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