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HomeMy WebLinkAboutNEW CINGULAR WIRELESS PCS, LLC (10)INSURANCE ON FILE WORK MAY PROCEED UNTIL IN URANCE EXPIRES • i • 2.etiZ CLERK OF COUNCIL DATE: SUPPLEMENT AGREEMENT A-2020-117H This Supplement ("Supplement"), is approved by Licensor this 15 day of M ar , 20 2--2- (the date executed by all parties, referred herein as "Supplement Effective Date"). 1. Sup Ip ement. Licensee has submitted an application for approval to use a Municipal aFacility pursuant to that certain Municipal Facility License Agreement between Licensor and ea Licensee dated July 8, 2020("Agreement"). Licensor has reviewed the application and grants `� approval subject to the terms of this Supplement. All of the terms and conditions of the Agreement �.a are incorporated hereby by reference and made a part hereof without the necessity of repeating or attaching the Agreement. hi the event of a contradiction, modification or inconsistency between the terms of the Agreement and this Supplement, the terms of this Supplement shall govern. Capitalized terms used in this Supplement shall have the same meaning described for them in the Agreement unless otherwise indicated herein. IF THE SUPPLEMENT IS NOT COUNTER- SIGNED BY LICENSEE AND RETURNED TO LICENSOR WITHIN 30 DAYS AFTER LICENSOR HAS GRANTED APPROVAL, THE SUPPLEMENT SHALL BE VOID AND OF NO LEGAL EFFECT. IF LICENSEE STILL WANTS TO USE THE MUNICIPAL FACILITY, LICENSEE WILL BE REQUIRED TO SUBMIT A NEW APPLICATION AND ASSOCIATED FEES. 2. Licensed Area Description and Location. Licensee shall have the right to use the space on the specific Municipal Facility (the "Licensed Area') depicted in Attachment 1 attached hereto to install Equipment as further listed in Attachment 2 attached hereto. 3. Equipment. The Equipment to be installed at the Licensed Area is described and depicted in Attachment 1. 4. Term. The term of this Supplement shall commence on the Supplement Effective Date and continue for the life of the Agreement, as described in Paragraph 2 of the Agreement. 5. License Fee/Alternate License Fee. The initial fee for this Supplement shall be as follows per year: $270.00. This fee is subject to annual increase as provided in the Agreement, and is payable in accordance with the Agreement. 6. Performance Bond. The Performance Bond [circle on is / s not covered by existing performance bond. If not covered by existing performance bond, a bond is required pursuant to Section 8 of the Agreement. Miscellaneous. [Signature page follows] A-1 A-2020-117H IN WITNESS THEREOF, the parties hereto have caused this Supplement to be legally executed in duplicate, effective upon execution by both parties. Licensor: CITY OF SANTA ANA, CA By: Name: Nabil Saba, P.E. Title: Executive Director Public Works Agency Date: 03/07/2022 Licensee Accepted: New C..3,Ivr w"'ckcs PC5,LLC ba AT4i Mbb;1:+y By: I)rw- 1..6 f Name: rAAP- Title: GFA MAr,�E4- Date: I5-22 Attachments: Attachment 1 — Licensed Area (STANA Node 003) Attachment 2 — Equipment List and Description A-2 Attachment 1 Licensed Area [Map showing licensed area of applicable Municipal Facility and showing proposed Equipment installation A-3 n < � U - � 3 _ I � < r i _ v. 3 I 0 I I o 0 e 0 I ATTACHMENT 1 CONTINUED NEW PULL BOXES ALONG EXISTING LANDSCAPE AREA FEW ATTACHMENT 2 Equipment List: Antenna: GQ2414-B6770 Opf�mRln.p..[W,a .W.v 15YINYm.TJCI ^[ WJ�( Y5 La1NSW IwlM�[ Sl5-Wln d uym[ W,[ul RyN mpess6ncnitil ommmll651 w.�arv.W.etina ISRv.q:Un In.N Micro Radios: (1) RRU4415 (1) RRU4449 Antenna mount and radio shroud: ! 1 �S�wuNlINE I - £ 9E U,WWN9-- (M owl ml! MWY70 Ai o 6 SO U.T P.F AM —A uP�n(i) P611 *. r{V m,l L,1 I9. (1) L MauN [016ILM£NT SFPola1 1 [rp RtPP.:IIiExi PCC rr�cluwl Par (gN 5cr7 ELEVATION Equipment Shroud: (1) at each side (2-total) SPD: (1) RSCAC-1333-PH-240 1- AWVCWP y RSCAC-1333-PH 240 ME Francine R. Olenally signed by Franrin. P.Wlarsal ViIIarPal Dale. 2021.ozoll6:am1 ACORDV CERTIFICATE OF LIABILITY INSURANCE DATE MloOrcvyv) Qslzslzazl 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 pollcy(ies) must have ADDITIONAL INSURED provisions or 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 Marsh USA StrInceet, 701 Markel Street, Suite 1100 St. Louts, MO 63101 COSNAMEACT Marsh IN. $. Operations PHONE 66&966 466Q FAX c o AIC No EMAIL D RESS: Att.CerlRequest@marsh.com INSURERS AFFORDING COVERAGE NAIC9 CN103150778-GAW-CRT-21-22 N Y kvl66g Y INSURERA: Old Republic Insurance Company 24147 INSURED New Cng War WIreIS55 PO$, LLC INSURER B: INSURER C : One AT&T Plaza 208 South Akard Room 1820 INSURER D: INSURER E: Dallas, TX 75202 INSURER F: COVERAGES CERTIFICATE NUMBER: CHI-0090.1130.09 Rpvisin; Mnnnaco. 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. INSR LTR TYPE OFINSURANCE ADDLSUBR POLICY NUMBER POLICY EFF MMIDD/YYVY POLICY EXP MMIDDIYYYY LIMITS A X COMMERCIALGENERAL LIABILITY MWZY 31363621 0610112021 0610112022 EACHOCCURRENCE $ 2,000,000 CLAIMS -MADE El OCCUR A A ES( ED PREMISES Eaaoocccurrence $ 1,000,000 MED EXP(Any one arson) $ NIA PERSONAL a ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 10,000,000 X POLICY EJECT RC- LOG PRODUCTS - COMP/OP ADD $ 2,000,000 $ OTHER A AUTOMOBILE LIABILITY MWTB 31363521 NV0112021 0810112022 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accldom) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY AMAGE $ UMBRELLA LIAB OCCUR RRENCE $ $ EXCESS LIAB CLAIMS -MADE :::W DIED RETENTION$ $ A WORKERS COMPENSATION MWC 313638 21 (ADS) 06101/01 0610112022 OTH- ANDEMPLOYERS'LIABILITV YIN E ERANYPROPRIETORIPARTNEWEXECUTIVE CIDENT $ 1,000,000 NIA OFFICERIMEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below A Excess Workers' Compensation l MWXS 31363921(OH,WA) 06101l2021 0610112022 EL Each Accident l EL Disease 1,000,000 Employers' Llabllily See Second Page EL Disease -Policy Limit 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Re: City of Santa Ana Municipal Facilities License Agreement. The City of Santa Ana, its officers, officials, employees and volunteers is/are included as Additional Insured under the General Liability policy but only with respect to the requirements of the contractbetween the Certificate Holder and the Insured. Waiver of Subrogation is provided for General Liability, as required by written contract and allowable bylaw. This insurance is primary with respect b the Interest of the Additional Insured and any other insurance maintained by Additional Insured is excess and noncontributory with this insurance. Contractual Liability under the General Liability but only to the extent dictated by policy terms, exclusions, and conditions. City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Risk Management Division THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 Civic Center Plaza ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana, CA 92702 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. 9)1988-2016 ACORD C ,1tJ1MJ�„,,,, ACORD 26 (2016103) The ACORD name and logo are registered marks of ACORD 11IMMEEMRisk Management AnaHst ACORO® Li AGENCY CUSTOMER ID: CN103150778 LOC #: St. Louis ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMEDINSURED Marsh USA Inc. New Cingular Wireless PCS, LLC One AT&T Plaza 208 South Akard POLICY NUMBER Room 1820 Dallas, TX 75202 - CARRIER NAIL CODE EFFECTIVE GATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate Of Liability Instil Excess WorkersCompensation-MWXS 31363921 (OH -WA) Sell Insured Retentions OH & WA - $600,000,000 (except Terrorism) ON & WA - $600,000.000 Terrorism y s ffEvovE®&APPRovED BY: ACORD 101 (2008101) © 2008 ACORD C � r�ma The ACORD name and logo are registered marks of ACORD Risk MaDagemenS Analyst POLICY NUMBER:MWZY 313636 21 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons) Or Organization(s) Location(s) Of Covered Operations All Persons or Organizations as Required by Written The Locations as specified in the written contracts or Contract or Agreement. agreements. In no event shall the insurance provided exceed the scope of coverage or limits required by said contract or a reement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A: Section II -- Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury' caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law: and 2. If coverage provided to the additional insured is required by a contract or agreement, the Insurance afforded to such additional insured will not be broader than that which you are required by the contractor agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury' or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its Intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 MWZY 31363621 AT&T Inc. 06101/2021 - 06/01/2022 /�, M lmiY �"g Wp.tpt C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III — Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not Increase the applicable required by a contract or agreement, the most we limits of insurance, will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 © Insurance Services Office, Inc., 2018 MWZY 313636 21 AT&T Inc. 06101/2021 - 06/0112022 R. \ RiekMaragemRovM an s$ [YdEVIEW®&ppAP(PRDVEIJ BY: f Risk Managetmot Analyst POLICY NUMBER:MWZ.Y 313636 21 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Film 1� • • 0 19 9,11"MORRISM41 •' This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations All Persons or Organizations as Required by Written The Locations as specified in the written contracts or Contract or Agreement. agreements. In no event shall the insurance provided exceed the scope of coverage or limits required by said contract or agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, In whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contractor agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever Is less. This endorsement shall not increase the applicable limits of Insurance. � I2Ie4MsnagmnmtDmelon S\ REVIEWED& APPROVED ar F4 e2. Waf&"u CG 20 37 12 19 ©Insurance Services Office, Inc., 2016 Risk Management Rnalpse MWZY 313636 21 AT&T Inc. 06/01/2021 - 06/0112022 IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED AMENDMENT - PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM As respects any person(s) or organization(s) included as an additional insured and with whom you have agreed in a written contract, agreement or permit to provide primary insurance on a non-contributory basis, this insurance will be primary to and non-contributing with any other insurance available to such person(s) or organization(s). In no event shall the insurance provided exceed the scope of coverage or limits required by said contract or agreement. GL 739 042 0612 MWZY 31363621 AT&T Inc. 06/01/2021-06101/2022 y Rra4MuugtmtmtDmislon N °' CRav Ewm &pdAPPRavao BYa 3 r 1Fttv7if.E tag �� _ �® Risk Managenwnt Anmlgst00, m a IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDERS This endorsement modifies the notice of cancellation of insurance provided hereunder by adding the following: A. In the event this policy is cancelled for any permissible reason, other than for nonpayment of premium, we shall endeavor to provide advance written notice of cancellation to certificate holders set out in the schedule on file with the Company, after notifying the first Named Insured of such cancellation. Notice of cancellation to certificate holders may be made by any commercially reasonable means, including mail, electronic mail, facsimile transmission or courier service. B. This advance written notification of a cancellation of coverage is intended as a courtesy only. Our failure to provide such advance written notification will not extend the policy cancellation date, nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. PIL 029 10 10 Risk Mmvganey4DlMelon >/ REVIEWED&APPROVED BY Risk Management Analpt MWTB 313635 21 AT&T Inc. 06/01/2021 - 0610112022 IL 10 (12/0G) OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDERS This endorsement modifies the notice of cancellation of insurance provided hereunder by adding the following: A. In the event this policy is cancelled for any permissible reason, other than for nonpayment of premium, we shall endeavor to provide advance written notice of cancellation to certificate holders set out in the schedule on file with the Company, after notifying the first Named Insured of such cancellation. Notice of cancellation to certificate holders may be made by any commercially reasonable means, including mail, electronic mail, facsimile transmission or courier service. B. This advance written notification of a cancellation of coverage is intended as a courtesy only. Our failure to provide such advance written notification will not extend the policy cancellation date, nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. x� RiekMxnegerttWttDtviniws �r Ike- REVIEWED & APPROVED BY 8 f�Ftw+.a+e �?. �sfFErltei+' PIL 029 10 10 A Risk Management Pmatyst MWZY 31363621 AT&T Inc. 06/01/2021-0610112022 - WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY POLICY NOTICE OF CANCELATION TO CERTIFICATE HOLDERS ENDORSEMENT This endorsement modifies the notice of cancelation of insurance provided hereunder by adding the following: A. In the event this policy is canceled for any permissible reason, other than for nonpayment of premium, we shall endeavor to provide advance written notice of cancelation to certificate holders set out in the schedule on file with the Company, after notifying the Insured first named in item 1 of the Information Page of such cancelation. Notice of cancelation to certificate holders may be made by any commercially reasonable means, including mail, electronic mail, facsimile transmission or courier service. B. This advance written notification of a cancelation of coverage is intended as a courtesy only. Our failure to provide such advance written notification will not extend the policy cancelation date, nor negate cancelation of the policy. All other terms and conditions of this policy remain unchanged. WC 99 03 64 (03/11) Page 1 of 1 t lak Management Bcvia(on f £ RPme m&APPROVED By: �, U.lGhu� �`'— Risk Managenrent Analyst