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HomeMy WebLinkAbout5074Contract Number: Vendor: Sub�ect: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments : 5074 Ratelco Communications Services, Inc. dba Day Wireless Systems Temporary Site Testing Lease Agreement Forestry LEG 12-1 9/19/2011 11/19/2011 11/30/2011 Automatically extend longer if negotiating in good faith a Tower Lease Aqreement �� . : �- TEMPORARY SITE TESTING LEASE AGREEMENT LESSOR City of Bremerton Department of Public Works and Utilities 100 Oyster Bay Ave N Bremerton, WA 98312 LESSEE Ratelco Communications Services dba Day Wireless Systems 4700 SE International Way Milwaukie, OR 97222 SITE Gold Mountam, Budding C and Tower #2 NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS 1 Lessee may place the following communications equipment at the Site for the purpose of testmg out the site for a long term tower site rental •(2) MTR2000 repeaters with XCR9000 Controllers in one equipment rack •(1) Omnidirectional transmit antenna near 80' s(1) Omnidirectional receive antenna near 100' •(4) 4' Microwave dishes near 20' � 2 INTERFERENCE WITH OTHER USERS. The Lessee acknowledges that the City may enter mto leases with other tenants for their equipment and telecommunications facilities for the purposes of transmitting and receiving telecommunication signals from City property The City, however, is not in any way responsible or liable for any interference with Lessee's use of the City property which may be caused by the use and operation of any other tenant's equipment, even �f caused by new technology Lessee understands that if its use mterferes with a prior tenant, and the interference problem cannot be cured, this Lease may be terminated by the City The Lessee shall cooperate with all other tenants to identify the causes of and work towards the resolution of any electronic mterference problem In addition, the Lessee agrees to eliminate any radio or television interference caused to City-owned facilities or surrounding residences at Lessee's own expense and without installation of extra fdters on City-owned equipment Lessee further agrees to accept such interference as may be received from City operated telecommunications or other City facdities located upon the City property sub�ect to this Lease except those City antenna sites placed upon Lessee's facilities 3 There wdl be no lease fee charged for the trial period described below �' 4 Lessee shall defend, mdemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, m�uries, damages, losses or suits, mcluding all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement, except for that portion of the inJuries and damages caused by the City's sole negligence The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification Should a court of competent �urisdiction determine that this Agreement is sub�ect to RCW 4 24 115, then, in the event of liability for damages arising out of boddy m�ury to persons or damages to property caused by or resulting from the concurrent negligence of the Lessee and the City, its officers, officials, employees, agents and volunteers, the Lessee's liability hereunder shall be only to the extent of the Lessee's negligence IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES LESSEE'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER The provisions of this section shall survive the expiration or termination of this Agreement 5 Commercial General Liabilitv msurance written on an occurrence basis with limits no less than $1,000,000 combmed single limit per occurrence and general aggregate for personal in�ury, boddy in�ury and property damage Coverage shall include but not be limited to blanket contractual, products/completed operations/broad form property damage, explosion, and collapse, and employer's liability Any payment of deductible or self insured retention shall be the sole responsibility of the Lessee All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims-made" basis The City shall be named as an additional msured on the Commercial General Liabdity insurance policy, as respects work performed by or on behalf of the Lessee and a copy of an endorsement that is acceptable to �, .. the City, which names the City as an additional msured shall be attached to the Certificate of Insurance The City reserves the nght to receive a certified copy of all the required msurance policies and endorsements The City further reserves the right to re�ect any unacceptable policies and/or endorsements The Lessee's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each msured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability The Lessee's insurance shall be primary insurance as respects the City and it shall be an affirmative obligation upon Lessee to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mad, return receipt requested to City of Bremerton, attn Risk Management, 345 6� Street, Suite 600, Bremerton, WA 98337 within finro days of the cancellation, suspension or substantive change of any insurance policy set out herein, and fadure to do so shall be construed to be a breach of this Agreement The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the msurance policy with all endorsements as evidence of coverage 6 The effective date for this Agreement shall be September 19, 2011 7 This Agreement is valid through November 19, 2011, but wdl automatically be extended longer if Lessor and Lessee are in good faith negotiat�ng a Tower Site Lease Agreement LESSOR City of Bremerton By � Title /yL D�2._ Date �o � .Z � — /� LESSEE Ratelco Communications Services dba Day Wireless Systems ; ►_., ,�� , r l . �� � ��' F '. � ' R � . - ► ,�co � CERTIFICATE OIF LIA�ILITY INSIURANCE DA � t �� O � n �� 9/29/2011 THIS CERTIFICATE IS ISSUED A3 A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTiFICATE HOLDER, THIS CERTIFICATE OOES NOT AFFIRMATIVSLY OR NEGATIVELY AMEND, EXTEWD OR ALTER THE COVERAGE AFFORDED BY THE POL{CIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONS7i'fUTE A CONTRACT BETINEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CER7IFICATE HOLDER IMIPORTANT: If the certiflcate holder Is an ADDfTIONA� IIVSURED, the policy�ies) must be endorsed !f SUBROGATION IS WAIVED, subject to !he terms and conditfons of the poticy, certain policies may require an endorsement A statement on this certificate dces not confer rfghts to the certlficate holder in Iteu of such endorsement(s}. PRODUCER � cr Melody Kirkendall or Joanna Bromn Durham and Bates Agencies Inc PHONE S � (503) 241-0154 � No , csos�sas-osss 720 SW Washington � or �oannab@dba ea.co 3uite 250 P ��� ER A0003 Cus7oa►�61A�—_ � Portland _ OR 97ZOS-3 ' _ __� `_ INSUR�R(S� AFFOROING COVERA�iE INSURED � INSUR6RA,O 339BAEtCOA A]AAl'].C8 IIl$. CC Ra,telco Communzcats.on 8erva.ces, Inc. iNSUReReNavigators Insurance Com DH�A. Day W�re].ess Systems iNSU c Hartford Ins . C o. of the Midwest 7478 4700 SE International Way iNSURerso Hartford Aac & Indemnity 2357 INSURER E Milwaukie OR 97222 INSURERF COVERAGES GERTIPICATE NUMBER.�ate].co Communa.cation REVISION NUMBER: 7HI5 IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BEIbW HAVE BEEN ISSUED 1'0 THE INSURED NAAAED ABOVE FOR THE POLICY PERIOD INDICATEO N071MTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT QR OTHER OOCUMENT WiTH RESPEC7 70 WNICN THIS CERTIFICATE MAY BE ISSUED aR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL 7HE 7ERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLtCIES LIMiTS SHOWN MAY HAVE BEEN REDUCED BY PAI� CLAIMS �LTR TMPL' OF INSURANCB -- P�F POLICY E � POLICY NUMBBR ` MM1DDMfYY MM DC UMITS GBNERA� UABILITY � EACH OCCURRENCE $ 1 � QOO � OOO X CO MMERCIAL GENERAL LIA8ILITY i DAMAGE TO��AYE � ( PREMlSE Ea ocwrtenoe S 1� OOO � OOO A� �� cu►ur►s.nnAne a occuR �7110099180005 lo/i/ZOii ao/i/2oi2 ;� . a 10,000 I X 51,00�,000 iJI�REI.L11 � ' PERSONAlBADVINJURY $ l,OOO,OOO i X i T�IIiSHI13GTON 3TOB GAP I GENERAI AGGREGATE S 2� 000 � 000 I GEN! AGGREGATE LIAAR APPLIES PER I � � � PRODUCTS COMPIOP AGG S P � OOO i OOO _ I AUTQAA0811.6 LlABILITY � X nror auro A i__ Al.l OYMtED AUTOS � SCHEDULEO AU70S HIRED AUTOS X I NON-OWNEDAUTOS � � UOlBREIiA lJA6 I X� p�CUR � ~ EXCESS UAB �� � X � CIAfMS-MADE I DEDUCTIBLE B RETENTION L+ WORKERS COMPENSATION AND EMP60YBR$' tIA81LiYY Y f N I ANY PROPRfETORIPARTNERIEXECUTIVE pFFICERIMEMBER EXCI.UDED7 � �NlA D I (Mendatory In NH) ��.__ ....._.......�_. j �7210099180005 i i i I I I LAl1EXC1611651v !0/1/2021 10/1/2012 I WA EMPLOYERS UABIW7Y S, I COM8►NEO SiNGLE lIMR $ (Ea aeudent) BODfLY fNJURY (Per person) S B000.Y lNJURY (Per acadenty $ PROPERTY DAMAGE $ (Peraocaern) _ _ � 500,000 � �O 1,000,000 S S Z EACN OCCURRENCE A� GGREGATE __ i 52WELN9641 10/1/2011 NV- C Hartford of Midxest CA,OR-D HartFord Acc Ind � ' I I7110099160005 10/i/2011 DESCRIPTION OF OPERA?tON3 LOCA710NS 1 VEFtICI.ES (AtWCh ACORD 101, Addttlonal Remarks Scheduk, it more spaco Is roqulretl) 3ee attached form VCG207 07 09 Vantage for General Liability Technology Companies CERTIFICATE HOLDER City of Bremerton Atta: Fi.isk Managea�en� 3�5 6th Street, Sua.te 600 Bremerton 2 I X i4R Y�M�s I E L EACH ACCIDENT E L D�SEASE - EA EM � E L DISEASE - POLIC' 2 COMP 8 CQLL LIMITS DEDUCTIOLE 8���� 8,000,00 $250, S SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WIIL BE DELIVERE� IN ACCORDANCE WITH THE POLICY PROVISIONS AUTHORfZED REPR63ENTATIVE WX 98337 ACORD 25 (2009109} INS025 tzoosos� ' IJoanna Brown/MJK O 1988-2009 ACORD CORPORATION. All rights reserved. The ACARD name and los�o are res�istered marks of ACORD � POLICY NUMBER. 711009998-0005 THIS ENDQRSEMENT CHANGE� THE P461CY. PI.EASE REA� IT CA�i�FULLIF. a�VANTACE FOR GENEF�AL LfABiLITY TECHNQL��Y C�Iltl��',A�iES This endo�ernent modifies insurance provi�ed under the tof�owing COMII�IERCiAL GENERAL LG4BIUTY COVERAGE FORM The foAowrng sche.�iule Gsis the coverags extens�ons pfoWded by th�s �ndqtsement, Reter to ihe ind�v(dual provisions to determine the extent of your coverage SCHEDU�� O� COVERAGE EXTE�1S10NS �""� 1. Additional Insured — Broad Farrn Vendors �� 7. Addltianal insured — by Contract, Agreamenf or Permit ralating to o Wotk performed by you a Premises you own, rent, lease or occupy a Equipment yo� lease 3. Agg�egate Llm�t Per Location � 4. �lanket Waiver of Subrogation 6, 8odily Injury Redeflned — Mental Anguish 6. 9roadened Named Insured T. Broadened Property Damage o Bvrrowed Equipmsnt o Customers' Gavds o Use ot Elevators 8, Ccverage TeMtory — WarldwEde S. Outies 1n Event af Occurrence, C1aim or Suit 10. Expected or Intended In�ry (PD) 11. Incidental Medic�l Malpractice 12. Madicai P�yments 13. Mob�le Equipment Redeftned 14. Newly Acqu}red or �ormed Organ¢abons 15. Non-Owned Aircra8 16, Non-Owned Watercraft 17. Persona) and Advertlsmg InJury 18. Product Recall Expense 19, Supplementary Payments Increased Vmits 1. ADDlTtONAL INSURED — BROAD FORM V�NDORS Sec#ipr II — Who ts An Insurec! �s amended 10 include as an add(tiona� insured any pers�n(s) or onganizafion(s) (teferred to below as vendar) wnth whom you agreetf m a wntten contract or �greement to provide insu�ance, but qnlY with respect to "bodfiy m jury" or "property damage" arising out of "you� praducts" which are distnbuted or sotd in the regular aaurse ot the ven8or's business. sub�ect to the tollowing add�donal exclusions a. This provision t. does not apply to: {7 )"Bo,dtly injury° or "property damage" ior which the vendor �s obligated to p�y damages by teason of the assumpfion ot I�abiftly i� a contract or agreement, This e�4C�usion does ttot ap�ly to liab3liiy for damages that itte vendw would have in the abserice of the contract or agreement, (2} Any express waFraniy not authonzed by you, (3) Any phys�cal nr chemical change in the product made in#enuonaify by the vendor, (4) Repackagin�, excep# when unpacked solely for the purpo�e of �nspecbon, dernonstfaqon, iesbng or the substitu�on of parts under instrucfions from ths manufae�urer, and then repackaged in the onginal coniainer, (5) Any faiture to make such inspections� adjustments, tests or servfctng as the vendor has agreed to Reatce or norKnaly undertakes to make m the usual course of business, in connectron +nnth tha dlstnbudon or sate of the products; (6) Demonstra�o�, installation, serv+dng o� repair operations, except such operations perfarmed at the vendo�'s premises fn connecUan wlth the sale of the praduct, (7) Products which, aftsr disUibubon or sa�e by you, have bsen labeted or retabaled or used as a contamer, paK or ingredfent of any ather thing or substance by or for the vendor, or (8) "BodIIy t�jury" or "properiy damage" a�ising out of the sole negiigence ot ihe vendor for its own acts or omissions or tfiose of its empioyees or anyone else ac�ting on its beha(f However, thls exclusion does nat appty to. (a) The exceptions contained �n Subparagraphs 4. or 6., or VCCi 20T 07 08 Inciudas oopydghted material ot lnsurance Servlcea Ot�ce, Inc Page 1 of 7 Capyrtght2009, IIIINIf�IHltllllllllilltltlitlllllflltl!!!llliil l!llltl111f1HlUl�II (b) Such inspectson�. �dJustments, tagts Qr servictng as the vendor has regr�eed to m�k� ar �vrrnallY �indedakes to �iak� in the usua) course,�t business, in coru�ec�on with the dlstrlbutio� or sab ot the prodtscts. {9j qny verldor. person o� arganiza�ion if the "products-c�mpteted opera�ans hazard" is excluded elther by the ptavisions �f the CovErage Form ar by et►dorsemaM b. This insurance does not app�y to any �nsured pe�son .or organiz�tion, from whorn you have ac�ulred such pzaluc#ts� or arry ingredie►�t, pa�t or container, entering inio, acc4tr+�r'anytng or cantaining such products. 2. ADDITIONAL INSURED -- C�NTRACT, AaREEM6NT Of� PERMIT a. $e�ti�� 11— Who Is An inspred Is amended ta in�iude �s an additional iw�s�ed any persar�(s) or organi- �a�on(�) with whom you agresd tn a written cantrack, written ag�eement or permit to provlde insurancA such as`is sfforrled under this Coveraee Pa�t, but only with respect to llabllliy for `'bodity InJury"� "properly damage" or "p�rsonat and advertisf� injut�" caused, in whale or in patt, by your acts o� omissions or ths acts or omisslons of those acbng,on yoar bahalf: 1. In ,tk�e peCfotmance of "your work° far ihe add�ional �nsured(sj at th� location designated in the contrad, ag reemeM or perm(t, ar 2. !n the m$intenance, operahon or use of equipment leased to you by such person(s) w o�ganization(s}, or 3. In connecUon with premises you awn, rent, lea�e or +oxupy. Thfs insut'ance apppes an a�►imary or pri�nary ar�d non-con�ributory basis if lhat is required in writing by the contraCt, ag�ement ar permit. b. The insuranoe provided to'the acidlbonal (nsured herein is Gm�ted, This msurance dces not appty� t. Untess (a) the writte� contraci, agreement or permit is currentty in etfect or becomes effecUve during the term of thts policy, and {b? the contract or egreement was executed or permtt issued p�for to the "bodity injury", "properly damage", or "personai and adverhsiqg inJ4�ry", 2. To any person ar drg$nizat�on inctuded as an insured under the Addltfonal Insured - Broad Form Vetldors prov�sion of thfs endorsemenM, 3. To any person or argarnza�on Included �s an insured by an endorsement �ssued by us and made �art of tttis Gov�rage Part, 4. T� arry pe�son or organl2a�an if ihe "bodily injury", "properly damaga", or "personal aad advefising injury" arises out of the rer�der�ng of or taifure to render any professional architectural, engine�ring or sUrveying services by or f�r you indudirlg• �a� The preparrng, ,�pprov(ng, or faiGr�g to prepare or approve, map�, shop drawings, op(nEons, reports. surveys. fteld orders, chenge orde�s o� drewings and specific$tiQns; or (b� Su�ervlsory, (nspsct�on, architedurai or engineering ad(vibes. 5. T� any. (a) Lessor of equfprrient after the equipment lease terminaEes or expires, or (bj Owne�s or othe� intetesis irom wi�am tar�d has been teased; or (c) Manegers or lassors of prerriises if: {1j The "accurrence" takes pface after you cease to be a tenahtln that pcem�ses; or t2) The "badily lnjury", "property damage", "psrsonal and adverttsing Inju�' arises out of strucbural alterabons, new constructlon or demobtion operadons performed by or on behalf af the manager oriessor 6. To "bodily �n}ury. or "property damage" occumng after. (a) Ai1 work oh the proj�ct (other than sernce, ma�ntenance or repaits) to bg performed by or an behalf of the additianal i�sured at the site of the covered vpe�eHons has b�en compteted, or tb) That porNon of "your work" out of whIch ihe mjury ot damaee a�ises has heen put t� its ��tended usa by any person �r organixatfon oiher than another con�actor or sub�ntractor engaged in psrfomning opera6ons for a prindpal as part of the same pro�ct Page 2 oi 1 tncludes oopyrlgtded material of Insuranoe Servkea O�ce, Inc VCG 207 O7 Q8 Copyrlght 2009, lllHltll!!II!{If�lltl lltllilll(!f!�!�!!!!tl1111lI c. Limits of Insurance ap�iicabfe to the ad�itional insured are those specii�ed Ir� the coniract, agreement or permit or in !he Decf�rations ot this policy, whichever is fess, artd fix the most we will pay regardless ot the number of, 1. Insureds, 2. Cla�ms made ar "suits" brought; or 3. Persons or orgenlza�ons rnaktng claims or bringing "sults". These Lim(ts ot lnsurance ere inclusive of and not tn additiort to the Umits of Insurance shown in the Declarations. 3. Ac3GREGATE LIMiT AER LOCA710N a. Undei Sectioa 111- I.#mfts of Insurance, the C3enetal Aggregate Limit applies separatety to each of your "lacations" owned by or �ented or leased to you. b. Under Sectioq V- Definitions, the follow�ng defin�lon is added. "lacatien" meana premises Imalving the same or cannecting Iots, or premises whose connectinn �s �ntertupted only by a stre�t, roadway, waterway or �ight-of-wey of a raltraad 4. BLANKET WAIVER OF SUBROGATI�N Section IV - 7ransfer of Rights of Recovery Against Others to Us Candition �s amended to add the foElawing We wE11 waive any right of fecavery we may have against any pe�son ar organizahon because ot payments we make tor in�u ry or damage ansing out of your ongoing operabons done under a written coniract o� agreement with thal person or organization and included in "your wark" or the "products-completed operatians hazard". This waive� applies only to persans or organiza�ans with whom you have a v+mtten contract, executed pnor to the "bod�y injury" or "property damage", #hat requ�res yau to wanre your rights ai recovery 5. BODII.Y fNJURY REDEFINED -� M�N7Al. ANOUl3H Unde� Section V, the definition ot "bodily Injury" ls replaced by the following "8odi(y mJury" means bodily injury, sickness, or disease sustained by a person, including mental angwsh or death resulting lrom any of these at any time 6. BROADENED NAMED INSURED Sectioa 11-- Who Es Art Cnsured is amended to include as an insured the following� Any orgarnzatl�n wh�ch (s, � legaliy incorporate� entcty in whi�h you owa a finanaal interest of rnvre than Sp percent of the voting stock on tha effective date of this endarsement vwll be a Named insured until tha 18Qih day or the end of ihe poiicy periad, Whichever cames first, provided there �s na other sirrular insurance avaflable to that organization The insarance affarded hetein does nat app{y to any entity wh�ch is aEso an msured under another poficy or wautd be an insured under such pol�cy but for its terr►zsnaUon or the exhaustion of �ts firnifs of insurance 7. BROA�EN�D PROP�RTY D�4MAGE - BORftQWED EQUIPMENT, CUSTONIER3' GOODS AND U8E OF' ELEVATORS The insurance for "property damage" liabifty �s subject to the fotlowrng. a. The Damage To Property exciusion under Section I Coverage A is ar�nended as follows 'I. Th� exetuston for personal property in the care, custody or controi of the insured does not appiy to "property damaga° tp equipment you borrow while at a job site and providect it is not being used by anyone to p�rform pperat�ans at the time of lass z The exclusrons for (a) Property loaned to you, (b) Personai property in the care, custody or controt of the insured, anri (c) Thai pa�icular part of any proRerty #hat must be restored, repaired or re�laced because "your wark" was incorrectiy perforrned on it do r�ot apply to "properiy damage" to "customers' goods" while on your premises nor do they apply to "property damege" arisIng from the use of elevators at premises you own, �ent, lease or occupy Sub�ect to the Each Occurrence L�miE, the rnost we wrtll pay for "property damage" to "Customers' Goods" is $35,000 per "occurrence" VGQ Z07 O7 09 Includes copyrighted matedal of Insurance Services Offiae, lnc Page 3 of 7 Copynght 2009, l�S+�!l�f�l�!!tfl1�����llll4�f1�11!!!!1!IltitilF�i