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HomeMy WebLinkAboutCC Resolution 13630 (Install Microwave Antenna; GGHTD)RESOLUTION NO. 13630 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO SIGN THE COMMUNICATIONS SITE LICENSE AGREEMENT WITH GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT TO INSTALL MICROWAVE ANTENNA EQUIPMENT ON CITY OWNED PROPERTY. WHEREAS, the Golden Gate Bridge, Highway and Transportation District (GGBHTD) is seeking a communications site license agreement to install a microwave antenna on the City's Dollar Hill radio tower and is seeking to install associated equipment within the City's Dollar Hill radio tower structure for the purpose of providing additional video surveillance of the GGBHTD's Bettini's Center; and WHEREAS, GGBHTD shall operate and maintain all GGBHTD equipment in compliance with the Communication Site License Agreement; and NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Rafael authorizes the City Manager to sign the Communications Site Agreement with GGBHTD. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 21St day of October, 2013 by the following vote, to wit: AYES: COtJNCILMEMBERS: Connolly, Heller, McCullough & Mayor Phillips NOES: COt?NCILMEMBERS: None ABSENT: COUNCILMEMBERS: Colin ESTHER C. BEIRNE, City clerk - File No.: 06.01.2 16 COMMUNICATIONS SITE LICENSE AGREEMENT This Communications Site License Agreement ("Agreement") is entered into the day of �,�;p6 w . > , 2013, by and between the City of San Rafael, a municipal corporation ("the City" or "Licensor"), and the Golden Gate Bridge, Highway and Transportation District, a public agency ("GGBHTD" or "Licensee"). WHEREAS, GGBHTD is a public agency duly organized and operating pursuant to Part 3, Division 16, of the California Streets and Highways Code, and owns and manages the San Rafael Transit Center; and WHEREAS, GGBHTD wishes to install a security camera system on the San Rafael Transit Center premises and has agreed to provide the City's Police Department with access to data produced by that system, all for the protection of the public health, safety and welfare; and WHEREAS, in order to facilitate the operation of the San Rafael Transit Center security camera system, GGBHTD wishes to install microwave antenna equipment and associated support equipment on certain City -owned property described below; and WHEREAS, the City and GGBHTD desire to enter into a License Agreement to authorize GGBHTD's placement of such antenna and associated equipment on the City's property; NOW, THEREFORE the parties hereto agree, in consideration of the mutual covenants and obligations, to the terms and conditions hereinafter set forth as follows: 1. Licensed Provertv. The City is the owner of that certain real property located within the City of San Rafael, County of Marin, State of California, commonly known as "Mountain Park Reservation", also identified as Assessor's Parcel No. 011-051-02, and more particularly described in Exhibit "A" attached hereto and incorporated herein ("the Property—). The parties hereto acknowledge that other licenses. leases or easements for communication and other purposes may currently exist on the Property. The City hereby Licenses to GGBHTD and GGBHTD hereby- Licenses from the City, space on that portion of the Property depicted in Exhibit `'B", attached hereto and incorporated herein, together with the easements described hereinafter in paragraph 5 (the "License Space"). The License granted herein is subject to the terms. covenants, and conditions hereinafter set forth, and Licensee covenants, as a material part of this license, to keep and perform each and every term, covenant and condition of this I..icense Agreement. 2. LTsc. A. 'The City grants to GGBHTD, subject to the rights and privileges of current tenants and other grantees. the right and privilege to use the License Space for the sole purpose of installing, maintaining, securing and operating the equipment described and listed in the RF 51'7149.1 Fixed Wireless Link Site Survey Report and Installation Considerations dated May 3, 2013, attached hereto as Exhibit "C" and incorporated herein (collectively the "GGBHTD Communication Facilities"). The City further agrees not to hereafter grant a right to any other party for use of the Property or permit any other party to use the Property if such use would in any way adversely affect or interfere with GGBHTD's use of the License Space, or adversely interfere with the GGBHTD Communication Facilities, except for any uses by City or other parties now existing on the Property. B. This License Agreement is subject to Licensee obtaining all governmental licenses, permits and approvals required by federal, state or local governmental agencies, enabling GGBHTD to install and operate the GGBHTD Communication Facilities in the License Space as described herein, as applicable. The City agrees to cooperate with GGBHTD, at GGBHTD's expense, in making application for and obtaining all licenses, permits and any and all other necessary approvals that may be required for GGBHTD's intended use of the License Space. The GGBHTD Communication Facilities may be modified only upon written approval of the City, and obtaining any necessary City and other governmental permits. C. Installation, operation, and maintenance of the GGBHTD Communication Facilities shall be at GGBHTD's sole expense. D. GGBHTD shall keep the License Space free from hazards or risk to public health, safety or welfare, resulting from or in connection with GGBHTD's use. 3. Term and Option to Extend. A. Commencement Date and Term. The term of this Agreement shall commence on the date first hereinabove written and shall continue for a period of five (5) years thereafter. B. .Extension of Agreement. GGBHTD shall have the right to extend the term hereof for four (4) additional five (5) year periods, subject to all of the provisions of this Agreement, provided GGBHTD is not in default hereunder at the time it seeks to exercise the right to extend. GGBHTD shall notify City in writing of its intention to exercise extension rights at least sixty (60) days prior to expiration of the term, or any renewal term. 4. License Fee Payments. Based upon GGBHTD's status as a public agency and the use of the GGBHTD Communications Facilities for public safety purposes, the City has agreed to waive the license fees (normally required for any License Space) under this Agreement. 5. Access and Utility Easements. A. GGBHTD is hereby given a right-of-way, subject to the limitations, restrictions, covenants, conditions, leases. licenses and easements of record, for ingress 51714`). t and egress to the License Space over, upon, and across the existing unimproved roadway known as Robert Dollar Drive located on the Property and the City's adjacent Boyd Park Property, from the gate adjacent to the improved public roadway known as Robert Dollar Drive, for the erection, installation, maintenance, repair, replacement and removal of GGBHTD's Facilities (the "Access Easement"). GGBHTD also shall have access, supervised by the City, to the License Space over the existing paved portion of the roadway know as Robert Dollar Drive located on the Property, from the gate adjacent to Chula Vista Drive, when the access across the unimproved portion of Robert Dollar Drive connected to the public roadway known as Robert Dollar Drive is impassable. GGBHTD shall have the right to improve the Access Easement where necessary for its required uses upon written approval of the City and obtaining any necessary City permits or other governmental approvals. B. GGBHTD shall have the right to enter the Property for the purpose of making necessary inspections and engineering surveys, and other tests reasonably necessary to determine the suitability of the License Space for GGBHTD's Communication Facilities and for the purposes of preparing for the construction of the GGBHTD Communication Facilities. GGBHTD shall repair any damage to the Property caused by any tests performed and shall return the Property to the condition that existed prior to any tests. C. GGBHTD shall have access 24 -hours seven days -a -week to the Property for construction, installation, maintenance and repair of the License Space. GGBHTD shall cooperate with, and adhere to, the City's access and security rules designed to promote the security and integrity of the Property wherein the License Space is located; however, the City agrees not to unreasonably restrict entry to the License Space by authorized GGBHTD employees, agents, contractors and sub -contractors. D. In the event of an emergency that requires the City to conduct emergency repair work within, at, or near the License Space or GGBHTD's antennas, the City agrees to notify GGBHTD immediately and engage GGBHTD personnel in support of the emergency effort. E. Contacts for day-to-day operations under this Agreement are as follows: City: Street Maintenance Supervisor 111 Morphew, Street San Rafael, CA 94941 Tel., (415) 485-3373 GGBHTD: Communications and Electronics Supervisor Golden Gate Toll Plaza Electrical Shop Presidio Station POB 9044 San Francisco CA 94129-0601 Tel: (415) 923-2286 5177t44.1 6. Utilities at GGBHTD's Cost. In full payment of GGBHTD's electricity usage on the Property pursuant to this Agreement, GGBHTD shall pay to City the sum of $200 annually, payable in advance commencing upon execution of this Agreement and continuing thereafter on each anniversary of the commencement date during the term hereof The parties agree that the amount of such payment for electricity usage may be adjusted at the commencement of any extension of this Agreement pursuant to Section 3 above, to cover the reasonable costs to the City for such usage during the term of the extension. 7. Holdins4 Over. Should GGBHTD, with the City's written consent, continue to utilize the License Space or any portion thereof after the expiration of the last five (5) year term, GGBHTD shall continue to do so subject to all terms and conditions of this Agreement. 8. Notice. All notices or demands are deemed to be given or made when delivered in person or delivered by certified or registered mail, return receipt requested, postage prepaid United States mail, or by facsimile, and addressed to the respective parties as follows: CITY: City Manager City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 Fax: 415-459-2242 Phone: 415-485-3070 GGBHTD: Norma Jellison Property Development and Management Specialist Golden Gate Bridge Highway and Transportation District 1011 Andersen Drive San Rafael CA 94901-5318 (415)257-4564 rijellisonci,goldcngate.org With a copy to: Hanson Bridget LIP 425 Market St 26`]' Floor San Francisco CA 94105 Fax: 415-777-3200 Phone: 415-541-9366 4 5177149.1 The address to which any notice or demand may be given to either party may be changed by written notice. 9. Indemnification. With respect to the Property and except for the gross negligence or willful misconduct of the City or its agents, employees or contractors, GGBHTD shall defend, indemnify, release, and hold harmless the City, its officers, agents, employees, and volunteers, from any and all claims, obligations, liabilities, costs, demands, damages, expenses, suits or causes of action, judgments, or losses, including costs and reasonable attorneys' fees, which may arise out of the access, use, or occupancy of the Property by GGBHTD, or GGBHTD's officers, contractors, licensees, agents, employees, guests, invitees, or visitors in or about the License Space. The City shall not be liable for any loss or damage to persons or property sustained by GGBHTD or other persons, which may be caused by theft, or by any act or neglect of any other licensee, tenant or occupant of the Property, or by any Third Parties. The indemnity obligations hereunder survive the termination of this Agreement. GGBHTD shall defend, indemnify, release, and hold harmless the City, its officers, agents, employees, and volunteers, from any loss, liability or damage arising from any claim, action or proceeding seeking to attack, set aside, void or annul the City's approval of GGBHTD's use of the Property pursuant to this License Agreement and any other City permits or approvals related thereto. 10. GGBHTD's Right to Terminate. GGBHTD shall have the right to terminate this Agreement at any time upon the occurrence of any of the following events. A. Upon providing the City six (6) months advance written notice. B. Upon revocation, expiration or termination of necessary approvals of any agency, board, court or other governmental authority or third party for the construction and/or operation of the facilities or access thereto or if GGBHTD reasonably determines the cost of obtaining such approval is unfeasible. C. If GGBHTD reasonably determines that the License Space is not appropriate under GGBHTD's design or engineering specifications for its operation or that of the public safety and emergency radio system to which the facility belongs. 11. Citv`s Riglit to Terminate. City shall have the right to ten-ninate this Agreement at any time upon the occurrence; of any of the following: 4 5i'3i4').1 A. Failure by GGBHTD to comply with any material term, covenant or condition of this Agreement, if such failure is not cured to the reasonable satisfaction of City thirty (30) days after written notice thereof to GGBHTD. B. Upon providing GGBHTD thirty (30) days advance written notice. 12. Insurance. A. During the term of this Agreement, GGBHTD shall maintain, at no expense to City, the following insurance policies: 1. A comprehensive general liability insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property damage. 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million (51,000,000) dollars per occurrence. B. The insurance coverage required of GGBHTD by Paragraph 12. A., shall also meet the following requirements: 1. The insurance shall be primary with respect to any insurance or coverage maintained by City and shall not call upon City insurance or coverage for any contribution. 2. The insurance policies shall be endorsed for contractual liability and personal injury. 3. The insurance policies shall be specifically endorsed to include the City, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 4. GGBHTD shall provide to City's Risk Manager, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming City, its officers, agents, employees, and volunteers, as additional named insureds under the policies. 5. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon thirty (30) days written notice to City's Risk Manager. 6. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than three years. 6 5177149 1 7. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. S. The insurance shall be approved as to form and sufficiency by the City's Risk Manager and the City Attorney. C. If it employs any person, GGBHTD shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both Licensee and City against all liability for injuries to GGBHTD's officers and employees. D. GGBHTD may self -insure any or all of the above -required coverages, upon proof of adequately funded reserves, either through a shared pool of reserves or through its own reserves. Upon request of City, GGBHTD must provide City with a certificate evidencing self-insurance and evidence of the existence of sufficient reserves to fund the coverage levels required under this Permit. 13. Fixtures. The City agrees that no part of the improvements constructed, erected or placed by GGBHTD on the License Space shall be considered as being fixed to or a part of the City's real property, it being the specific intention of the City to agree that the GGBHTD Communications Facilities erected or placed by GGBHTD on the License Space shall be and remain the property of GGBHTD. At the expiration or termination of this Agreement, GGBHTD shall remove, at its sole expense, from the License Space any and all fixtures and improvements of every kind constructed and erected thereon. 14. Assignment. GGBHTD shall not voluntarily or by operation of law assign, transfer, license, or otherwise transfer or encumber all or any part of its interest in this Agreement without the City's prior written consent. Notwithstanding the foregoing, GGBHTD shall have the right to assign this Agreement, or license the License Space to any governmental entity that it controls, is controlled by, or is under common control with GGBHTD, or to any governmental entity resulting from merger or consolidation with GGBHTD, provided that such assignee assumes in hall all of GGBHTD's obligations under the Agreement and City is a full member of such assigned governmental entity. 15. Hazardous Materials. GGBHTD understands that the City has undertaken no internal investigation of its files, examination of its employees or testing of the License Space with respect to whether or not the License Space has been used for the generation, storage, treatment or disposal of hazardous materials (as defined in "I A through 15 E" below) and with the qualification the City represents that it has no present knowledge that the License Space has been so used in connection with hazardous materials. 51-7141).1 GGBHTD shall not use, store, or bring onto the Property or License Space, any hazardous materials except in accordance with all federal, state and local laws and regulations. In the event of leakage or spillage from any of GGBHTD's equipment or any vehicle under the control or custody of GGBHTD or any contractor or agent for GGBHTD, GGBHTD shall at its own expense promptly clean the City's Property and License Space to the reasonable satisfaction of the City, the Environmental Protection Agency and any public body having jurisdiction in the matter. Any expense of required compliance with federal, state or local environmental regulations incurred by the City or GGBHTD as a direct consequence of GGBHTD's use of the Property or the License Space shall be borne by GGBHTD, including any fines and judgments levied against the City. GGBHTD agrees that in the event the GGBHTD uses, stores, or brings onto the Property or License Space, any hazardous materials and such act(s) result(s) in damage or injury to the Property or License Space, or to the City, the City's employees, agents, or contractors, GGBHTD shall at its own expense, indemnify and hold City, or any of City"s employees, agents, or contractors harmless as a result of the damage or injury, including without limitation, to promptly clean City's Property to the reasonable satisfaction of City, the Environmental Protection Agency and any public body having jurisdiction in the matter. Any expense of required compliance with federal, state or local environmental regulations incurred as the result of the above mentioned acts by the GGBHTD shall be borne by the GGBHTD, including any fines and judgments levied against either party. The City agrees that in the event the City uses, stores, or brings onto the Property or License Space, any hazardous materials and such act(s) result(s) in damage or injury to GGBHTD, or any of GGBHTD's employees, agents, or contractors, the City, shall at its own expense, indemnify and hold GGBHTD, or any of GGBHTD's employees, agents, or contractors harmless as a result of the damage or injury, including without limitation, to promptly clean GGBHTD"s License Space to the reasonable satisfaction of GGBHTD, the Environmental Protection Agency and any public body having jurisdiction in the matter. Any expense of required compliance with federal, state or local environmental regulations incurred as the result of the above mentioned acts by the City shall be borne by the City, including any fines and judgments levied against either party. As used in this section, hazardous materials shall mean: A. "Hazardous substances" and "pollutants and contaminants" as defined in CE.RCLA, 42 I.1SC Sections 9601 (14) and (33) and regulations issued pursuant thereto, or their successors. B. 'Extremely hazardous substances, hazardous chemicals- and ``toxic chemicals" as defined in the Emergency Planning and Community Right to Know Act, 42 USC Sections 11002 (a), 11021(e), and 11023 (c), and regulations issued pursuant thereto, or their successors. 177149.1 C. "Hazardous chemicals" within the meaning of OSHA's Hazard Communication Rules, 29 CFR Section 1910.1200, or their successors. D. Any such materials regulated under state or local environmental laws and regulations similar to the foregoing federal authorities listed in A -C above, or their successors. E. Any materials not covered by, or exempted from, the sources listed in paragraphs A -D above or their successors, that may nevertheless pose a threat to the City's function as a public agency or to human health or welfare or to the environment including, without limitation, petroleum, including crude oil or any fraction thereof, and radon. 16. Interference. A. GGBHTD shall operate the GGBHTD Communication Facilities in a manner that will not cause radio interference to any and all of the City's current or equivalent replacement communications and related equipment on the Property or to the current or equivalent replacement communications and related equipment on the Property owned and operated by other City lessees, licensees, tenants, or invitees currently on the Property, provided that for such other lessees, licensees, tenants, or invitees their installations predate that of the GGBHTD Communications Facilities. In the event of any such interference, GGBHTD shall correct said interference to the satisfaction of City, within twelve (12) hours of City's written or telephonic notice to GGBHTD. In the event that GGBHTD is unable to correct such interference to City"s satisfaction within such time period, GGBHTD shall cease its operation of the GGBHTD Communication Facilities at the end of such time period until the cause of such interference is corrected to City's satisfaction. In addition, prior to making any equipment or frequency changes, GGBHTD shall submit plans for said changes to City for its review and approval. GGBHTD agrees to fund any studies required to ensure that any contemplated changes will be compatible with the City's telecommunications facilities. B. All operations by GGBHTD, the City and other lessees, licensees, tenants and invitees shall be in compliance with all Federal Communications Commission (-FCC-) requirements. Subsequent to the installation of the GGBHTD Communication Facilities, the City shall not grant further permits or other approvals to other third parties to install new equipment on the Property if such equipment is likely to cause interference with GGBHTD's operations. To insure that said future equipment does not cause interference, the City shall provide GGBfFIT) with notice of any proposed installation of communication antennas on the Property. Stich notice shall include technical information from the party proposing such installation sufficient for GGBHTD to determine whether the installation will interfere with GGBHTD's operation. GGBHTD shall advise the City within ten (10) business days of receipt of such notice whether, in GGBHTD's reasonable determination, the proposed use will cause any interference with the GGBHTD Communication Facilities. In the event interference from any such new installation 9 517714a.i occurs, the City agrees to take reasonable steps to eliminate such interference in a reasonable time period. 17. Damasze or Destruction. A. If during the term hereof, the License Space or any part thereof or any improvement constructed by GGBHTD on the License Space shall be damaged or destroyed from any cause whatsoever, other than the City's sole active negligence or willful misconduct, GGBHTD shall, at its sole cost and expense, repair, restore or rebuild the same in accordance with its condition prior to such damage or destruction or in accordance with any plans and specifications first approved in writing by the City after receiving all necessary third party approvals. In the event GGBHTD determines it is commercially infeasible to repair the GGBHTD Communications Facilities, it may elect to terminate this Agreement upon providing the City thirty (30) days advance written notice of its intention to do so. B. In the event GGBHTD elects to repair such damage or destruction, GGBHTD shall take all reasonable steps to obtain necessary permits and approvals within a reasonable time. Work shall commence within thirty (30) days after all permits and approvals are obtained and shall be completed with due diligence. All insurance proceeds collected for such damage or destruction shall be applied to the costs of such repairs and if such insurance proceeds shall be insufficient for such purposes, GGBHTD shall make up the deficiency out of its funds. The failure or refusal of GGBHTD to make the repairs or provide notice of its intention to terminate this Agreement as provided for herein shall constitute a default under the covenants and conditions of this Agreement and the City may at its option terminate this Agreement. In the event of any damage or destruction from any cause other than the City's sole active negligence or willful misconduct, GGBHTD shall not be entitled to compensation, damages or rebate in rent for loss of use of the GGBHTD Communications Facilities. 18. Merger. This Agreement contains all the agreements of the parties hereto and no prior agreements or understandings shall be effective or binding for any purpose. 19. Amendment or Modification. This Agreement may be amended or modified only by the mutual written consent of both parties hereto. 20. Time is of the Essence. Time is of the essence with respect to the performance of every provision of this Agreement in which time or performance is a factor. 10 �I771491 21. Mediation. Any dispute or claim in law or equity between the City and GGBHTD arising out of this agreement, if not resolved by informal negotiation between the parties, shall be mediated by referring it to the Superior Court of California, County of Marin, for assignment by the Presiding Judge for mediation, or to another mediator agreed to by the parties. Mediation shall consist of an informal, non-binding conference or conferences between the parties and the judge/mediator jointly, then in separate caucuses wherein the judge/mediator will seek to guide the parties to a resolution of the case. The mediation process shall continue until the case is resolved or until such time as the mediator makes a finding that there is no possibility of resolution. 22. Removal of Improvements Upon Expiration of Term or Termination of Agreement. Upon the expiration of the term of this Agreement or its termination as provided for herein by either party, GGBHTD shall remove all improvements constructed, erected or placed by GGBHTD on the License Space at its sole cost and restore the License Space and the Property to its original condition existing as of the Commencement Date save and except normal wear and tear. 23. Condemnation. If a condemning authority takes all of the City's property or a portion sufficient to render the License Space unsuitable for GGBHTD's use, GGBHTD may terminate the License as of the date when possession is delivered to the condemning authority. In any condemnation proceeding GGBHTD shall be entitled to make a claim against the condemning authority for just compensation including the value of GGBHTD's Communications Facility if not removed, moving expenses, prepaid rent, business dislocation expenses, bonus value of this Agreement and any other amounts recoverable under condemnation law. Sale of all or a portion of the License Space to a purchaser with the power of eminent domain in the face of the exercise of its power of eminent domain shall be treated as a taking by a condemning authority. 24. Equipment Installation. A. Neither initial nor subsequent construction shall commence on the site until the City Engineer approves the equipment installation plans. Installation shall be defined to include any equipment installed on the tower or in the building that risibly changes the License Space. To obtain City Engineer approval, the GGBHTD shall submit; an aerial of the site showing the City's tower and the City and Marin Emergency Radio Authority (NMERA) buildings (to become part of Exhibit -13"); 11 51'77149.1 • the site plan showing the location of the District's two microwave antennas on the City's existing tower; • the site plan showing the District's radio units (RUs) on the rack in the existing City building (this site plan and above site plan become part of Exhibit "B"); • the RF Fixed Wireless Link Site Survey Report and Installation Considerations, dated May 3, 2013, F1exPort Antenna Spec Sheet and BridgeWave Antenna Spec Sheet (to become Exhibit "C"); • the electrical power hookup plan; • District's electrical engineer shall provide a signed and dated letter, after examining the available power to this facility to determine if adding the selected equipment will overload the existing service, stating that the equipment installation will or will not overload the existing service. If modifications are necessary, District shall be responsible for any modifications; • a Non Interference Letter from the Marin Emergency Radio Authority (MERA); • a structural analysis showing District's microwave antennas will not overload the existing tower. B. GGBHTD shall notify the City ten (10) business days prior to commencing any construction to the site. The City's Assistant Public Works Director/City Engineer will review the above equipment installation information and provide comments and approvals to the District to allow construction to proceed in accordance with required notice. C. All construction will be subject to reasonable inspection by the City. 25. Applicable Law. This Agreement, which is governed by the laws of the State of California, applies to and binds the successors, and assigns of the parties. 26. Inspection. City shall be entitled to enter the License Space at any time to inspect the GGBHTD Communication Facilities for compliance with the terms of this Agreement, and with all applicable Federal, state, and local governmental regulations. 27. City Retention of Rights. City retains the right to use the License Space during the term of this Agreement for any purpose that does not interfere with GGBHTD's use of the License Space as provided herein. 12 5177149.1 28. Acceptance of Condition of License Space. GGBHTD shall accept use of the License Space in an "as is" condition, with no warranty, express or implied, as to the condition of the License Space, including its suitability for the use intended by GGBHTD. 29. Co -Location. Should the City or any other parties with existing comrriunication and related equipment on the Property seek to relocate such equipment on the Property, GGBHTD shall facilitate the reasonable co -location of such equipment (or equivalent replacement equipment) on the Communication Facilities located in the License Space, including the co -location of antennas on GGBHTD's tower, subject to the City or the other parties obtaining any City or other governmental permits or approvals as may be necessary for such relocation. In the event of the co -location of such existing (or replacement) equipment, the provisions of Paragraph 17 shall continue to apply. Such co -location shall not require any payment to GGBHTD. GGBHTD shall have no obligation for maintenance of any co -located equipment, but shall permit access to such equipment at all times for maintenance by the party owning such equipment. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. LICENSOR: THE CITY OF SAN RAFAEL, a municipal corporation NANCY VIACKLE City Manager Date: APPROVED AS TO FORM: ROBERT F. EPSTEfST City Attorney ATTEST: ESTHER BEIRNE City- Clerk 13 i(?;149.1 LICENSEE: GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT DENIS J. MULLIGAN General Manager Date:.. 14 APPROVED AS TO FORM: Attorney for the District 51771411.1 EXHIBIT A This Exhibit "A" is attached to and made a part of that certain Communications Site License Agreement by and between the City of San Rafael, as Licensor, and the Golden Gate Bridge, Highway and Transportation District, as Licensee. Assessor's Parcel No: 011-051-02 15 EXHIBIT B This Exhibit `B" is attached to and made a part of that certain Communications Site License Agreement by and between the City of San Rafael, as Licensor, and the Golden Gate Bridge, Highway and Transportation District, as Licensee, and consists of: • Aerial Map of Dollar Hill Tower site location; • Aerial of City's Building and Tower and MERA Building; • Site plan showing the location of the District's 2 microwave antennas on the existing City tower; • Site plan showing the District's radio units (RUs) on the rack in the existing City building SEE ATTACHED DIAGRAMS CONSISTING OF FOUR (4) PAGES IC 1z 177,141) 0 N aj Q Q m ° a p ° N p o a w IIS v EXHIBIT C RF Fixed Wireless Link Site Survey Report and Installation Considerations, dated May 3, 2013 by System Support Solutions/BridgeWave FlexPort Antenna Spec Sheet and BridgeWave Antenna Spec Sheet 1? >i 77140. ft i vo Site Survey Report Prepared for: Golden Gate Bridge District By: Jon Von Rentzell For the attention of: Daniel Hess ,25 Page 1 of 12 Into,mation in this document contains trade secrets andfor proprietary information of System Support Solutions, fric, Disclosure of this publication to non-Goiden Gate Bridge District personnel is absolutely prohibted without express written permission of System Support Solutions, inc, CcD 2013 " "AV, a Y`TpV1 """�JPP^RT `30LUTONS Subject: RF Fixed Wireless Link Site Survey Report and Installation Considerations Date: May 3, 2013 Svstern Support Solutions staff Present: Stefan Hartung (on-site), Jon Von Rentzell (Virtual) Comoanv Staff Present: Lance Retick (on-site), Daniel Hess (requestor) Purpose: Data (99.9% or better average availability required) Map of general equipment locations, link distance and orientation Purpose Dhf'.:rnt:l l:oxiilvcii,,Tv hctv, ccil the RuEtc!1 lrari,zzn, �, , ( '� th-, fiAl R,,iLwl acid ilic Rus DArpoil_ C0111'C"114W. 11,;.fv ;-en di, fran.,�C and Th'e Ila-, Dv1po., cni duk: �" line o' I "U,: "It"I4�t Of ?tti. s"OV- Bw, Dvp(A I D- dac 'A '122 30' 11,54" f ("_rater ('-;".In R-7� u �m' s' I fA F E i3i ­ U! V',S K AA N U "x:'3'08 (,"952 '0, 7 11 "1 Page 2 of 12 Information in this document contains trade secrets and/or proprietary information of System Support Solutions, Inc. Disclosure of th;s publication to non -Golden Gate Bridge District personnel is absolutely prohibited without express written permission of System Support Solutions, Inc. 9- 2013 i". �J. c V'v i.!i 'v e M 0 1 D P n �I'T i ('T I N` S )TE' O'JI Jr,"t •�)ULUQC Line of Sight Lille (--)f,,I,,ht benveen the end points lias been verified and the Installation locations indicated in the pictures bele vv provide for excellent line of sight between the end points.t" Link Page 3 of 12 information in th,s document contains trade secrets and/or proprietary information of System Support Solutions, (no. Disclosure of this publication to non -Golden Gate Bridge District personnel is absolutely prohibited without express written tiermission of System Support Solutions, inc. 2013 SYS17i OVI, SUPPOP-11- 9OLU Site A ,,V 12 2 1, 4" Detailed Site Ground Level View. Uk", 11; )qoz i I )- b ., rl Ci e V I,, SA S a • C I's MI ?,t U 3A 5;5 3 101, 7a 5 � 'il I Page 4 of 12 information in this document contains trade secrets and/or proprietary information of Systern Support Solutions, inc. Disclosure of this publication to nor. -Golden Gate Bridge District personnel is absolutely prohibited without express written permission of System Support Solutions, inc, <72013 S"Y('"TEM ',_`UP,P01RT S!,.JLUTKN"3 Site B flsln RjfJCi. I,--) VI" 122 .10 4- rz I 1 "3., t� 125 CT, 13 M?V ­ USA Page 5 of 12 Information in this document contains trade secrets and or proprietary information of System Support Solutions inc. Disclosure of this publ;cation to nor. -Golder, Gate Bridge District personnel is absolutely prohibited without express written permission of System Support Solutions, Inc. 0',, 2013 o STFM SUPPORT SCU Ti NS i r Site C S,M RaLIC! CitvmuIled Tovkci iiia Hi I Isidv iRol-,! Dollaw Dri6 N' '17 58 4S,S- \X 122' 31 ' 45 6 E! - ",*,-L'�VSK A- VIN — ,JSA, !�51,1 8 -11 1, Page 6 of 12 Information in this document contains trade secrets and/or proprietary information of System Support Solutions, Inc, Disclosure of this publication to non -Golden Gate Bridge District personnel is absolutely prohibited without express written permission of System Support Solutions, Ina. 2013 i, 1,M aIle kd� i Js ',,L� i Link Availability A i1%1 alio} pfo�i�,,, VI I .:k ,i,,','Y Site A to Site C -5 2 C 4 2 L,;4;tk 6 3J r7 2 7C P, Lr 2 2 0 C C J 4a. V I : t. L '4 aR6 , i'^ r % !;, K Ik -1. .1 ' UZtA Page 7 of 12 Cvn NJ' W.M� 1 -1 5 16 Ii R e 0 Z, 'r 40.65' lnformatlon in this document contains trade secrets andi'or proprietary Information of System Support Solutions, inc. Disclosure of this publication to non -Golden Gate Bridge District personnel is absolutely prohibited without express written permission of System Support Solutions, Inc. �J 20113 ZZ S"Y'Sr!'EM SOLUTOINS" E3,fA VE 4, Page 8 of 12 information in this document wntains trade secrets and/or proprietary information of Systern Support Solutions, inc. Disclosure of this publication to non -Golden Gate Bridge District personnel is absolutely prohibited without express written permission of System Support Solutions. Inc. C5 2013 40 i-, E3,fA VE 4, Page 8 of 12 information in this document wntains trade secrets and/or proprietary information of Systern Support Solutions, inc. Disclosure of this publication to non -Golden Gate Bridge District personnel is absolutely prohibited without express written permission of System Support Solutions. Inc. C5 2013 G J Vv STER, SUPPORIF SOLUM�'ONS)' Link Availability .R t 12,1 % 1311" mo �ei ynhn,,!d v iih ',,R I M"'A,% Lrlon t•.e u. i ;;1 J, 0,Ri,. ­'! g >3 siA,t. a Page 9 of 12 information in this document contains trade secrets and'or proprietary information of System Support Solutions, Inc, Dtsdosure of this publication to non -Golden Gate Bridge District personnel is absolutely prohibited without express writter, permission of System Supoort Sotutions, Inc. 2013 Site B to Site C ------- W 200 100 C.CE C 10 1� x.25 C.30 0 }5 3 4C C',4 3 150 C 6 A -5 TO Center go" a" aa` Ci �4 Lavtuii� 37 :5 15 1� K 33 LaCTJ,�� 37 R .1a,310, N 1 Lcngt�z� :Z 3 2 1 5C V11 06 F1 �15 arg,TUC,e L, i : " tis 6 C VV � 22 ,kz�fs,eth 22' 4zi:IUtl. ?32,21' ­ =!:,LGr ASL E1CVa!,O;" Ft ASL P-,,!G1tna CL 'S C ft A.G_ Ailtennl CL 2, -2, ft AGL g >3 siA,t. a Page 9 of 12 information in this document contains trade secrets and'or proprietary information of System Support Solutions, Inc, Dtsdosure of this publication to non -Golden Gate Bridge District personnel is absolutely prohibited without express writter, permission of System Supoort Sotutions, Inc. 2013 YyA INYST[�� IIIJ PCT I 'D P '.RT A.'j � lK]N!_,' N U ,41, ", 55,34 1 2,l 74 5, ", I I I U25 C" Page 10 of 12 information in th;s document contains trade secrets and/or proprietary information of System Support Solutions !nc. Disclosure of this publication to non --Golden Gate Bridge District personnet, is absoluteiy prohibited without express written permission of System Support Solutions, inc. (Cc 2013 LJ JTtl 1,\ L ' Y"S"T90 SUPPORT SOL Product Recommendation I hc rc�:otnii'.ieiidouoi� €(,r thIS in,wlkolotI 114 to w;C m" 'ARMIN IHA. too th: shotlQr dt"tancC to ihe tMIXIMUM 11M1"1bQr ofkk.k: fliik,� ""thin lik m.-tv, cwk� (a (_A:1S0\ iN ould Cio ihioh i, ftiu the kni��cv link a 11a:Nv P-n-ldlia Is ui'Ccs.;:a! y, hLre v,,'v would rkconmend f'P2.- whit 2fl, ;lntorma,, --- -- _77 7.3 sal -i R at QI Hill N R ,,, � �' i�). W R ant�xna AlpR� atl -ate Qn-a-b-Lci 100N1f)j)sj_'A1,) moje 99AP)T� 2 t Saa Rz., ;cl ffi,111 biEa_D,:, F P 2 00" 2't i'Njj�)p' 1' 1) S" Page 11 of 12 Information in this document contains trade secrets andlor proprietary ;nfoni-.atiori of System Support Solutions, Inc. Disclosure of this publication to non -Golden Gate. Bridge District personnel is absolutely prohibited without express written permission of System Support Solutions, Inc fti, 201.3 ,i s;. )TrA JS iU !C"1N ' Pre -Installation requirements for Golden Gate Bridqe District: (Note: when completed, please check -off, sign and fax to 419-793-8255, Attn: Jon Von Rentzell) IP addressing (IP, Subnet, Gateway) for mgt. provided to System Support Solutions Fiber J -Boxes installed E, Fiber optic cabling installed Fiber optic cabling tested CAT5 cabling installed CAT5 cabling tested C Two Pair 12 AWG copper pair installed for BridgeWave transceivers 110VAC UPS protected power outlets available in building for 110VAC/24VDC inverters Appropriate switch interfaces installed (100013aseSX GigE FO MM 850nm each side). All keys, permissions, ladders, etc. available onsite Verified by: Please note: Date: If cabling is not installed and certified prior to the deployment, the link(s) will be installed and certified, but connectivity down to the premise equipment will be customer responsibility. Often, issues arise that could have been more effectively identified if switch -to -switch connectivity could have been verified while we were on site. If site access issues, lack of power in close proximity, or other customer responsibilities cause significant delays, an additional day of on-site time will be billed ($1,200) plus actual travel cost increases (up to approximately $500 for air re -ticketing + room + car). It is better to reschedule your installation appointment rather than install prior to completion of the above listed customer tasks. If rescheduling becomes necessary, you must advise us of your schedule change a minimum of 5 business days prior to your installation date. You will then normally only be responsible for air re -ticketing costs. usually $100 .125 10 �V ,.y.,d hei �; ;�,5,:',� �4'n -�'p y':��4 �iYaG'! 74'5111, Page 12 of 12 i Infonx ation in this document contains trade secrets and/or proprietary information of System Support Solutions. !nc. Disclosure of this publication to non -Golden Gate Bridge District personnel is absolutely prohibited without express written permission of System Support Solutions, Inc u 2013 "°" k p}h? C..,. h'f i�B,R��+.1 BridgeWave is the leading supplier of gigabit RF connectivity solutions for service provider, government, military and enterprise applications. BridgeWave Gigabit Ethernet links extend" f ' network operator fiber to provide high-capacity access and backhaul, as well as extending enterprise LANs between buildings and sites. PERFORMANCE: Full rate, full duplex, Gigabit or Fast Ethernet AdaptRate switching overcomes rain downpours AdaptPath provides secondary path switching for maximum service availability Interference -free operation enabling high-density deployments Simple, fast path licensing Low latency for fiber -equivalent performance Forward Error Correction provides maximum link range Server centralization, remote data storage and backup, leased line replacement. Secure, HIPAA-compliant connectivity, medical office, lab network access, real-time imaging & records, application connectivity. High-performance campus connectivity, wi-Fi and security camera backbone. Video surveftme systems, traffic control and monitoring, Wi-Fi14.90z backhaul High-capacity business services, fiber extensions, ceflularN,5-WMAX backhaul, redundant fiber overlays, mesh. SECURITY: g Highly secure narrow beamwidth antennas Secure Management software option provides HTTPS management access and RADIUS authentication (see Advanced Security datasheet) AES Encryption hardware option provides the ultimate level of full line -rate data protection (see Advanced Security datasheet) RELIABILITY: Rigorous HALT/HASS testing; 28 -Year MTBF Up to 99.999%, carrier -grade availability EASE-OF-USE: Connects directly to standard network equipment All -outdoor, compact design Low voltage power cabling Rapid & flexible deployment Embedded web and SNMP based network management agent Up to 5 Miles Future -proof full -rate gigabit backhaul for next generation dG/LTVWNAX backhaul. Up to 7 Miles Operating Mode 1000 Mbps full -duplex, 100 Mbps full -duplex, 1000/100 Mbps AdaptRate AdaptRoto Nort"'atOPeratiOn IDOO Mops tPot4fade-010de. lWMbPS tSecondary ht*- Dependent of -user supplied producttaiwilitlity -and AdaptPath - - ------- switching time., < 60 milliseconds Switching AdWRate switch point: -57-dft I =53 d8m - Adapftth switch point Cordigiturable 1000 Mbps 100 Mbps 1000 Mbps 100 Mbps Oata Role 1000 Mbps full duplex -10OAPBs-full duplex 1000 Mops full duplex 100 MW full duplex Latency < 40 uSoc < 220 uSec < 40 uSec < 220 uSec Link Budget 17246 Q 10�12 BER 189 dB @ 102 HER t86d6 010-17 BER 197 d8 @-WJ2 BER 174 dB 01" 8EFt 1185 d8 010-6 BER 188dg@10-60ER 199 d8 @ 10-6 BEA RF Interface 72.5 GHz/82.5 GHz (FDO), digitally modulated (BFSK) with forward error correction RS(204,188) 1,4 GHz bandwidth 285 MHz bandwidth 1.4 GHz bandwidth 285 MHz bandwidth Min. fink distance 328 ft (100 in) Min. link distance 1,312 ft (400 in) --------- - ----- - -- -' --------- --- - - - --- -- 256- ---------- 256-Bit AES Encryption option (see Advanced Security datasheet for details) Antenna External 12 in (31 cm) directional casseWain External 24 in (62 cm) directional cassegrala Umear polarized (IM, 44 dKi gain, 0.9' beam Linear polarized (H/V), 51 dBit gains 0.41 boom Ethernet 1 000base-SX with LC connectors - up to 270 m 62.5/1 25pm MMF, or 500 in 50/125pm MMF Interfaces 10/100base-TX with RJ -45 connector (with integral surge suppressor) - up to 100 in CA175 cable ---------- . .... .. Maximum Ethernet frame length: 1632 bytes Management Web -based #iTM4 embedded management agent. setup, security, status, statistics, software update Secure Management Access (ne Advanced Security datasheet for details) SHMP support: M18-11 and BridgeWaveentetprise MIB Voltmeter test points: Receive Signal Level and link Duality RADIUS Authentication, Sys!Log support Power Supplied 100 - 240 VAG input, +24 VOC output, indoor rated power supply (0°C to +40*C). 45 wafts max. consumption -48 VDC input option with user supplied power supply, 45 wafts max. consumption Max. cable length: 650 It (200 m) With 12AWG 400 ft (125 in) with 14AW6, stranded wires highly recommended (surge suppressor required) Mount Fine :adjust pole mount 3.5-4Z in (8.9-11,4 cm) 00 -- SCH40 or higher Fine-aTjust pole mount, 3,5-4.5 in (8.9-41A cm)OD - SCH40 or higher Size Radio/antenna unit 20 w * 14 h * 10 d (in) / 50 w 36 h 25 d (cm) Radio with antenna and mount 24 w * 24 h * 20 d (in) 162 w 62 h 50 d (cm) Weight Radio with antenna and mount -22 Ilis (10 kg) Radio with antenna and mount 38.5 IN (17,5 kg) Environmental Operating temperature: -33 to +55 *C (-27 to 131 'F) Operating attitude: 14,764 ft maximum (4,500 in) Wind Loading 46 fb% force a 125 MPH 202 Jbs. force @ 125 MPH Regulatory Safety: UL Listed, CE Mark, EN60950, meets FCC 1.1310 general population RF MPE limits RF Certifications: EN302217 (2008-1 1), U.S. FCC Part 15.255 Install Kit Voltmeter test cable, power connectors l3sl".;Y;"'--w'�'4! :'%V 11?k WO be Go` 7 The FlexPortt` family of high capacity millimeter wave radios offers carriers, service providers, government and enterprise users the ultimate flexibility in an access and aggre gatiortibackh all I solution for today's network& 4 The FPI 8 and FP23 microwave radio systems have been designed specifically to meet the requirements of operators, carriers, and service providers requiring full -rate gigabit coianectivity in a single, compact, all -outdoor enclosure, FP1 8 and FP23 accomplish this through an inflovative approach in aggregating multiple RF chiannels without the need U additional hardware as with other lower licensed frequency band products, This helps ease installation and maintenance Posts on the network by offering only one device to install and manage, providing toe user with a highly -reliable. fully integrated backhaul solution. Br;dgeWave is the market leader in providing highly r0able high rapacity wireless solutions fur next generifion 4G networks, The RexPort family of products leverages our expertise in designing and bringing to market carrier -class millimeter wave and 'Microwave :solutions that ha,,;,e been accepted, and used in thousards of installations worldwide, rcd4n6aril, fiher ovelays, mesh. Higrf-perfarmanec campus; Cnpnucrivhy, Vii+ it security famera bi%kbene S�np� fcinlrarizAg", mmoa, r,"'eta s ")I z bx,klm, teased Itna "FOammagi , �"ems, 11-affir, rmtrfi and moddoOng. Wi-Fj,��,KHZ backb&A, qffice, Wnftorkfrmxs& seal-tjmg imaging rerds, aWII,,,Afn canrft?,61,ivity. Full -rate, full-duplpx gigabit Ethernet trar?sm, ission internal 5 -pet gigamit Ethernet Switch Low latency IgOr fiber-equilllalen� Perfof Marice, Insioliative RII: Channell aggregation yields Uue GiqE thmLighpul OPS K -- 2`56CIAM mG6:,;gP deskm allows fiextlilfty in link piwirling Optional FIPS-Cei1ified 2$b 6-q AES Encryp"i"It.1 All -outdoor desiari Field-pluggable SFPs available trr t h mufti-niode, single mode, or copper interfaces Web based & SMVP mopagerient Based on proven design — thousands of full -rate GigEE millimeter wave terminals installed Rigorous HALT/HASS testing Up to 99.999% carrier -grade availability v Less hardvifare to instail Yian otler Inicrowave systems Lovve4 dollar Per rpegahit total cost 9! Offi"nersim] Smaller & ligiP te!ttiao suhAions req,uirin? ivio 01"2LS and Corribiners No tower clirno tof, upgrades Frequency Range 17,7 - 19.7 GHz 212 - 216 GHz VR Spacing: 1,560 MHz IA Spacing; 1,2W Wx 110a Raw-& 640AM, IPi2W40815M.1760 ?56Q Aft 25D/n Y544")%71iOM T lrarfsfnitter Power QPSK +25 d6m MOM -21 d6I-0 Output - ------- 160AM: 24 d8m 12BOAM: +99 dBm 320AM: 43 d6m 256GAM +17 dft 9-a aE times ',-W,'�79,4771-76j-74 dBtjn MAM, -M-67,1-661441,6i 46'm `44 �MAW ! 3r 7i Min 320w. 7 iJ4t)4-684 '416s d" Flhwilet. tntertaea Fast Etlterttet t4 Giganif Etthemvt pe> ?FTF 302.3, Onv AJ -45 {GA ie) 1000MOW gas%,, -T supporis One rate spuds up to gigvbit Fthernet Up trl 4!iald Ouqqable SPS mUltinlou&, U -SX% SM91e afade ;A.Xinr copoet (J) ister!acos 1 I'M W NPAwnt4fino Qtfafity nfSpflfice Support uptc 40921LANs Schedule: 8 queimi Mowing user conn-Mrable StrIO Pnoffty of SNIned aefirit WesgMed Round Bodo 'ISIDMRi PA'ximm E;hprnetname length; pzcket": tip to 10,00 wies Pf*-park' Rate, Limiting otil a -'�*Mab wet fIfT-mi P olail'ausm, systim MN� 3164, -FG 3a1 event saporRAOMS , iifet �"V non (?eqamanca ule"Iet am w sw—lah 'unk Q M2.1 fjtfIt k4am� jenjetit ' - - I— seutirily Optiom FOIS cerOod 256 -bit MS Encryption (eyoor! wotrulled) 48 VOinput, -37;5y W =Mi fango, porW i.,cmimp1m. supparti, aft ldaw'rk' ano"Erpo w a r ftTf'i sat, & Weigh i I LT dax 7.25' d (3i;.2 t;m x 184 cm): V tbs,16.3,4g) Invimim"earM Operarinq tars per w �i 41W.G (-2 EN wotfiq (I Operating Altitude, 4-'5'xO m t 4.7fit: ft) wmor 4hwrss. IM lul- Li;: tori, Ff'c .3,f 0 fiopvAatinil RF M, T lvmi� PP'el�ficMior:6 ij.s, FCC Nfl It -I ssl I' II, CA ,d se QP 283107 AC<>1?L> CERTIFICATE OF LIABILITY INSURANCE I DAT 8122/20/3 8/22/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Commercial Lines - (650) 413-4200 PHONE FAX -- - .Wcj No, Ext)_- - - - ---_ _- ---__------ -- to/C, No):- - --- --- - - ---- - - Wells Fargo Insurance Services USA, Inc. - CA Lie#: OD08408 E-MAIL ADDRESS: 959 Skyway Road INSURERSAFFORDING COVERAGE NAIC # San Carlos, CA 94070 INSURERA: Starr Indemnity and Liability Company 38318 INSURED--- -----_----- ---- INSURER B: SafetyNational CasualtyCorporation 15105 Golden Gate Bridge Highway INSURER C & Transportation District,Bill Stafford INSURER D: P. O. Box 9000, Presidio Station, INSURER E San Francisco CA 94129 INSURER F! COVERAGES CERTIFICATE NUMBER: 6484373 REVISION NUMBER: See below THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR _----- _-- TYPE OF INSURANCE - -- -- MSR I UB POLICY NUMBER_- -- - -- IMOLIC YEFF (MMDDD YEXP YYY) ,I - --_ ___---_---- LIMITS--- - - - A GENERAL LIABILITY j 1 1000005040 07/01/2013 07/01/2014 I- EACH OCCURRENCE $ 10,000,000 MED EXP ADAMAGE O RENTED one person) $ 10,000,000 -, $ 2 Million SIR � I (Any - -_ X - RAL LIABILITY _ _COMMERCIAL GENE _ I PREMISES (Ea occurrence) I CLAIMS -MADE I X OCCUR $ - _ PERSONAL & ADV INJURY $ 10,000,000 GENERAL AGGREGATE $ 10,000,000 JECT _ _S PER: PRODUCTS - COMP/OP AGG $ t0,000,On0 --- ' GE_N'L AGGREGATE LIMIT APPLIES '� AUTOMOBILE LIAB PRO- 07/01/2014-- -------_--- X ,POLICY LOC $ - -- A COMBINED SINGLE LIMIT 0,000,000 -- LIABILITY ' (Ea accident! S SISCPEL01824512 07/01/2013 X_ ANY AUTO_ $ 2 Million SIR '�, BODILY INJURY (Per person) 5 -- ALL OWNED NON OWNED -----JUR Y(- -------)' $ -- SCHEDULED AUTOS ; AUTOS'iBODILYYINJURY Per accident $ - JUJU - -- - --- -. .._ I HIRED AUTOS PROPERTY DAMAGE $ -__'� AUTOS (Per accident) UMBRELLA LIAB _OCCUR EXCESS LIAB UJU-- , CLAIMS -MADE !--- -----J DED 1 RETENTION $ WORKERS COMPENSATION B AND EMPLOYERS' LIABILITY YIN : SP4048775 ANY PROPRIETOR/PARTNER7EXECUTIVE OFFICER/MEMBER EXCLUDED- NUI N 1 A', $1 Million SIR (Mandatory in NH) - If ves, descnbe under DESCRIPTION OF OPERATIONS below EACH OCCURRENCE $ i AGGREGATE $ � I$ WC STATU- ' x OTH-! 25 Million 07r01/2013'I 07101/2014 TORY LIMIT$: :_ --__-- F.L. EACH ACCIDENT E L. DISEASE - EA EMPLOYEE, $ E.L. DISEASE - POLICY LIMIT $ �I I DESCRIPTION OF OPERATIONS f LOCATIONS: VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Re: install antennas and associated equipment at the City of San Rafael's Dollar Hill Tower Site. The City of San Rafael, its officers, agents, employees, and volunteers are included as Additional insured for General Liability coverage, as respects the Operations of the Named Insured, as required by written contract or agreement, per endorsement attached.This Insurance shall be primary and non-contributory as required by a written contract but In excess of any underlying Insurance to the Named Insured or their retained limit. CERTIFICATE HOLDER City of Sar Rafael Attl is City Cierk P 0.80.v 151560, S , rRafae. , CA Y4915-t5EC ACORD 25 (2010105) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICtES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE The o -,CORD n ante 'ar.d oco ;a,e reg.s!:,e9 n-,urks of Ar,0Pow .J 1988-2010 ACORD CORPORATION. Ali rights reserved. iTh,:,revs',,, zn f.y"„fix:e'+ f A:"71 rn5,,e -.Wu,N)IJ. Starr Indemnity & Liability Company Dallas, -f X 1-866-5 19-2522 1 hs moclilles insurance prov,aed under the foftwo,,g, SPECIAL EXCESS LIABILITY POLICY FOR PUBLIC ENTMES The foltowing is added to SECTION 11. WHO IS AN INSURED. Any person(,.$) entity(Jes), or orqanizationt ' s) listed in the Schedule below to whom the Named lrisured is obligated by virtue, of an insured contract to provide iniuraricc,, sol6y with respect it) bodily Injury and property damage. However, this insurance for fho5it? listod halo *r will apply only to bodily injury and property darnage required within the terms cat the insured contract. The Urriits of Insurance afforded under this endorsement to such scheduled person(s). entity(ies), or organization(s) will be- imikipci to the Limits of Insurance required within the terrn-s of t#rr Insured contract or the Limits of Insurance of this Policy, wNcriever is and avkl apply in excess of any underlying insurance or your retairied tirnit snown in the Deckx0oris We MH not be obttgated for Limits of Insurancp shown :n the Insured contract that are prr,xater ti` ao the lirnits of insurance of tags Policy SCHEDULE OF ADDITIONAL. INSUREDS ADDITIONAL INSURED INSURED CONTRACT CONTRACT DATE -e RUqUired by c.ontract ANhere required tryWhere required by contract t E,1 �rontravt - capyrifji«t <"C, V, Starr X. C,�Mpaf'>y vnd Wiry Indolmnity J�, L*�ta Uty COoparly In';iLgio's C("o Ou"rod fn;.�fWridl of ISO WWI fts I y I Starr Indemnity & Liability C -14�pany 02�U,tlz TX Signed for STARR INDEMNITY & LIABILITY COMPANY Charlas H. Dangolo, President M. Keane, Gevetol Counsel V :'Mair", a Ccnipatly amf *"K"n, indww'44 Alb tlQntr 130, M:1 GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT VENDOR NO, V018820 CHECK NO. 00040386 V4SqRl?T";: - , ' .. V ' -NET AMO" %- z., � � AMOUNT - - PATE �,DED CT OH20061 Dollar Hill Electric Fee 10/24/13 200.00 0.00 200.00 1� 0 PAYMENT IN FULL OF ITEMS LISTED ABOVE 10/24/13 200.00 0.00 200.00 DETACH AT PERFORATION BEFORE DEPOSIVNG CHECK 'q 1, '1 `411'1" -Na) oy�-A t"< ^11; i%�VO "r fVA,f,r"��;'Vf r"' :,I 1 4 'k GOLDEN GATE BRIDGE ClK#: 00040386 cp 14IGITWAY & TRANSPORTATION DISTRICT 24/13 AA BOX 9000, PRFSIDIO STATION 7 1 �;; SAN FRANCISCO, CALIFORNIA 94129 415-921-5858 oderthe Order of City of San Rafael TWO Hundred Dollars and ZERO Cents Wells Fargo Bank, N.A. 115 Hospital Drive Van .Wert, _OH 45891 11'040 36611' 1: 0 L. 1 20 38 241: 9G00 1 2 L, 9 9 El 0 GOLDEN GATE BRIDGE as HIGHWAY & TRAINSPORTATION DISTRICT BOX 9600, PRESIDIO STATION SAN FRVNCISCO, CALIFORNIA 94129 Z9 415,421-5858 City of San Rafael Finance Department - A/R PO Box 151560 SAN RAFAEL, CA 94915-1560 mylyn;', ************200.00 VOID AFTER 180 DAYS -e,e November 8, 2013 Esther C. Beirne City Clerk City of San Rafael 1400 Fifth Ave PO Box 151560 San Rafael CA 94905 Dear Ms. Beirne: "1 I i1- \/V1111' -f 1 NISRNIT ..11-C10Ni i.i!'S Cpl4 , RE: Communications Site License Agreement Between City of San Rafael and Golden Gate Bridge, Highway and Transportation District, Dollar Hill Communications Tower Enclosed please find four original signature counterparts of the above referenced License Agreement. As requested by the City Attorney and City Engineer, four originals with all exhibits are enclosed for full execution by the City. Also enclosed is a cheque for $200 for the first annual electricity fee required by the License Agreement, along with an Insurance Certificate naming the City as additional insured. I look forward to receiving one fully executed License Agreement at your earliest convenience. Thank you for your assistance. Yours truly, Norma Jellison Property 'Development and Management Specialist Enclosures: Four (4) originals License Agreement Dollar Hill Communications Site Insurance Certificate Cheque #40386 RDowning, KRaddatz, RJlibbs, MConneran w,'o enclosures Kevin McGowan, City Engineer, Lisa Goldfien, City Attorney w/o enclosures (LA pdf sent by E1�1) San Rafael Transit Center Lease/License File oll l Ah`tiDk�,IiL,3J.__`%' OIR .'T 6 11. AfAF_'.I. y._.A <;J,;fL?� 1--.,J,8., " EXHIBIT A This Exhibit "A" is attached to and made a part of that certain Communications Site License Agreement by and between the City of San Rafael, as Licensor, and the Golden Gate Bridge, Highway and Transportation District, as Licensee. Assessor's Parcel No: 011-051-02 15 5 177149. 1 EXHIBIT B This Exhibit "B" is attached to and made a part of that certain Communications Site License Agreement by and between the City of San Rafael, as Licensor, and the Golden Gate Bridge, Highway and Transportation District, as Licensee, and consists of: • Aerial Map of Dollar Hill Tower site location; • Aerial of City's Building and Tower and MERA Building; • Site plan showing the location of the District's 2 microwave antennas on the existing City tower; • Site plan showing the District's radio units (RUs) on the rack in the existing City building SEE ATTACHED DIAGRAMS CONSISTING OF FOUR (4) PAGES 16 EXHIBIT C RF Fred Wireless Link Site Survey Report and Installation Considerations, dated May 3, 2013 by System Support SolutionsBridgeWave F1exFort Antenna Spec Sheet and BridgeWave Antenna Spec Sheet 17 1177149 1 All that certain real property situate in the City of San Rafael, County of Marin, State of California, described as follows: COMMENCING at a post referred to in that certain Deed from Alexander Forbes to WilliaM T. Coleman, recorded October 6, 1871 in Book "J" of Deeds at Page 306, Marin County Records, as marked "C42" thence North sixty four and a half degrees West one chain to a post marked "P.R.2" in a stone mound, thence North thirty-two and a half degrees West one and a half chains to a post In a stone mound marked "P.R.3" thence North thirty degrees West four and ten hundredths chains to a post In a stone mound marked "P.R.4% thence North three and a half degrees East three chains to a post In a stone mound marked "P.R.5", thence North twenty one and a quarter degrees West five chains to a post In a stone mound marked "P.R.6" thence North one and a half degrees East two and a half chains to a post In a stone mound marked "P.R.7", thence North forty one and a half degrees West six chains to a post in a stone mound marked "P.R.8" thence North twenty eight degrees West ten and ten hundredths chains to a post in a stone mound marked "P.R.9" at a point In the exterior boundary line of the land as described in that certain Deed from Alexander Forbes to William T. Coleman, recorded October 6, 1871 in Book "J" of Deeds at Page 306, Marin County Records, distant South eighty seven degrees East three and thirty hundredths chains from the Madrona tree at the North East corner of lands of Adolph Mailliard, thence from post "P.A.9" North seventy five and a half degrees East one chain to a post in a stone mound marked "P.R.10", thence South thirty-three degrees East ten chains to a point, thence South thirty nine and a half degrees East six and sixty hundredths chains to a post in a stone mound marked "P.R,11" thence South sixteen and three quarter degrees West'two and twenty hundredths chains to a post in a stone mound marked "P.R.12" thence South eighteen and a quarter degrees East five chains to a post in a stone mound marked "P.R.13" thence South sixteen and a quarter degrees East four and a half chains to post in a stone mound marked "P.R.14" thence South twenty seven and three-quarters degrees East three and sixty hundredths chains to a post In a stone mound marked "P.R.15" thence South nineteen and a quarter degrees West one chain to the point of beginning. EXHIBIT "A" 4 EXCEPTING THEREFROM any portion which may lie within the boundaries of those certain parcels of land as described in the following instruments of record: A.)Deed from Bourghton Horne, Inc., to Harold L. Hadley, et ux, recorded August 28, 1973 in Book 2721 of Official Records, at Page 93, Marin County Records. B.)Order Confirming Sate issued by the Superior Court of the State of California in andlor the County of Nevada, entitled, "In the Matter of the Estate of Arthur Deluca, Deceased", Case No. 6184, recorded December 2, 1964 in Book 1888 of Official Records, at Page 539, Marin County Records. Being Parcels A and B, as shown upon that certain survey map entitled, "Record of Survey of the Division of the Jenkins Property", filed for record March 15, 1966 in Volume 5 of Surveys, at Page 9, Marin County Records. C.)Deed from California Land Title Company to Edward G. Kaufhold, et al, recorded November 17, 1975 In Book 2963 of Official Records, at Page 165, Marin County Records. D.)Deed from Wallace W. Knox to the City of San Rafael, recorded November 17, 1976 in. Book 3114 of Official Records, at Page 588 and re-recorded February 7, 1978 in Book 3328 of Official Records, at Page 324, Marin County Records. £.)Deed from Philip Lesh to Philip Lesh et ux, recorded Octobor 9, 1984 as Recorder's Serial No. 64- 047787, Marin County Records. F.)Deed from Fred Charles Breismeister to Thomas H. Kirschner, et al, recorded June 21, 1985 as Recorder's Serial No. 85-026024, Marin County Records. G.)Deed from Ernest T. Bock, et ux, to Marin Pacific Land Holding and Development, Ltd., recorded January 25, 1999 as Recorder's Serial No. 1999-0005739, Marin County Records. H.)Deed from Jason E. Widmer, et al, as Trustees, to Jason E. Widmer, et ux, recorded August 31, 1999 as Recorder's Serial No. 1999.0065905, Marin County Records. EXHIBIT "A" (contirnied) ,J J The FlexPoO family of high capacity millimeter wave radios offers carriers, service providers, government and enterprise users the ultimate flexibility in an access and aggregation/backhaul solution for today's networks. The FP18 and FP23 microwave radio systems have been designed specifically to meet the requirements of operators, carriers, and service providers requiring full -rate gigabit connectivity in a single, compact, all -outdoor enclosure. FP18 and FP23 accomplish this through an innovative approach in aggregating multiple RF channels without the need for additional hardware as with other lower licensed frequency band products. This helps ease installation and maintenance costs on the network by offering only one device to install and manage, providing the user with a highly -reliable, fully integrated backhaul solution. BridgeWave is the market leader in providing highly reliable high capacity wireless solutions for next generation 4G networks. The FlexPort family of products leverages our expertise in designing and Winging to market carder -class millimeter wave and microwave solutions that have been accepted and used in thousands of installations worldwide. "j Future -proof full -rate gigabit bacidiaul for next generation 4GUMNAX backhaul. High-capacity business services, fiber extensions, celfular/Wi-FUMMAX backhaul, redundant fiber ovettays, mesh. High-performance campus connectivity, WI-Fi and security camera backbone. Server omtraftabon, remote data storage and backup, leased 11ne replacement. .Video, survetuarice systems, traffic control and mwfton% W -M Offlz backhad Secure, HIM-mmoant connectivity, medical officP, M nobvork access, real fte Imaging & teeon* Application Connect" Full -rate, full -duplex gigabit Ethernet transmission Internal 5 -port gigabit Ethernet switch Low latency for fiber -equivalent performance Innovative RF channel aggregation yields true GigE throughput CIPSK — 2560AM modem design allows flexibility in link planning Optional FIPS-Certified 256 -bit AES Encryption All -outdoor design Field-pluggable SFPs available with multi -mode, single mode, or copper interfaces Web based & SNMP management Based on proven design — thousands of full -rate GigE millimeter wave terminals installed Rigorous HALTMASS testing Up to 99.999% carrier -grade availability Ec Less hardware to install than other microwave systems o Lower dollar per megabit total cost of ownership o Smaller & lighter than solutions requiring two ODUs and combiners e No tower climb for upgrades EXHIBIT C !xµ�y. MIC W W t:'I 45 Frequency Range 17.7-19.7GHz i1.2 — 23.6 61U T/O Spacing, 1,560 M1,12 TIR Spacing: 1200 MHz 40% Transmitter Power QPSW +25 dam Output 1600- , +24 d8m 32W-, +23 d8m ry Regulatory 'Mle: Safely UL Listed, meets FCC 1.3.10 general population RF MPE limits RF Cefficatims, U.S. FCC Part 101 100 MH2 refers tt bsa 8dt17 RF Ch2vvis 153 W41 refers to 3,60 MHz RF channels 5!,� wf;y t7 a! IIA a, 7,z Plto ti,C I �j (,4 8�.� 56'. 90�, 14,L"e ,FoMfoimi vvvivvy f le"'Var(, Rnpo't ALri Ibe an,fpodv:!� j,« mark of 1'n6, BridgeWave is the leading supplier of gigabit RF connectivity solutions for service provider, government, military and enterprise applications. BridgeWave Gigabit Ethernet links extend network operator fiber to provide high-capacity access and backhaul, as well as extending enterprise LANs between buildings and sites. PERFORMANCE: Full rate, full duplex, Gigabit or Fast Ethernet AdaptRate switching overcomes rain downpours AdaptPath provides secondary path switching for maximum service availability Interference -free operation enabling high-density deployments Simple, fast path licensing Low latency for fiber -equivalent performance Forward Error Correction provides maximum link range u1t kion .:d .%t l; a y:.S Server centralization, remote data storage and backup, leased line replacement Secure, HIPAA-compliant connectivity, medical office, lab network access, real-time imaging & records, application connectivity. High-performance campus connectivity, Wi-i=i and security camera backbone. Video surveillance systems, traffic control and monitoring, Wi-Fi/4,9GHz backhaul. Hlgb-capacity business services, fiber extensions, cellularAM-I'MMAX backhaul, redundant fiber overlays, mesh. Future -proof full -rate gigabit backhaul for next generation 4G/LTE WiMAX backhaul. E X: R,',` "' SECURITY: ;n Highly secure narrow beamwidth antennas Secure Management software option provides HTTPS management access and RADIUS authentication (see Advanced Security datasheet) AES Encryption hardware option provides the ultimate level of full line -rate data protection (see Advanced Security datasheet) RELIABILITY: Rigorous HALT/HASS testing; 28 -Year MTBF Up to 99.999%, carrier -grade availability EASE-OF-USE: Connects directly to standard network equipment All -outdoor, compact design Low voltage power cabling Rapid & flexible deployment Embedded web and SNMP based network management agent Up to 5 Miles Up to 7 Miles "i.Skrri AR80 AdaptRateTM Gigabit Ethernet Ad! M Extended Range Operating Mode 1000 Mbps full -duplex, 100 to full ­x 0001100 Mbps Adap Mate Ethernet interfaces irttarttdf 1000base-SX with LC connectors - up to 270(m 62.5/125pm MMF, or 600 m 50/12511M MM[F IO/1OWase-TXwith RJ -45 connector with integral surge suppressor) - up to 100 m CATS cable Maximum Ethernet irame length: 1632 bytes I fl,!,3 7 `�O �I "IJ '14'vv v", r dI'v C "::J , I'li't';'5 INSTRUCTIONS CITY OF SAN RAFAEL ROUTING SLIP / APPROVAL FORM USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL /AGENCY. SRRA / SRCC AGENDA ITEM NO. 4-d DATE OF MEETING: 10/21/2013 FROM: DEPARTMENT NADER MANSOURIAN PUBLIC WORKS DATE: 10/14/2013 TITLE OF DOCUMENT: A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO SIGN THE COMMUNICATIONS SITE LICENSE AGREEMENT WITH THE GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT TO INSTALL MICROWAVE ANTENNA EQUIPMENT ON CITY- OWNED-POPERTY AND DETERMINATION OF CATEGORICAL EXEMPTION FROM CEQA Department Head (signature) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY AGENDA ITEM: City Manager (signature) t NOT APPROVED u APPROVED AS TO FORM: City Attorney (signatur4) File No.: 06.01.216