188.00 $146.00 Refundable Deposit: TBDr Improvements TBD Sewer Connection Fee 4TT Box & Cover $250.00 $51.20 r THE FOLLOWING ITEMS REQU REVENUE DIVISION PRIOR IRE APPROVAL FROM THE IRevenue Division TO PAYMENT OF FEES Approval: IVVater Meter: 3/4" Meter 1" Meter 1 1/2" Meter 2" Meter 3" Meter 4: Meter 6" Meter $145. $210. $390. $505. $857. $1,505. $2,505. 00 00 00 00 00 00 00 Qty. Connection Charge: Water Meter Boxes: For Parkway & Sidewalk Are 1" Meter: 17.60 + 13.80 2: Meter: 21,00 + 21.30 $160.00 Box + Cover = Cost) $31,40 $42.30 For Traffic & Alley Areas (Box + Cover = Cost) 1" Meter: 17,60 + 30.80 $48.40 2" Meter: 2'1.00 + 120.00 $141.00 Certificate of Compliance Fee (*100% of hrly over 3 hrs) Development Services Fee Final Tract Map Checking Fee Final Parcel Map Checking Fee - Simple Final Parcel Map Checking Fee - Moderate Final Parcel Map Checking Fee - Complex Lot Line Adjustment Fee Park Dedication Fee Street Easemt/Vacation Fee 1+100%of hrly over 4 hrs) Street TTree Fee ($700 Planting Fee) Zone $273.00 TBD $3,305.00 $354.00 $ 2,176.00 $3,305.00 $1,032.00 TBD $931.00 TBD Engineering Tech: 50ahl Total Amount Due: Receipt No. Public Works Specialist: y Budget Number 5200-5029 5200-5015 5200-5026 5200-5027 5200-5027 5200-5027 5200-5028 4310-470 5200-5031 030-2284 For Finance Use Only pool 7/1111) City of N :wport Beach (Checks only and New format) - Document Details Run Date: 07/11/2011, Batch #: 300, Sequence #: 115, Status: Completed, Routing #: 122000496, Account it; 2710024364, Check #: 6101, Check Amount: 865,00, Applied Arnountl 665,00, BiIlType: , BusinessNumber: , AmountDue: 0.00, LlcanseNumber: , 7uvolceNurnber: , Field6: 0,00, Heidi: 0.00 Front Image voucAxlvq esa Con solldated ater District Avanut • Caua Rasa, CA • 92422Jt20 nt•id2Y VAX Nit{ 324,W3$ Union Bank of California 16A9-6/1220 000006101 Government Serv,Ices SO rt740024361 455 S. Figueroa f/ Los Angeles, CA 90071 Jul 6, 2011 $865,0 to the Order of: CITY OF NEWPORT BEACH ar IN: Wn2NtutsVN 00 NEWPORT BLVO PC) 176B N •+RT BEACH, CA92656-B915 0400QQ10 00400 weak. le 0 ia�'liTOHCY lC9fA EYYYiCSP NoWAN'ailtaii I2:QY,1 Back Image 24452 Permit Number: Project Number: Job Address: Description: Owner Applicant : Date Paid: Notation: Description Payment ::cry OF NEV{/PORT' .BEAC.11. FINANCE DEPARIMMAI 3300 NEWPORT BI.AID, P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 N2011-0167 PA2010-048 C 1 ":T r r .a . i Today's Date :Oct 18, 2012 Receipt Number :R000024616 2119 (CS) BRISTOL ST NB INSTALL SCADA SYSTEM ON NORTHEAST CORNER OF BRISTOL STREET MESA MESA CONSOLIDATED WATER DISTRICT Jul 11, 2011 12:12 PM • ;" Total Paid : $865.00 lntkJ • • • • Payment Type -.Check Nuethei-..- FOR PLAN CHECKS ONLY: TARGET DATE: LOBS Tendered 5865,00 For status, please log on to www.newportbeachca.gov/bullding, and select PLAN CHECK STATUS or call (949) 644-3255 NOTICE: PLAN CHECK EXPIRES 180 DAYS FROM DATE OF SUBMITTAL Check a License - License Detail - Contractors State License Board Page 1 of 1 ;Gov PARTMENT OF CONSUMER AFFAIRS Contractors State License Bo-ard Contractor's License Detail e License # 458072 DISCLAIMER: A license status check provides Information taken from the CSLB license database. Before relying on this Information, you should be aware of the following limitations, ->; CSLB complaint disclosure is restricted by taw (UP 7124,6) If Ihls entity Is subject to public complaint disclosure, a link for complaint disclosure will appear below, Click on the link or button to obtain complaint and/or legal action Information, :'° Per B&P 7071,17 only construction related civil Judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor falls to comply with the terms of the arbitration. Due to workload, there may be relevant Information That has not yet been entered onto the Board's license database, Llcense Number Business information 458072 TESGO CONTROLS INC Business Phone Number: (916) 395-8800 P O BOX 299007 95829-9012 Entity Corporation, Issue Date .„,_.06/20/1984 O6/3012044, ACTIVE This license is current and active, All Information bel License Status Classifications Bonding or era'Compensation . C10 ELECTRICAL Extract Date 10/18/2012 hould be reviewed. toNTRA 81 0,1 This license filed a Contractor's Bond with INDEMNITY COMPANY OF CALIFORNIA. Bond Number 064257C Bond Amount: $12,500 Effective Date: 01/01/2007 Contractor's Bond History t 8 & 1. This license flied Bond of Qualifying Individual number 741665C for BROWN ANDREW WILLIAM In the amount of $12,500 with DEVELOPERS SURETY AND It`DEMNIjY COMPANY. Effective Date: 01/01/2007 Bars Bond History 8 Cust Page 1 of 1 Encompass Dot Acct. Type: License 11: Bus. ID: Name: Owner Name: Owner Phone: Owner Type: Exp, Date: S Addy: City, St, Zip: B Addrl: B Addr2: B Addr3: B Zip: Phone: FEIN; SEIN: Established: SIC: # of Emps: usr1: usr2: usr3: usr4: usr5: usr6: usr7: ail Business Tax BT30029327 0059422 TESCO CONTROLS INC ROBINSON, SETH 916-395-8800 C 9/30/2013 8440 FLORIN ROAD SACRAMENTO, CA 95828 PO BOX 299007 SACRAMENTO, CA 95829 916-395-8800 8097 0685504 9/1/2009 3571 -MFG OF ELECTRONIC COMPUTERS 0 450314 VARIOUS ELECTRICAL C 267661792 4 Contact: ???? Phone: ???? aidaa WEILOOS X r COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 3300 Newport Boulevard, Building C, Newport Beach, CA 92663 (9,19)644-3200 Fax: (949) 644-3229 PLANNING DIRECTOR ACTION LETTER March 4, 2011 Mesa Consolidated Water District Attn: Leanne Talbott 1965 Placentia Avenue Costa Mesa, CA 92627 Application No, Site Address Telecommunications Permit No, TP2010.007 (PA2010-048) 2119 Bristol Street On March 4, 2011, the Planning Director approved the above referenced application based on the findings and conditions in the attached action letter. On behalf of James W. Campbell, Acting Planning Director By: JWC/ems teffen, PIarinTechnician APPEAL PERIOD: The applicant may appeal the decision of the Planning Director to the City Council within 14 days of the action date. The City Council's action on appeals shall he final. For additional information on filing an appeal, contact the City Clerk at 949 644- 3005. Tmplt: 02/09/11 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 3300 Newport Boulevard, Building C, Newport Beach, CA 92663 (949) 644-3200 Fax; (949) 644-3229 www. newporl bcachca.gov PLANNING DIRECTOR ACTION LETTER APPLICATION: Telecom Permit No. TP2010-007 (PA2010-048) APPLICANT: Mesa Consolidated Water District LOCATION: 2119 (CS) Bristol Street LEGAL DESCRIPTION: Public Right -of -Way on Bristol Street near the northeast corner of Campus Drive and Bristol Street. PROJECT REQUEST AND DESCRIPTION Mesa Consolidated Water District (Mesa) has submitted an application requesting to Install a supervisory control and data acquisition (SCADA) system located in the public right-of-way (PROW) on Bristol Street near the northeast corner of Campus Drive and Bristol Street. The project would consist of a 24-inch long Yagi directional antenna attached horizontally to an existing traffic sign post, The sign post will be updgraded to a more sturdy, non -breakaway polo approximately 3.5 inches in diamater and moved approximiately 2 feet 4 inches from its current location to behind an existing guardrail. An existing Mesa -owned cabinet located adjacent to the sign post will be replaced with a new cabinet at the same slze and location to house the system's support equipment. DIRECTOR'S ACTION: Approved with Conditions — March 4, 2011 In approving this application, the Planning Director analyzed issues regarding compliance with Chapter 15.70 (Wireless Telecommunication Facilities) of the Newport Beach Municipal Code (NBMC), This approval is based on the findings and subject to the following conditions attached to this report. The Planning Director determined in this case that the proposed wireless telecommunications facility ("telecom facility") meets the provisions of Chapter 15.70 because the new antenna will be located on an existing traffic sign post, designed to blend in and be compatible with its surroundings; and any appurtenant equipment will be screened from public views behind new landscaping. ENCROACHMENT PERMIT An encroachment permit issued and approved by the Public Works Department shall be required to allow installation and construction of the project In the PROW. LICENSE AGREEMENT A license agreement issued and approved by the Revenue Division shall be required to allow installation and construction of the project on city owned property located within the PROW, APPEAL PERIOD The applicant may appeal the decision of the Planning Director to the City Council within 14 days of the action date, The City Council's action on appeals shall be final. For additional information on filing an appeal, contact the City Clerk at 949 644-3005. By ampbell, Acting Planning Attachments: Vicinity Map Findings and Conditions of Approval Site Plan & Elevations March 4, 2011 F.1Users\PLN\Shared\PA's\PAs - 20101PA2010-0481TP2010.007 Aclion.docx Page 2 Telecommunications Permit No. TP2010-007 PA2010-048 2119 Bristol Street (Public Right -Of -Way) March 4, 2011 F;\Users\PLN\Shared\PA's\PAs - 2010\PA2010-048\TP2010-007 Action.docx Page 3 FINDINGS AND CONDITIONS OF APPROVAL TP2010-007 (PA2010-048) FINDINGS 1. The telecommunications facility as proposed rneets the intent of Chapter 15.70 of the Newport Beach Municipal Code (NBMC), while ensuring public safety, reducing the visual effects of telecom equipment on public streetscapes, protecting scenic ocean and coastal views, and otheiwise mitigating the impacts of such facilities for the following reasons: The proposed telecom facility will not be detrimental to public health or safety because it will comply with the applicable rules, regulations, and standards of the Federal Communications Commission (FCC), the California Public Utilities Commission (CPUC), and the NBMC. The telecom facility will be located in the public right-of-way (PROW) on an existing traffic sign post and any future proposed facility to be located within 1,000 feet of the existing facility shall be required to co -locate on the same site to limit the adverse visual effects of proliferation of facilities in the City. a The 24-inch Yagi directional antenna is minimal in size, It will be painted white to match the existing sign and placed in a horizontal postion to reduce its visibility. To protect the facitiliy from potential vehicular damage, the sign post will be moved approximiately 2 feet 4 inches from its current location. it will be placed behind an existing guardrail and updgraded to a more sturdy, non - breakaway pole approximately 3.5 inches in diameter. The relocated sign post will meet site distance requirements. a The support equipment will not alter the existing appearance of the site as it will be located in a new above -ground cabinet replacing an existing cabinet of the same size and in the same location. Additionally, the cabinet will be screened from public views with new landscaping. The proposed facility will not have an effect on public streetscapes, or scenic ocean and coastal views because the facility is proposed to be installed on an existing sign post located in the PROW, and in an area where there are no scenic ocean or coastal views, 2. The telecommunications facility as proposed conforms to the technology, height, location and design standards for the following reasons: a Per Chapter 15.70 of the NBMC, the existing traffic sign post is a priority location for the installation of a telecom facility, Antennas are allowed to be installed on poles within the PROW at a height up to 35 feet. The March 4, 2011 F:1Users\PLN\Shared IPA's1PAs - 20101PA2010-0481TP2010.007 Action.docx Page 4 proposed antenna for the telecom facility will be closely mounted to the r,rtility pole at a height not to exceed 13 feet. The support equipment for the telecom facility will be screened from public view, as it wilt be placed in a new above -ground cabinet replacing an existing cabinet at the same size and location in the PROW adjacent to the sign post, Additionally, as conditioned, the cabinet will screened from public views with landscaping. The above -ground support equipment and power source located in the PROW will comply with the provisions of Title 13 of the NBMC and with all requirements of the American's with Disabilities Act (ADA). This project qualifies for an exemption from environmental review pursuant to Section 15303 (Class 3 New Construction or Conversion of Small Structures) of the Implementing Guidelines of the California Environmental Quality Act (CEQA), Class 3 consists of the installation of small new equipment and facilities in small structures, The proposed facility is a small structure that would be mounted on a existing traffic post, CONDITIONS 1. The development shall be in substantial conformance with the approved plot plan, antenna and equipment plans, and elevations, except as noted in the following conditions. 2, A single Yagi directional antenna for the telecom facility approved by this permit shall be closely mounted to the traffic sign post not to exceed a height of 13 feet and painted to match the color and texture of the utility pole on which it is mounted. 3, The existing sign post shall be replaced with a new, relocated sign post. The new sign post shall closely match the existing sign post, but deviations are allowed for the locations and diameter of the post as approved by the Public Works Department and Community Development Department as part of the Encroachment Permit application, 4. The relocated sign post construction shall satisfy California MUTCD 2010, Chapter 2A, Section 2A,19: "ground -mounted sign supports shall be breakaway, yielding, or shielded with a longitudinal barrier or crash cushion if within the clear zone." The two existing traffic signs on the existing post shall be transferred to the new, relocated sign post, 6. Any cables connecting the antenna to the support equipment associated with the facility shall run inside the sign post. March 4, 2011 F:\Users\PLN\Shared\PA's1PAs - 2010\PA2D10.0481TP2010-007 Action.docx Page 5 7. The final location and design of the power source for the proposed facility shall be reviewed and approved by the Public Worlss Department as part of the Encroachment Permit application, tt, The support equipment shall be screened and/or have a buffer landscaping, unless otherwise approved by the Community Development and Public Works Departments. 9. Landscaping plans showing that the site is adequately screened will be reviewed and approved as part of the Encroachment Permit application, which will be reviewed by both the Community Development and Public Works departments. 10. The specific size and location of the support equipment and all appurtenant above -grade equipment associated with the telecom facility shall be designed and installed to the satisfaction of the Public Works Department. 11. The location in which this facility is proposed Is not currently in an approved Underground Assessment District. In the future, if or when an Underground Assessment District is approved in this location, the applicant shall be required to relocate the facility underground, pursuant to Section 13.20.030 of the NBMC, 12. Anything not specifically approved by this Telecom Permit is not permitted and must be addressed In a separate and subsequent Telecom Permit application, 13. The telecom facility approved by this permit shall comply with all applicable rules, regulations and standards of the Federal Communications Commission (FCC), the California Public Utilities Commission (CPUC), and the NBMC. 14. The telecom facility shall comply with all regulations and requirements of the Uniform Building Code, Uniform Fire Code, Uniform Mechanical Code and National Electrical Code. All required permits shall be obtained prior to commencement of the construction. 15. Prior to the issuance of any building, mechanical and/or electrical permits, architectural drawings and structural design plans shall be submitted to the City of Newport Beach for review and approval by the applicable departments. A cop_y of this approval letter shall be incorporated into the drawings approved for the issuance of permits, 16, Appropriate information RF warning signs or plates shall be posted at the access locations and each transmitting antenna. The location of the information warning signs or plates shall be depicted on the plans submitted for construction penults. 17. The facility shall transmit and receive in the 900 MHz band. Any change or alteration to the frequency shall require prior review and approval of the Planning Director. March 4, 2011 F:1Users\PLN\Shared\PA's\PAs - 20101PA2010-0481TP2010-007 Action.docx Page 6 18. The applicant shall not prevent or otherwise interfere with the City of Newport Beach from having adequate spectrum capacity on the City's 800 MHz radio frequencies at any time. 19, No radio frequency (RF) compliance and radiation report is required unless the applicant exceeds the 100 watts ERP. 20. The applicant shall provide a "single point of contact" in its Engineering and Maintenance Departments that is monitored 24 hours per day to insure continuity on all interference issues, and to which interference problems may be reported. The name, telephone number, fax number and e-mail address of that person shall be provided to the Planning Department and Newport Beach Police Department's Support Services Commander prior to activation of the facility. 21, Should interference with the City's Public Safety radio equipment occur, radio transmissions from the facility shall immediately be suspended until the radio frequency is corrected and verification of the compliance is reported. 22. The applicant shall insure that the lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of the applicant to comply. 23. Should the approved telecom facility property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by the applicant. Failure by the current property owner or leasing agent to provide the required notice or failure of the assignees to unconditionally accept these conditions shall be a basis for the City to terminate this permit. 24. The telecom facility approved by the permit shall comply with any easements, covenants, conditions or restrictions on the underlying real property upon which the facility is located. 25, The telecom facility shall not be lighted except as deemed necessary by the Newport Beach Police Department for security lighting or for short periods at night when service of the facility is required. The night lighting shall be at the lowest intensity necessary for that purpose and such lighting shall be shielded so that direct rays do not shine on nearby properties. Prior to the final of building permits, the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm compliance with this condition. 26. The operator of the telecom facility shall maintain the facility in a manner consistent with the original approval of the facility. 27. The City reserves the right and jurisdiction to review and modify any telecom permit approved pursuant to Chapter 15.70 of the NBMC, including the conditions of approval, based on changed circumstances. The operator shall notify the Planning Department of any proposal to change the height or size of March 4, 2011 FaUsersIPLN\Shared\PA's\PAs - 20101PA2010-0481TP2010-007 Action.docx Page 7 the facility; increase the size, shape or number of antennas; change the facility's color or materials or location on the site; or increase the signal output above the maximum permissible exposure (NAPE) limits Imposed by the radio frequency emissions guidelines of the FCC, Any changed circumstance shall require the operator to apply for a modification of the original telecom permit and obtain the modified telecom permit prior to implementing any change. 28. This telecom permit may be modified or revoked by the City Council should they determine that the facility or operator has violated any law regulating the telecom facility or has failed to comply with the requirements of Chapter 15.70 of the NBMC, or this telecom permit. 29. If the applicant or subsequent owner intends to abandon or discontinue use of a telecom facility, he or she must notify the Planning Director by certified mail no less than 30 days prior to such action. The operator or property owner shall have 90 days from the date of abandonment or discontinuance to reactivate use of the facility, transfer the rights to use the facility to another operator, or remove the telecom facility and restore the site. 30. If any of the existing public improvements surrounding the site is damaged by the private work, new concrete sidewalk, curb and gutter, alley/street pavement, and other public improvements shall be required by the City at the time of private construction completion. Said determination and the extent of the repair work shall be made at the discretion of the Public Works Inspector. 31. The applicant shall protect all City landscape, trees, and irrigation in place. If any damage should occur, the contractor will be required to repair as directed by the General Services Department and guarantee work for a minimum of one (1) year, 32. The storage of all project related equipment shall not be located in the public right-of-way overnight. 33, All underground conduit/cable runs shall maintain a from City utilities, unless otherwise approved by City. nlmu iv a arance 34. A Public Works Encroachment Permit and Temporary Street Closure Permit are required for all work activities within the public right-of-way. These permits require: ® Construction plans providing a detail showing the antenna mounting on the sign post with the conduit and foundation information. Construction plans showing all existing utilities within the vicinity of the proposed telecom facility (i.e. gas, traffic signal, street light, water, sewer, etc.). • Landscape plans showing that the support equipment is adequately screened from public views. March 4, 2011 F:\Users\PLN\Shared\PA's\PAs • 2010\PA2010-048\TP2010-007 Action.docx Page 8 StructuralAAlind Calculations for the sign post taking into account the existing attachment and the new Yagi antenna. The calculations shall be signed/stamped by a California Registered Civil Engineer. A traffic control plan shall be submitted as part of the Temporary Street Closure Permit application. 35. All roadway trench, pothole, bore, and repairs shall be per City Standards STD- 105-L and STD-106-L, 36. Traffic and Pedestrian control shall be per WATCH (2006) or as directed by the Public Works Department. 37. This approval shall expire unless exercised within 24 months from the date of approval. 36. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or Indirectly) to City's approval of the Mesa Consolidated Water District Telecom Permit, including, but not limited to, Telecommunications Permit No, TP2010-007 (PA2010-048). This indemnification shall include, but not he limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses Incurred In connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties Initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City Incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition, March 4, 2011 F:\Users PLN\Shared\PA's\PAs - 2010\PA2010-048\TP2010-007 Action.docx Page 9 PA2010-048 for TP2010.007 2119 Bristol Street Mesa Consolidated Water District CONTOWED '3(1.)IdENTS rill? CONS1R!JCT1ON Gm USC u„0 ...w PAGE a OF a. 7E-2 CONFORMED DOCUMENTS FOR CONSTRUCTION FQOR rzmEY. ynv L KWS55 r x�rinin� rnr. nv W r v�a n mmvr r. wa rvw. mn�u ism m amaww rrm n mfro m 4um� 4�wn mwnwm ..w rrva luiav u+u u r! vbnwr n wmurarfrtwmran+n�aarw urwn nvm yp n anwrwu tura uranwN wvn .,�i �—W Lr 4+u vm vuo. t�nr�y(u�1:+ia wuw. n rrov nm v.�m IN�i��`u� maw u wmwr ��tW�viTau..y� �� wvinitr w __ ��a'w rn wmcw¢wJ APPROVED BY: ItArE Punning 00LLILl 0 2ooing AdmmoVata PleanNCommisston n City Coannn V) As etrbinined 00 At MOJfied Later La aResatunon ya.Jylpeval Latter / t atPgs AOPmve& Js? 2-- Date3/tT /i/ F2 10.04E t0rtP201O00T 1190010:0etl net Consalant+t WatataaVit 0 000E 6200 LIE aatateSta L-4 EXHIBIT C EXHIBIT C EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1.1 Provision of Insurance. Without limiting Company's indemnification of City, and prior to commencement of Work, Company shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 1.2 Acceptable Insurers, All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 1.3 Coverage Requirements. 1.3.1 Workers' Compensation Insurance. Company shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Company shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. 1.3.2 General Liability Insurance. Company shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under PROFESSIONAL SERVICES C-1 EXHIBIT C an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. 1.3.3 Automobile Liability Insurance. Company shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Company arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. 1.4 CompanyCompanyOther Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: 1.4.1 Waiver of Subrogation, All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Company or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Company hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subCompanys. 1.4.2 Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies, 1.4.3 Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. 1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 1.5 Additional Agreements Between the Parties. PROFESSIONAL SERVICES C-2 EXHIBIT C The parties hereby agree to the following: 1.5.1 Evidence of Insurance. Company shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 1.5.2 City's Right to Revise Requirements. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Company sixty (60) days advance written notice of such change. If such change results in substantial additional cost to the Company, the City and Company may renegotiate Contractor's compensation. 1.5.3 Enforcement of Contract Provisions. Company acknowledges and agrees that any actual or alleged failure on the part of the City to inform Company of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 1.5.4 Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 1.5.5 Self -insured Retentions, Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these requirements unless approved by City. 1.5.6 City Remedies for Non Compliance If Company or any subCompany fails to provide and maintain insurance as PROFESSIONAL SERVICES C-3 1 EXHIBIT C required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this agreement, or to suspend Company's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Company or reimbursed by Company upon demand. 1.5.7 Timely Notice of Claims. Company shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Company's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. 1.5.8 Company's Insurance. Company shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. PROFESSIONAL SERVICES C-4