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HomeMy WebLinkAboutR-2014-086 911 Emergency Communications System Call Center and City Dispatch Center Construction and Use Agreement w Yakima CountyRESOLUTION NO. R-2014-086 A RESOLUTION authorizing the execution of an Interlocal Agreement with Yakima County. WHEREAS, this Interlocal agreement is entered into by and between the City of Yakima, a municipal corporation of the State of Washington, and Yakima County, a political subdivision of the State of Washington, under the authority and in conformance with RCW 39.34, the Interlocal Cooperation Act. WHEREAS, the City of Yakima and Yakima County desire to enter into an Interlocal Agreement for the purpose of relocating Emergency 9-1-1 services and City of Yakima Dispatch. This agreement sets forth the fiscal responsibilities of both parties, the responsibly of the project committee, and, establishes the effective date of the agreement. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manger and City Clerk of the city of Yakima are hereby authorized and directed to execute an agreement with Yakima County for the purpose mentioned above, a copy of which agreement, entitled "COUNTY OF YAKIMA AND CITY OF YAKIMA INTERLOCAL AGREEMENT FOR CONSTRUCTION AND ON-GOING USE OF A 911 EMERGENCY COMMUNICATION SYSTEM'S CALL CENTER AND THE CITY DISPATCH CENTER," is attached hereto and by reference and made a part hereof, ADOPTED BY THE CITY COUNCIL this 17th day of June, 2014. ATTEST: Mica y, Mayor hCa e COUNTY OF YAKIMA AND CITY OF YAKIMA INTERLOCAL AGREEMENT FOR CONSTRUCTION AND ON-GOING USE OF A 911 EMERGENCY COMMUNICATION SYSTEM'S CALL CENTER AND THE CITY DISPATCH CENTER THIS AGREEMENT is entered into between Yakima County, Washington (hereafter "County"), a political subdivision of the State of Washington, and the City of Yakima, (hereinafter "City"), a municipal corporation, pursuant to RCW 39.34. WHEREAS, pursuant to RCW 82.146 and YCC Chapter 3.36, the County collects telephone access and radio access line excise taxes for the purpose of funding and providing a 911 emergency services communication system; and, WHEREAS, local government entities in Yakima County, Washington have entered into an Interlocal Agreement with Yakima County entitled "Yakima County Department of Communications Intergovernmental Agreement for 911 Answering Services" dated April 27, 1993, for provision of 911 emergency services communication system on a county wide basis to participating members; and, WHEREAS, in 2006, the County and City entered into a "911 Support Services Agreement" between the County and the City, whereby the City provides the County and Yakima County 911 with the necessary support services to efficiently and economically operate the 911 emergency services communication system within Yakima County; and, WHEREAS, the 911 Support Services Agreement will expire on December 31, 2014 pursuant to the "Fifth Amendment" to the Agreement and the terms of its extension will be the subject of further negotiations between the parties; and, WHEREAS, the City operates a dispatch center in conjunction with the 911 emergency services communications system; and, WHEREAS, it is in the best interests of the City, the County and the citizens who rely upon these emergency communications to retain a joint operation; and, WHEREAS, the County owns a parcel of property located at 2403 S. 18th ST., Union Gap, WA, 98903, Assessor's Parcel No.191332-42024, commonly known as the Resource Center ("RC "); and, WHEREAS, the County and City desire to relocate the 911 emergency services communication system's Call Center and the City's Dispatch Center (together, the "Center") to the RC and share equally in the construction costs necessary to accommodate the relocation (hereinafter "the Project"); NOW, THEREFORE, it is hereby agreed as follows: 1. Purpose. The purpose of this Agreement is to provide for the relocation of the Center to the RC and set forth the responsibilities of the parties for the construction costs necessary to accommodate the relocation and to define the terms of on-going lease costs for the Center. 2. Duration. This Agreement shall become effective on the date of execution by the County and the City and shall continue for a term of thirty (30) years unless terminated earlier by mutual agreement of the parties or replaced by a subsequent agreement. Provided, that the City's funding and repayment obligations set forth in Section 4 shall survive termination of this Agreement unless or until other specific repayment arrangements are agreed upon by the parties in writing. 3. Project Design and Construction. The Project design and construction shall be jointly determined through a Project Committee which shall include; the ITS Manager of the City, the Communications Manager of the Yakima Communications Center, the Public Services Director of the County and the County Public Services Project Manager. Any changes to the scope cost or design of the Project shall be mutually agreed upon by the Committee. The County shall engage and manage project managers, architects and other design professionals and contractors with the expertise and experience necessary to successfully complete the Project. The County shall obtain or cause to be obtained and maintained in effect, all necessary building permits, licenses and other governmental approvals that might be required in connection with such work. 4. Project Budget and Funding. 4.1 Project Construction Budget. The working capital budget for the Project is included in Exhibit A. The budget remains subject to change as the parties continue in their review and approval, as provided herein. The Project capital budget is estimated to be four million, six hundred forty seven thousand, five hundred seventy-six dollars ($4,647,576). 4.2 County Funding. The County intends to issue its limited tax general obligation bonds in 2014 ("Bonds"), payment of which is expected to be made from 911 excise taxes, to finance the design and construction of the Project. 4.3 City Funding. The City will be responsible for providing the funding for one half of the Project capital cost net of any contribution from the 911 reserve fund, including one-half of the County's cost of financing of the Bonds, incurred after this Agreement is executed, increased or decreased as appropriate resulting from Project scope, design, and schedule changes as well as any cost overruns, all of which shall be reviewed and approved by the parties hereto in writing. The City's obligation is estimated to be two million three hundred twenty three thousand, seven hundred eighty eight dollars ($2,323,788). The City will reimburse the County for the City's share of the Project design and construction costs, together with any additional costs associated with the Project that are agreed upon in writing by the parties prior to being expended, as well as financing costs and interest relating thereto, pursuant to Section 4.4. 4.4 Repayment Schedule. The City's obligation shall be payable to the County in annual installments, with the payment term consistent with the County's financing, which is anticipated to be a 20 year bond issue. The first annual installment shall be payable on or before 15 days prior to the first payment due date on the bond issue, with succeeding payments due on or before May 15 of each succeeding year until the obligation is paid in full. The amount to be paid each year will be annual installments equal to one-half of the debt service on the County's bonds that are directly attributable to financing the Project costs incurred under this Agreement, including related costs of issuance. 5. Building Lease. In addition to capital funding set forth in Section 4, the Center shall pay the County a monthly lease payment based on the square footage of occupancy, which lease payment shall include the cost for all building maintenance, basic janitorial service and utilities. The responsibility for these payments shall be divided equally between the 911 Emergency Communication System's Call Center and the City's Dispatch Center. The lease payment will be based on a cost per square foot of occupied space, to be determined by the County, and shall be the same cost per square foot rate as is uniformly applied to all County facilities. The lease costs shall be adjusted no more often than once annually. 6. No Third Party Rights. This Agreement is entered into for the sole benefit of the County and the City. It shall confer no benefits or rights, direct or indirect, on any third parties. No person or entity other than the County and the City may rely upon or enforce any provision of this Agreement. 7. Indemnification and Hold Harmless. 7.1 Each party hereto agrees to be responsible for and assume liability in the performance of this Agreement for its own wrongful and/or negligent acts or omissions and those of its officers, agents, or employees to the fullest extent allowed by law. 7.2 No party shall be required to indemnify, defend or save harmless the other party if a claim, suit or action for injuries, death or damages is caused by the sole negligence of the other party. For such claims, suits or actions resulting from concurrent negligence of the parties the indemnity provisions provided herein shall be valid and enforceable only to the extent of the party's own negligence. Each of the parties agrees that its obligations under this sub -paragraph extends to any harm, demand and/or cause of action brought on by, or on behalf of, any of its employees or agents. For this purpose, each party, by mutual negotiation, hereby waives, with respect to the other party only, any immunity that would otherwise be available against such claims under the industrial insurance provisions of Title 51 RCW, only to the extent necessary to indemnify the other party. 7.3 The provisions of this Section shall survive the termination or expiration of this Agreement. 7.4 Nothing contained in this Section or this Agreement shall create a liability or a right of indemnification in any third party. 8. Integration. This Agreement contains all of the terms and conditions agreed on by the parties. No other understandings, oral or otherwise, regarding the subject matter of the Agreement, are deemed to exist or to bind either of the parties. 9. Modifications. The parties may modify this Agreement but no proposed changes or modifications shall have validity or become binding on either party unless such changes or modifications are in writing and executed by both parties. 10. Severability. 10.1 If a court of competent jurisdiction holds any part, term or provision of this Agreement illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held invalid. 10.2 If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which is in conflict shall be deemed inoperative and null and void insofar as it conflicts, and shall be deemed modified to conform to such statutory provision. 11. Waiver. The waiver by either party of any term or condition of this Agreement shall not operate in any way as a waiver of any other condition, obligation or term or prevent either party from enforcing such provision. 12. Survival. Any provision of this Agreement which imposes an obligation after expiration or termination of this Agreement shall survive the expiration or termination and shall bind the parties. 13. Notices. Unless otherwise stated herein, all notices and demands are required in written form and sent to the parties at their addresses as follows: TO: CITY OF YAKIMA Tony O'Rourke, City Manager City of Yakima 129 North Second Street Yakima, WA 98901 TO: YAKIMA COUNTY Board of County Commissioners 128 North Second Street Yakima, WA 98901 14. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 15. Compliance with Law. All parties to this Agreement shall comply with all applicable federal, state and local laws, rules and regulations in carrying out the terms and conditions of this Agreement. 16. Filing. Copies of this Agreement shall be filed with the Yakima County Auditor, pursuant to RCW 39.34.040, and with the City Clerk of Yakima. Executed by the parties this 1 day of ATTEST: 0.1 . J• City Clerk CITY OF Y Tony O'Rourk ity Manager City Contract No.: 9011,1 I.� �/ Resolution No.: (2i"�-O "'060 2014. Lu moo ATTEST: Tiera L. Girard, Clerk of the Board BOARD OF YAKIMA COUNTY COMMISSIONERS . Bouchey, Chairman J. Rand Elliott, Commissioner Excused Michael D. Leita, Commissioner proved as to form: Terry D. Austin Chief Civil Deputy Prosecuting Attorney BOCC240-2014 June 17, 2014 RC BUDGETARY COST ESTIMATE; (911, Dispatch) BASE ESTIMATE SCOPE: (Includes 20% Contractor General•Requiremehts, Overhead & Profit, Bond & Irisufarice. B & 0 Tax Mark -Ups PROJECT COMPONENT Quantity Unit Cost per Unit Est. Cost 5% Design Contingency 4% Cost Escalation MACC 30% Soft Cost Total Construction and Design Predsign Costs Total SF 1) 911 Communications Center 1.2 LS $1,346,664 $1,615,996. $80,800 $67,872 $1,764,668 $529,400 $2,294,068 , $29,720 $2,323,788 4,565 2) Dispatch Center 1.2 LS ,$1,346,664 $1,615,996 ..v_ $80,800 $67,872 , $1,764,668 $529,400 . $2,294,068 $29,720 $2,323,788 4,565 NOTES: The above costs include a 20% general contractor's mark-up to cover general requirements, overhead & profit, bond & insurance, and B & 0 tax. In addition,a 5% preliminary design contingency and a 4% construction cost escalation premium has been added to the estimate bottom-line. A composite 30% softcost allowance includes 8.2% for sales tax, 13% for A&E design fees, a 3% construction contract contingency, 3% for building permits & fees, 1% for thirdparty testing, and 1.8% for mechanical & electrical third party commissioning. Owner's administration and moving costs are not included. EXHIBIT 'A' BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 11. For Meeting of: June 17, 2014 ITEM TITLE: Resolution authorizing an Interlocal Agreement with Yakima County for Construction and on-going use of a 911 Emergency Communications System's Call Center and City Dispatch Center. SUBMITTED BY: Bradley D. Coughenour, Communications Manager SUMMARY EXPLANATION: This resolution establishes the annual fiscal responsibilities between Yakima County and the City of Yakima for the purpose of relocating the 911 services and the City of Yakima's Public Safety Dispatch Services. Resolution: X Other (Specify): Contract: X Start Date: June 17, 2014 Item Budgeted: Yes Funding Source/Fiscal Impact: Strategic Priority: Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: Ordinance: Contract Term: 30 Years End Date: June 16, 2044 Amount: $631,300 The $631,300 is a combined cost betwwen 911 services and dispatch services. Therefore 50% of the bond and lease payments will be paid from the 911 excise tax, the other 50% public safety debt services. Public Safety City Manager RECOMMENDATION: The county and city managers assigned to this committee have agreed to these terms. ATTACHMENTS: Description Upload Date Type ❑ Cover Letter tororzu"14 Cover Memo ❑ Resolution authorizing Interlocal Agreement with 6/10/2014 Cover Memo Yakima County for 911 Services ❑ Yak Co and City 911 Interlocal Agreement 6/12/2014 Cover Memo suncomm 911 COMMUNICATIONS DATE: June 6, 2014 YAKIMA PUBLIC SAFETY COMMUNICATIONS CENTER 200 South 3RD Street Yakima, Washington 98901 TO: Mayor Cawley and City Council Members FROM: Brad Coughenour, Communications Manager SUBJECT: Communications Center The Public Safety Answering Point (PSAP) commonly known as 9-1-1 Communications, in -conjunction with Police and Fire Dispatch operations located in the Richard A. Zais Jr, Center for Law and Justice was opened in 1996. Since that time population has increased and in turn the call volume and the calls for service have followed the same trend. These circumstances generated the need for the staff to explore the need for future expansion beginning in 2009. At the present time, the center has two distinct but mutually supported missions: first the center answers all incoming 9-1-1 calls within the city and county. Secondly, the center serves as the law enforcement and fire service dispatch center. In order to sustain current and future operations for public safety communications the City of Yakima and Yakima County jointly has determined the need for a larger and more modern facility that will support present and future technology requirements and the potential that the center will need to support a larger staff of call -takers and dispatchers to meet the needs of public safety. In the current configuration, the City of Yakima and Yakima County jointly share in the cost and use of the computer aided dispatch (CAD) system, transfer calls for service between the Communication Services to Yakima County Business Phone: 509.248.9911 Business Fax: 509.576.6555 C:\Program Files\neevia.com\docConverterPro\temp\NVDC\32BCA136-3B83-45AB-87D7- 801 AFB4FA44E\PDFConvert.4095.1. City Council 061714.docx 44,s suncomm 911 COMMUNICATIONS YAKIMA PUBLIC SAFETY COMMUNICATIONS CENTER 200 South 3RD Street Yakima, Washington 98901 city and county, and agree that there is an immediate need to design a public safety radio system that will create interoperability between all public safety agencies. To support these findings a proposed "Interlocal Agreement for Construction and On - Going Use Agreement" has been developed which outlines the funding responsibilities of both parties. Specifically, to fund this project the County intends to issue its limited tax general obligation bonds to obtain funding for this project in the amount of $4,647,576.00, in which the City will be responsible for one-half of the construction costs or $2,323,788.00 which is intend to be repaid over the life of bond of 20 years or less. In addition to the bond repayment, the city will be responsible for an annual lease and maintenance cost of the facility which is estimated to be $128,700.00 annually. The combined annual payment of the bond obligation and maintenance and lease of the facility is estimated to be $530,428.00 annually. The 911/Communications Division's intent is to fund this agreement through the funds generated through the collection of 911 excise taxes and through a portion of the dispatching contracts held with outside police and fire agencies. Respectfully, Bradley D. Coughenour Communications Manager City of Yakima Communication Services to Yakima County Business Phone: 509.248.9911 Business Fax: 509.576.6555 C:\Program Files\neevia.com\docConverterPro\temp\NVDC\32BCA136-3B83-45AB-87D7- 801 AFB4FA44E\PDFConvert.4095.1. City Council 061714.docx suncomm 911 COMMUNICATIONS 44,s YAKIMA PUBLIC SAFETY COMMUNICATIONS CENTER 200 South 3RD Street Yakima, Washington 98901 Communication Services to Yakima County Business Phone: 509.248.9911 Business Fax: 509.576.6555 C:\Program Files\neevia.com\docConverterPro\temp\NVDC\32BCA136-3B83-45AB-87D7- 801 AFB4FA44E\PDFConvert.4095.1. City Council 061714.docx suncomm 911 COMMUNICATIONS DATE: June 6, 2014 YAKIMA PUBLIC SAFETY COMMUNICATIONS CENTER 200 South 3RD Street Yakima, Washington 98901 TO: Mayor Cawley and City Council Members FROM: Brad Coughenour, Communications Manager SUBJECT: Communications Center The Public Safety Answering Point (PSAP) commonly known as 9-1-1 Communications, in -conjunction with Police and Fire Dispatch operations located in the Richard A. Zais Jr, Center for Law and Justice was opened in 1996. Since that time population has increased and in turn the call volume and the calls for service have followed the same trend. These circumstances generated the need for the staff to explore the need for future expansion beginning in 2009. At the present time, the center has two distinct but mutually supported missions: first the center answers all incoming 9-1-1 calls within the city and county. Secondly, the center serves as the law enforcement and fire service dispatch center. In order to sustain current and future operations for public safety communications the City of Yakima and Yakima County jointly has determined the need for a larger and more modern facility that will support present and future technology requirements and the potential that the center will need to support a larger staff of call -takers and dispatchers to meet the needs of public safety. In the current configuration, the City of Yakima and Yakima County jointly share in the cost and use of the computer aided dispatch (CAD) system, transfer calls for service between the Communication Services to Yakima County Business Phone: 509.248.9911 Business Fax: 509.576.6555 C:\Program Files\neevia.com\docConverterPro\temp\NVDC\32BCA136-3B83-45AB-87D7- 801 AFB4FA44E\PDFConvert.4095.1. City Council 061714.docx 44,s suncomm 911 COMMUNICATIONS YAKIMA PUBLIC SAFETY COMMUNICATIONS CENTER 200 South 3RD Street Yakima, Washington 98901 city and county, and agree that there is an immediate need to design a public safety radio system that will create interoperability between all public safety agencies. To support these findings a proposed "Interlocal Agreement for Construction and On - Going Use Agreement" has been developed which outlines the funding responsibilities of both parties. Specifically, to fund this project the County intends to issue its limited tax general obligation bonds to obtain funding for this project in the amount of $4,647,576.00, in which the City will be responsible for one-half of the construction costs or $2,323,788.00 which is intend to be repaid over the life of bond of 20 years or less. In addition to the bond repayment, the city will be responsible for an annual lease and maintenance cost of the facility which is estimated to be $128,700.00 annually. The combined annual payment of the bond obligation and maintenance and lease of the facility is estimated to be $530,428.00 annually. The 911/Communications Division's intent is to fund this agreement through the funds generated through the collection of 911 excise taxes and through a portion of the dispatching contracts held with outside police and fire agencies. Respectfully, Bradley D. Coughenour Communications Manager City of Yakima Communication Services to Yakima County Business Phone: 509.248.9911 Business Fax: 509.576.6555 C:\Program Files\neevia.com\docConverterPro\temp\NVDC\32BCA136-3B83-45AB-87D7- 801 AFB4FA44E\PDFConvert.4095.1. City Council 061714.docx suncomm 911 COMMUNICATIONS 44,s YAKIMA PUBLIC SAFETY COMMUNICATIONS CENTER 200 South 3RD Street Yakima, Washington 98901 Communication Services to Yakima County Business Phone: 509.248.9911 Business Fax: 509.576.6555 C:\Program Files\neevia.com\docConverterPro\temp\NVDC\32BCA136-3B83-45AB-87D7- 801 AFB4FA44E\PDFConvert.4095.1. City Council 061714.docx c (_I"y En)cD, ErR R(G, /copy- 911 (SunComm) Relocation - 2015 CITY OF YAKIMA PROJECT NO. CC2379 INVITATION TO BID Contractor. Day Wireless Systems Phone. 509-248-0314 Address' 730 N 16th Ave Suite 1 Yakima, WA 98902 PROJECT SCOPE CITY OF YAKIMA ENGINEERING DIVISION 129 NO. 2ND STREET YAKIMA, WASHINGTON 98901 PHONE 575-6111 Bids will be received b the Yakima City Clerk until: This project provides for technical assistance with and relocation of the Yakima County 911 Center (SunComm) from its current location at 200 S. 3rd Street, Yakima, WA to 1802 S. 18th Street, Union Gap, WA. The work shall include, but not be limited to. providing knowledge, expertise and manpower to relocate, install, implement and optimize a variety of communication equipment and systems such as microwave systems, voting systems, base radio stations, Motorola 7500 radio console, multiplex equipment, and associated antennas on towers up to 120 feet as well as other related work all in accordance with the Plans and Specifications as prepared by the City Engineer of the City of Yakima A Pre -Bid meeting will be held at 10.00 a m., April 23, 2015. Bidders shall assemble at the 911 Center, 200 S 3rd Street, Yakima and the meeting will proceed to the new 911 Center site at 1802 S. 18th Street, Union Gap. INSTRUCTIONS TO THE CONTRACTOR Please return your lowest price for the following project by to the Yakima City Clerk's Office, 15` floor of City Hall. If you have any questions call Bob Desgrosellier at (509) 575-6228. The city reserves the right to reject any or all quotations and to accept any or all items at the price bid. The city intends to award this contract within 5 calendar days after bid opening. �8 E R - �fi -, , n. 1 1 444 DEPARTMENT OF UTILITIES AND ENGINEERING Debbie Cook, PE, Director Engineering Division 129 North Second Street Yakima, Washington 98901 (509) 575-6111 • Fax (509) 576-6305 ADDENDUM NO. 1 TO THE BID DOCUMENTS AND SPECIFICATIONS FOR THE CITY OF YAKIMA, WA For: 911 (SunComm) Relocation - 2015 City Project No.: CC2379 BIDS DUE: THURSDAY, APRIL 30TH, 3:00 P.M., YAKIMA CITY CLERK'S OFFICE TO THE ATTENTION OF ALL BIDDERS: The Construction Contract Specifications and Bid Documents shall be modified as follows ITEM 1. Specifications; GENERAL/SPECIAL INSTRUCTIONS: Item 29: Install two (2) new MTR3000's to Replace the Quantars at Fire Station 92 and at Lookout Point: Replace the following subsection as follows 29-a). Test existing antenna cabling, connectors and antennas. If these specific parts are determined to need replacing, those replacement parts, along with labor and equipment to install, will be covered by a change order." This ADDENDUM is to be considered as much a part of the contract provisions as if it were included in the body of the Plans and Specifications All Bidders shall acknowledge receipt of the ADDENDUM prior to bid opening. APPROVED AA � V� ll A -2o - \S Addendum No. 1 Brett H Sheffield, P`E." Date Chief Engineer *** END OF ADDENDUM NO. 1 *** Page 1 of 1 April 28, 2015 BID PROPOSAL 911 (SunComm) Relocation - 2015 CITY OF YAKIMA PROJECT NO. CC2379 ITEM NO. PROPOSAL ITEM PAYMENT SECTION QTY UNIT UNIT PRICE DOLLARS AMOUNT DOLLARS 1 Mobilization Per 2012 WSDOT Standard Specification 1-09 7 1 LS $5,890.00 $5,890 00 2 Pre -installation & Wiring - New Center Equipment Room, D34 Per General/Special Instructions #24 1 LS $9,078.00 $9,078 00 3 Install, Implement & Optimize Intraplex Channel Banks at Existing and New Center Per General/Special Instructions #25 1 LS $10,330.00 $10,330 00 4 Move the existing Motorola 7500 console equipment from the old center to the new center Per General/Special Instructions #26 1 LS $15,850 00 $15,850.00 5 General Antenna Installation Per General/Special Instructions #27 1 LS $17,604.00 $17,604.00 6 Install MTR3000 base/control; Fire Main Control, Police Main Control, etcetera Per General/Special Instructions #28 1 LS $7,827 00 $7,827 00 7 Install two (2) new MTR3000's to Replace the Quantars at Fire Station 92 and at Lookout Point Per General/Special Instructions #29 1 LS $6,650.00 $6,650.00 8 Install Moseley 900Mhz Multisite Radio System Per General/Special Instructions #30 1 LS $17,426.00 $17,426.00 9 Install Rayetheon/JPS three -site Voting System Interfaced thru Moseley Radio System (County Main) Per General/Special Instructions #31 1 LS $6,650.00 $6,650 00 10 Install Rayetheon/JPS three -site Voting System on City Fire Ops Channel Per General/Special Instructions #32 1 LS $6,650 00 $6,650 00 10 Install Aviat 11Ghz Microwave Radio System Per General/Special Instructions #33 1 LS $14,475 00 $14,475 00 11 Move the Yakima Police Voting System Per General/Special Instructions #34 1 LS $8,490 00 $8,490 00 12 Repair or Replacement Per General/Special Instructions #35 1 FA $2,000 $2,000 SubTotal WSSTax TOTAL: $128,920 00 $10,571 44 $139,491 44 Contractor's Signature: Date: tf i 36 i /5 BIO SUMMARY 911 (SunComm) Relocation Project CITY PROJECT NO. CC2379 ENGINEERS ESTIMATE Day Wireless Systems Yakima, WA ITEM NO. Bid Security ITEM OTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Mobilization 1 LS $5,890.00 $5,890.00 $5,890.00 $5,890.00 2 Pre-installation & Wiring - New Center Equipment Room, D34 1 LS $8,200.00 $8,200.00 $9,078.00 $9,078.00 3 Install, Implement & Optimize Intraplex Channel Banks at Existing and New Center 1 LS $7,700.00 $7,700.00 $10,330.00 $10,330.00 4 Move the existing Motorola 7500 console equipment from the old center to the new center 1 LS $11,300.00 $11,300.00 $15,850.00 $15,850.00 5 General Antenna Installation 1 LS $17,640.00 $17,640.00 $17,600.00 $17,600.00 6 Install MTR3000 base/control; Fire Main Control, Police Main Control, etcetera 1 LS $5,320.00 $5,320.00 $7,827.00 $7,827.00 7 Install two (2) new MTR3000's to Replace the Quantars at Fire Station 92 and at Lookout Point 1 LS $6,760.00 $6,760.00 $6,650.00 $6,650.00 8 Install Moseley 900Mhz Multisite Radio System 1 LS $11,800.00 $11,800.00 $17,426.00 $17,426.00 9 Install Rayetheon/JPS three-site Voting System Interfaced thru Moseley Radio System (County Main) 1 LS $5,320.00 $5,320.00 $6,650.00 $6,650.00 10 InstallRayetheon/JPS three-site Voting System on City Fire Ops Channel 1 LS $5,320.00 $5,320.00 $6,650.00 $6,650.00 11 Install Aviant 11Ghz Microwave Radio System 1 LS $11,800.00 $11,800.00 $14,475.00 $14,475.00 12 Move the Yakima Police Voting System 1 LS $6,760.00 $6,760.00 $8,490.00 $8,490.00 13 Repair or Replacement 1 FA $2,000.00 $2,000.00 $2,000.00 $2,000.00 Subtotal $ 105,810.00 $ 128,920.00 WSSTax $ 8,676.42 $ 10,571.44 TOTAL: $114,486.42 $ 139,491.44 CITY ENGINEERS REPORTw"�w MADE BY CITY MANAG • ' CITY OF YAKIMA 911 (SunComm) Relocation „y (--1�" 4 'yr •)i' I $tt BID PROPOSALS WERE OPENED ON APRIL 30TH, 2015. ALL BIDS HAVE BEEN REVIEWED BY THIS OFFICE. I RECOMMEND THE CONTRACT BE AWARDED TO: Day Wireless Systems, Inc- �/ 5—(-Zo/S / AWARD ; CITY PROJECT NO CC2379 DATE. April 30th, 2015 FILE. SunComm Relocation BidSum.pub SHEET 1 of 1 _ 5 _ cl_ M 1 �/5 ••� ,� h4 DATE CITY ENGIN' " j; . 4`�.r .:�,�v''` DATE CITY MAN A ER 911 (SunComm) Relocation - 2015 CITY OF YAKIMA PROJECT NO. CC2379 SPECIFICATIONS The 2014 Standard Specifications for Road, Bridge, and Municipal Construction published by the Washington State Department of Transportation and the Washington State Chapter of the American Public Works Association, by this reference, are made a part of these Contract Documents Except as may be amended, modified, or supplemented hereinafter, each section of the Standard Specifications shall be considered as much a part of these Contract Documents as if they were actually set forth herein The current edition of the International Building Code (IBC) published by the International Code Council (ICC), by this reference, is made a part of these Contract Documents Except as may be amended, modified, or supplemented hereinafter, each section of the IBC shall be considered as much a part of these Contract Documents as if they were actually set forth herein Any conflict between the spec books listed above shall be resolved by the sole determination of the City of Yakima (Owner) GENERAL/SPECIAL INSTRUCTIONS 1. Description of Project: This project provides for technical assistance with and relocation of the Yakima County 911 Center (SunComm) from its current location at 200 S 3rd Street, Yakima, WA to 1802 S 18th Street, Union Gap, WA. The work shall include, but not be limited to providing knowledge, expertise and manpower to relocate, install, implement and optimize a variety of communication equipment and systems such as microwave systems, voting systems, base radio stations, Motorola 7500 radio console, multiplex equipment, and associated antennas on towers up to 120 feet as well as other related work all in accordance with the Plans and Specifications as prepared by the City Engineer of the City of Yakima. 2. Consideration of Bid: The bidder must provide a bid on all Proposal Items to have their bid considered Failure to provide a bid on each Proposal Item shall deem the entire bid non-responsive and shall be rejected 3. Right to Award: The City of Yakima reserves the right to make contract award by Schedule or on an all or none basis, whichever is in the best interest of the City 4. Right to Reject: The City of Yakima reserves the right to reject any or all bids or accept any presented which meet or exceed these specifications and which they may deem to be in the best interest of the City and will not necessarily be bound to accept the low bid 5. Demonstrated Expertise and Experience: All bidders shall include with their bid a submittal that listing their depth of expertise and experience along with project references that will ensure the Owner of their ability to perform the required tasks Bidder shall provide proof that they have tower -certified employees capable of the antenna installations Failure to provide proof of adequate relative experience may result in rejection of the bid at the City's discretion 6. Timeframe: The successful bidder shall diligently pursue Contract execution, acquisition of Insurance and Bonding immediately upon identification as the lowest responsible bidder Work shall start as soon as possible after contract award However, work shall not begin without successful execution of the Contract and approval of Bonding and Insurance Any delay in the execution of the Contract or approvals of Bonding and Insurance shall not relieve the contractor from completing the work prior to the end of May 28, 2015 3 All work contained in this bid must be completed prior to the cutover of the 911 operations to the new center, scheduled starting on May 28, 2015 at 02 OOAM and continue without interruption until complete by the end of May 28, 2015 unless otherwise directed by the Owner Should failure to meet the cutover date and time be determined to be at the cause of contractor's work it shall result in Liquidated Damages of $1,000 for each day that the cutover is not working and operational or that the project is not substantially complete Final optimization and some installation may extend beyond the cutover date and avoid liquidated damages at Owner's direction if the operations are fully functional The contractor shall provide labor with the appropriate expertise to meet the project needs and aggressive schedule 7. Equipment: The Owner shall provide all major equipment and components to be installed The Contractor shall be responsible for providing all ancillary components including, but not limited to, cabling and connectors, antenna transmission cables and connectors, grounding kits, lightning protection, punch blocks or other termination points as needed, etcetera The contractor is responsible to supply and install all ancillary equipment, meeting IBC and industry standards, to provide a complete work for each identified bid item All costs of supplying and installing ancillary equipment to complete each item installation shall be included in the lump sum price for each bid item 8. Documentation: The contractor shall provide the Owner in writing all final configuration specifications including information such as, line levels, sensitivity, power -out, etcetera on all installed systems 9. Bid Summary Proposal Items: Work will be based on the bid items selected by the City for award Additional tasks may be added by mutual agreement between the Owner and the Contractor at a negotiated cost via written change order(s) 10. Workmanship: The contractor shall furnish all labor, equipment, and materials, which are necessary to complete the work as described in these specifications Quality of workmanship shall conform to the IBC and that which is provided by the trade in general Any variance from the specifications or standards of quality must be clearly pointed out in writing by the bidder A Performance Bond equal to the bid amount shall be required. (sample form attached) 11. Regulatory Requirements: The project shall be performed in a manner that is in compliance with all applicable federal, state and local laws and regulations, including, but not limited to, vehicle regulations (WSDOT/HMTUSA/other), environmental laws and regulations (EPA/WDOE/local), and health and safety laws and regulations (OSHA/WISHA/City Safety Codes) 12. Records: The contractor shall maintain operational records at its place of business for a minimum of five years These records shall include point of material pick up, type of material, quantity of material 13. Prevailing Wages: The contractor will comply with all provisions of Chapter 39 12 RCW - Prevailing Wages on Public Work. A. RCW 39 12 010 - The Prevailing Rate of Wage Contact the Department of Labor and Industries, to confirm current prevailing wage rate for applicable workers on this particular public work project. B RCW 39 12 040 - Statement of Intent to Pay Prevailing Wages and an Affidavit of Wages Paid Before the City may pay any sum due on account, it must receive a statement of Intent to Pay Prevailing Wages approved by the Department of Labor and Industries Following final acceptance of a public work project, and before any final money is disbursed, each contractor and sub -contractor must submit to the City an Affidavit of Wages Paid, certified by the Department of Labor and Industries 4 C RCW 39 12 070 - Fees Authorized for Approval Certification and Arbitrations Any fees charged by the Department of Labor and Industries for approvals or fees to cover costs of arbitration conducted shall be the responsibility of the contractor 14. Termination - Cause: The City reserves the right to terminate this contract at any time, upon written notice, in the event that the services of the Contractor are deemed by the City to be unsatisfactory, or upon failure to perform any of the terms and conditions contained in this agreement. In addition to the foregoing right of termination, the City may terminate this contract, with or without cause, upon thirty (30) days written notice to Contractor 15. Submission of Bid: Bid shall be submitted to the City Clerk's Office, Yakima City Hall, 129 North 2nd Street, Yakima, WA, 98901, by 3.00 p.m. on the date given on the Invitation to Bid page, in a sealed envelope labeled 911 (SunComm) Relocation - 2015, CITY OF YAKIMA PROJECT NO. CC2379, with the bid due date written on it. Bidders will not be allowed to adjust their bids after submission 16. No Disturbance: The contractor shall not disturb grounds or materials outside the sphere of the contracted project. 17. Pre -Bid Meeting: All bidders are highly encouraged to attend a Pre -Bid meeting on the date and at the time given in the Invitation to Bid The Pre -Bid meeting is to assist the bidders in identifying conditions unique to this project, which may affect their bid Bidders will not be allowed to adjust their bids after submission, based on information, which could have been obtained through the PreBid Meeting 18. Coordination: All questions regarding this bid invitation shall be directed to City of Yakima Senior Engineer, Bob Desgrosellier, at (509) 575-6228 or (C) (509) 728-3455 After contract award, the successful contractor shall coordinate their work with the City of Yakima Information Technology Manager, Wayne Wantland at (509) 575-6048 or (C) (509) 728-4258 19. Timing and Order of Work: The successful contractor shall coordinate with contact(s) listed above as to the timing and order of the work proposed Work timeframes shall be in accordance with specification item #6 above Any work that potentially interferes with the 911 Center operations shall be coordinated with and under the direction of the Owner 20. Business License: All bidders shall have a valid and current business license issued by the City of Yakima covering this type of work. It will be the contractor's responsibility to obtain any licenses or permits required, to complete the project. 21. No Preferences: No exceptions will be considered that may tend to give an individual bidder a distinct advantage 22. Contractor's Liability Insurance (Sample Certificate Attached): The contractor shall obtain and maintain in full force and effect during the term of the contract, commercial general liability coverage and automobile coverage with insurance carriers admitted to do business in the State of Washington The insurance companies must carry a Best's Rating of A- VII or better The policies will be written on an occurrence basis subject to the following minimum limits of liability 5 Commercial General Liability. Combined Single Limit: $1,000,000 Per Occurrence $2,000,000 Annual Aggregate The City of Yakima, its agents, elected and appointed officials, and employees are to be listed as additional insured under the policies The contractor will provide a Certificate of Insurance to the City as evidence of coverage The certificate will provide 45 days notice of cancellation, and under the cancellation section, the wording "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" will be crossed out. A copy of the additional insured endorsement attached to the policy will be included with the certificate The contract shall also maintain workers compensation through the State of Washington If at any time during the life of the contract or any extension, the contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately Any failure to maintain the required insurance may be sufficient cause for the City to terminate the contract. 23. Compliance with Immigration and Naturalization Act The City of Yakima supports the Federal Immigration, Reform and Control Act of 1986, as amended The City requires that all contractors or business entities that contract with the City for the award of any City contract for public works in excess of Five Thousand Dollars ($5,000), or any other City contract in excess of Two Thousand Five Hundred Dollars ($2,500), enroll in the E -Verify program or its successor, and thereafter to verify its employees' proof of citizenship and authorization to work in the United States E -Verify will be used for newly hired employees during the term of the contract only; it is not to be used for existing employees The Contractor must remain enrolled in the program for the duration of the contract and be responsible for verification of every applicable subcontractor If the contractor has not previously filed an E -Verify Compliance Declaration with the City, the contractor must sign the attached E -Verify Compliance Declaration and submit it to the City prior to being awarded the contract. Failure to do so may be cause for rejection of the bid 24. Pre -installation & Wiring at New Center Equipment Room, D34: This item shall consist of all labor, equipment and ancillary components required to a) Pre -install and wire the New Center Equipment Room, D34, as needed b) Verify the location of all telco demarks c) Verify the functionality of any circuits e g. end-to-end test of 4 -wire leased lines, T1 line Contractor must submit a detailed written/drawn plan with adequate detail indicating objectives and work to be completed a minimum of five (5) days in advance of pre -installing and wiring the new center equipment room All costs anticipated for pre -installing and wiring the new center equipment room shall be incidental to and included in the Lump Sum contract price for "Pre -installation & Wiring at New Center Equipment Room, D34." 25. Install, Implement & Optimize Intraplex Channel Banks at Existing and New Center: This item shall consist of all labor, equipment and ancillary components required to a) Install the Intraplex channel banks at existing and new center in Owner -provided racks b) Install all interconnections to radio circuits/console equipment as directed by the Owner c) Implement and optimize the channel banks ensuring end-to-end operations 6 Contractor must submit a detailed written/drawn plan with adequate detail indicating objectives and work to be completed a minimum of five (5) days in advance of installing, implementing and optimizing the intraplex channel banks at the existing and new center All costs anticipated to install, implement and optimize the intraplex channel banks at the existing and new center shall be incidental to and included in the Lump Sum contract price for "Install, Implement & Optimize Intraplex Channel Banks at Existing and New Center." 26. Move Existing Motorola 7500 Console Equipment from the Old Center to the New Center: This item shall consist of all labor, equipment and ancillary components required to. a) Complete and verify the operation of the re -installation of the Motorola Gold Elite Console at existing center b) Remove the Motorola 7500 racks and equipment from existing center and move to new center c) Implement and optimize 7500 console including all radio interfaces, workstations, etc Contractor must submit a detailed written/drawn plan with adequate detail indicating objectives and work to be completed a minimum of five (5) days in advance of moving existing Motorola 7500 console equipment from the old center to the new center All costs anticipated to move existing Motorola 7500 console equipment from the old center to the new center shall be incidental to and included in the Lump Sum contract price for "Move Existing Motorola 7500 Console Equipment from the Old Center to the New Center." 27. General Antenna Installation: This item shall consist of all labor, equipment and ancillary components required to a) Owner will provide all antennas b) At the new center, provide and install a lightning suppressor mount e g trapeze, at the entry port. c) At all other sites, install lightning suppressors, ground kits, and entry port boots as required d) Install transmission lines, verifying requirements with Owner prior to installation Contractor must submit a detailed written/drawn plan with adequate detail indicating objectives and work to be completed a minimum of five (5) days in advance of general antennae installation All costs anticipated for general antennae installation shall be incidental to and included in the Lump Sum contract price for "General Antennae Installation." 28. Install MTR3000 base/control; Fire Main Control, Police Main Control, etcetera: This item shall consist of all labor, equipment and ancillary components required to a) Install four (4) new MTR3000 base/control stations in provided racks at the new center (One (1) each for Fire Main Control, Police Main Control, Mountain Repeater Control, and Little Bald Receiver) i) Install transmission line and lightning suppressor for each radio to the entry port. ii) Optimize the base/control station installation to include interface to radio console Contractor must submit a detailed written/drawn plan with adequate detail indicating objectives and work to be completed a minimum of five (5) days in advance of installing new MTR3000 base/controls and other required work. All costs anticipated to install new MTR3000 base/controls and other required work shall be incidental to and included in the Lump Sum contract price for "Install MTR3000 base/control; Fire Main Control, Police Main Control, etcetera." 7 29. Install two (2) new MTR3000's to Replace the Quantars at Fire Station 92 and at Lookout Point: This item shall consist of all labor, equipment and ancillary components required to a) Test existing antenna cabling, connectors and antennas and replace as need b) Optimize the base/control station installation to include end-to-end levels and signaling and interface to radio console Contractor must submit a detailed written/drawn plan with adequate detail indicating objectives and work to be completed a minimum of five (5) days in advance of installing two (2) new MTR3000's at Fire Station 92 and at Lookout Point All costs anticipated to install two (2) new MTR3000's at Fire Station 92 and at Lookout Point shall be incidental to and included in the Lump Sum contract price for "Install two (2) new MTR3000's to Replace the Quantars at Fire Station 92 and at Lookout Point." 30. Install Moseley 900Mhz Multisite Radio System: This item shall consist of all labor, equipment and ancillary components required to a) Install a 900 MHz 6 -ft grid dish (Owner -supplied) at the YCRC tower (C/L 90 -ft) and at Eagle Pt. (C/L 14.8 -ft.). b) Install a 900 MHz 6 -ft grid dish (Owner -supplied) at the YCRC tower (C/L 90 -ft) and at Cowiche (C/L 67.9 -ft). c) Verify and provide as needed mounting hardware at each location d) Install transmission lines, grounding kits, lightning suppressors as needed at each location. e) Coordinate with Owner and remote site Operators for installation f) Install radio system components in Owner -provided racks g) Coordinate with Moseley for on-site tech support. (Mosely support at Owners' expense) h) Implement and optimize the system to include antenna alignment and interface to radio console Contractor must submit a detailed written/drawn plan with adequate detail indicating objectives and work to be completed a minimum of five (5) days in advance of installing Moseley 900mhz multisite radio system All costs anticipated to installing Moseley 900mhz multisite radio system shall be incidental to and included in the Lump Sum contract price for "Install Moseley 900Mhz Multisite Radio System." 31. Install Rayetheon/JPS three -site Voting System Interfaced thru Moseley Radio System (County Main): This item shall consist of all labor, equipment and ancillary components required to a) Install Owner -supplied JPS system at new center in Owner -supplied rack. b) Implement and optimize JPS to include interface to console Contractor must submit a detailed written/drawn plan with adequate detail indicating objectives and work to be completed a minimum of five (5) days in advance of installing Rayetheon/JPS Voting System (at County Main) All costs anticipated to install Rayetheon/JPS Voting System (at County Main) shall be incidental to and included in the Lump Sum contract price for "Install Rayetheon/JPS three - site Voting System Interfaced thru Moseley Radio System (County Main)." 32. Install Rayetheon/JPS three -site Voting System on City Fire Ops Channel: This item shall consist of all labor, equipment and ancillary components required to 8 a) Install Owner -supplied JPS system at new center in Owner -supplied rack. b) Implement and optimize JPS to include interface to console Contractor must submit a detailed written/drawn plan with adequate detail indicating objectives and work to be completed a minimum of five (5) days in advance of installing Rayetheon/JPS Voting System (on City Fire OPS Channel) All costs anticipated to install Rayetheon/JPS Voting System (on City Fire OPS Channel) shall be incidental to and included in the Lump Sum contract price for "Install Rayetheon/JPS three - site Voting System on City Fire Ops Channel." 33. Install Aviat 11GHz Microwave Radio System: This item shall consist of all labor, equipment and ancillary components required to a) Install an 11 GHz 3 -ft parabolic dish (Owner -supplied) at the YCRC tower and at Lookout Pt. b) Verify and provide as needed mounting hardware at each location c) Install transmission lines, grounding kits, and lightning suppressors as needed at each location d) Install Owner -provided dehydrators at both locations e) Install a rack -mount DC/DC converter at Lookout and a rackmount -48VDC supply at the YCRC, both Owner -supplied f) Install radio system components in Owner -provided racks g) Coordinate with Aviat for tech support. (Aviat support at Owners' expense) h) Implement and optimize the radio system (Includes antenna alignment) i) Install Owner -provided Intraplex Multiplex shelves at Look Out Point and the new Center j) Under direction of the Owner, move the appropriate channel modules into the installed Intraplex shelf units and make interconnections to transfer functionality to 11 GHz system Contractor must submit a detailed written/drawn plan with adequate detail indicating objectives and work to be completed a minimum of five (5) days in advance of installing Aviat 11ghz microwave radio system All costs anticipated to install an Aviat 11ghz microwave radio system shall be incidental to and included in the Lump Sum contract price for "Install Aviat 11Ghz Microwave Radio System." 34. Move the Yakima Police Voting System: This item shall consist of all labor, equipment and ancillary components required to a) Move the Yakima Police Voting System, following step-by-step instructions outlined by the Owner and their representatives to minimize downtime on these channels b) Circuits on the T-1 and Intraplex multiplexer system described in item 25 above shall be used to make these equipment moves c) Add an additional voted site with equipment removed from City Fire Ops system d) Implement and optimize the system to include interface to radio console Contractor must submit a detailed written/drawn plan with adequate detail indicating objectives and work to be completed a minimum of five (5) days in advance of moving the Yakima Police Voting System. All costs anticipated to move the Yakima Police Voting System shall be incidental to and included in the Lump Sum contract price for "Move the Yakima Police Voting System." 9 35. REPAIR OR REPLACEMENT: This item shall consist of repair of any incidental damages to building features that were found to be damaged prior to contract work or damaged through no fault of the contractor This could include complete replacement of items that are beyond repair as determined by the Engineer Payment for the item "Repair or Replacement" shall be by force account. For the purpose of providing a common proposal for all bidders, and for that purpose only, the City has estimated the force account for "Repair or Replacement", and has arbitrarily entered the amount for the pay item in the proposal to become a part of the total bid by the Contractor 10 CONTRACT THIS AGREEMENT, made and entered into in triplicate, this 5th day of May , 2015, by and between the City of Yakima, hereinafter called the Owner, and Day Management Corp. . a Oregon Corporation, hereinafter called the Contractor WITNESSETH. That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows. I The Contractor shall do all work and furnish all tools, materials, labor and equipment for THE BID AMOUNT OF $ 139,491.44 for 911 (SunComm) Relocation - 2015, City of Yakima Project No. CC2379, all in accordance with, and as described in the attached plans and specifications, the 2014 Standard Specifications for Road, Bridge, and Municipal Construction and the current edition of the International Building Code (IBC) which are by this reference incorporated herein and made a part hereof, and shall perform any alterations in or additions to the work provided under this contract and every part thereof Work shall start as soon as possible after contract award (upon successful Contract, Bond and Insurance Execution), and shall be substantially complete by the end of May 28, 2015. If said work is not completed within the time specified, the Contractor agrees to pay to the Owner the sum specified in the Standard Specifications for each and every day said work remains uncompleted after expiration of the specified time, as liquidated damages. The Contractors shall provide and bear the expense of all equipment; work and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in this contract and every part thereof, except such as are mentioned in the specifications to be furnished by the City of Yakima. II The City of Yakima hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same according to the attached plans and specifications and the terms and conditions herein contained and hereby contracts to pay for the same according to the attached specifications and the schedule of unit or itemized prices hereto attached, at the time and in the manner and upon the conditions provided for in this contract. III INDEMNIFICATION The Contractor shall defend, indemnify, and hold harmless the City, its officers, elected officials, employees and agents from and against any and all claims, causes of action, damages, losses, and expenses of any kind or nature whatsoever, including but not limited to, attorney's fees and court costs, arising out of, relating to, or resulting from The Contractor's performance or non-performance of the services, duties and obligations required of it under this Agreement. IV. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor V It is further provided that no liability shall attach to the City of Yakima by reason of entering into this contract, except as expressly provided herein IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first herein above written. Countersigned CITY OF YAKIMA erk thi Say of I 2015. CONTRACTOR , a Oregon Corporation Attest: City Clerk CITY CONTRAC r NO: 21° /S' // 7 RESOLUTION NO: R7.a_a ek Its: President (Print Name) (President, Owner, etc.) Address. 4700 SE International Way Milwaiikie OR 97777 PERFORMANCE BOND BOND TO CITY OF YAKIMA KNOW ALL MEN BY THESE PRESENTS BOND NO. 1968877 That whereas the City of Yakima, Washington has awarded to Day Management Corporation (Contractor) hereinafter designated as the "Principal" a contract for the construction of the project designated 911 (SunComm) Relocation - 2015, CITY OF YAKIMA PROJECT NO. CC2379 all as hereto attached and made a part hereof and whereas, said principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract: NOW, THEREFORE, we, the principal, and The Hanover Insurance Company (Surety), a corporation, organized and existing under and by virtue of the laws of the State of New Hampshire , duly authorized to do business in the State of Washington, as surety, are jointly and severally held and firmly bound unto the City of Yakima, Washington, in the sum of $139,491.44 One hundred thirty nine thousand four hundred ninty one and 44/100 Dollars (Total Contract Amount) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by those presents. THE CONDITIONS OF THIS OBLIGATIONS IS SUCH, that if the above bonded principal shall faithfully perform all of the provisions of said contract in the manner and within the time therein set forth, or within such extensions of time as may be granted under said contract, and shall pay all laborers, mechanics, sub -contractors and material men, and all persons who shall supply said principal or sub -contractors with provisions and supplies for the carrying on of said work, and shall hold said City of Yakima, Washington, their employees, agents, and elected or appointed officials, harmless from any damage occasioned to any person or property by reason of any carelessness or negligence on the part of said principal, or any sub -contractor in the performance of said work and shall indemnify and hold the City of Yakima, Washington, its employees, agents, and elected or appointed officials, harmless from any damage or expense by reason of failure of performance as specified in said contract or from defects developing in the material or workmanship provided or performed under said contract, within a period of one year after its acceptance by the City of Yakima, Washington, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. This obligation is entered into in pursuance of the statutes of the State of Washington, and the Ordinances of the City of Yakima, Washington. IN WITNESS WHEREOF, the said principal and the said surety have caused this bond to be signed and sealed by their duly authorized officers this 4th day of May , 20 15 Approved as to form: ity Attorney) 12 Day Management Corporation By. A (Prinrial_ ti (Signature) (Print Name) �reSodev.* (Title) The Har}over trance Company (Surety)' By. -e (Signature) Kristine E. Calvin • • nom' •�;'. ;c (Print Name) Attomey-in-Fact (Title) THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint Gregory C. Ryerson, Kristine E. Calvin and/or Patrick L. Goodman of Portland, OR and each is a true and lawful Attorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows Any such obligations in the United States, not to exceed Ten Million and No/100 ($10,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the President or any Vice President, in conjunction with any Vice President, be and they are hereby authorized and empowered to appoint Attorneys -in -fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company Any such writings so executed by such Attorneys -in -fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 - Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 7th day of November 2012. THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS,I SURANCE OMPANY OF AMERICA Robert Thomas, Vice President •loe rtF3 nstrom, iV ct► President On this 7th day of November 2012 before me came the above named Vice Presidents of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. BARBARA A. GARLICK Notary Public Commonwealth of Massachusetts My Comm ssich Expos Sept. 21, 2018 Barbara A. Garlick, Notary Public My Commission Expires September 21, 2018 I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Vice President of the Company, shall be binding on the Company to the same extent,as Jfall r x signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." (Adopted October,7',1981;- The ' '.. Hanover Insurance Company; Adopted April 14, 1982 - Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of ; America) •.�.. /' ." ', _1•'r i' • ., i'`; - •12015 \n `�''°, THE HANOVER INSURANCE COMPANY-.' r.) e. MA SA HUSETT BAY I - . ' CE COfNPANY r,' �:' CIT EN . I SU • j' CE •�r. • • % OF AMERICA* ' r,)._{�t'�.' �i 01 .p 1" Y t .7 1 pry a �, 41 ,"d,f';d31 b h-- I 'ete, Vice - es fent MOW GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 1141-- day of DAYMANA-01 MELODYK .Awiecr CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 5/5/2015 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 Durham and Bates Agencies, Inc. 720 SW Washington St. Ste250 Portland, OR 97205 CONTACT NAME: Laura Owens PHONE 503 224-5170 FAX (A/C, No, Ext): ( ) (A/c, No): - (503) 221-0540 E-MAIL DRESS. laurao@dbates.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A Atlantic Specialty Ins. Co. 27154 INSURED Day Management Corporation 4700 SE International Way Milwaukie, OR 97222 INSURER B Navigators Insurance Co 42307 INSURER C Hartford XXXXX INSURER D INSURER E X INSURER F COVERAGES CERTIFICATE NUMBER. REVISION NUMBER: 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 OF INSURANCE A INSD I WVD POLICY NUMBER EFF (MMIDDIYYYY) POLICY EXP LIMITS /YPOLICY (MMIDDYri) A X COMMERCIAL GENERAL LIABILITY LEACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR 7110140610001 10/01/2014 10/01/2015 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1,000,000 X $1,000,000 Umbrella MED EXP (Anyone person) $ 10,000 X Washington Stop Gap PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY J PE� X LOC PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER: WA Emplrs Liab $ 500,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 A ANY AUTO 7110140610001 10/01/2014 10/01/2015 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 8,000,000 B X EXCESS LIAB CLAIMS -MADE LA14EXC161165IV 10/01/2014 10/01/2015 AGGREGATE $ 8,000,000 DED RETENTION $ $ WORKERS COMPENSATION EMPLOYERS' LIABILITY STATUTE ER X ;MUTE C ANY PROPRIETOR/PARTNER/EXECUTIVE Y NN NIA 52WELN9641 10/01/2014 10/01/2015 E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT I $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) REPLACES CERTIFICATE DATED 5/1/2015 See attached forms for Additional Insured: Vantage for General Liability Technology Companies VCG207 11 13; Designated Additional Insured VCG245 02 05 CERTIFICATE HOLDER CANCELLATION City of Yakima City of County akimC 129 N 2nd Street Yakima, WA 98901 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORO" 111111 AGENCY CUSTOMER ID: DAYMANA-01 MELODYK LOC #: 0 ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Durham and Bates Agencies, Inc. NAMED INSURED Day Management Corporation 4700 SE International Way Milwaukie, OR 97222 POLICY NUMBER SEE PAGE 1 CARRIER SEE PAGE 1 NAIC CODE SEE P 1 EFFECTIVE DATE: SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE. Certificate of Liability Insurance Remarks: Carriers by State Hartford Insurance Co of the Midwest - Applies to State of Nevada (NAIC #: 37478) Hartford Accident and Indemnity - Applies to States of MT and OR (NAIC# 22357 ) Hartford Fire Insurance Company - Applies to CA (NAIC#19682) Twin City Fire Insurance Company - Applies to Sate of ID (NAIC# 29459) ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 711014061-0001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION II - WHO IS AN INSURED, 2. is amended to include as an additional insured. a. The certificate holder, but only as respects its liability arising out of your activities. b. The person or organization shown in the Schedule as an additional insured but only with respect to liability arising out of your operations or premises owned by or rented to you. SCHEDULE* City of Yakima, its agents, employees, elected and appointed officials, and employees 129 N 2nd Street Yakima, WA 98901 Insured Day Management Corporation DBA. Day Wireless Systems * information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations. VCG 24502 05 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 1 Copyright 2004 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. @VANTAGE FOR GENERAL LIABILITY TECHNOLOGY COMPANIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following schedule lists the coverage extensions provided by this endorsement. Refer to the individual provisions to determine the extent of your coverage. SCHEDULE OF COVERAGE EXTENSIONS 1. Additional Insured - Broad Form Vendors 2. Additional Insured — by Contract, Agreement or Permit relating to: o Work performed by you o Premises you own, rent, lease or occupy o Equipment you lease 3. Aggregate Limit Per Location 4. Blanket Waiver of Subrogation 5. Bodily Injury Redefined- Mental Anguish 6. Broadened Named Insured 7. Broadened Property Damage o Borrowed Equipment o Customers' Goods o Use of Elevators 8. Coverage Territory — Worldwide 9. Duties in Event of Occurrence, Claim or Suit 10. Expected or Intended Injury (PD) 11. Incidental Medical Malpractice 12. Medical Payments 13. Mobile Equipment Redefined 14. Newly Acquired or Formed Organizations 15. Non -Owned Aircraft 16. Non -Owned Watercraft 17. Personal and Advertising Injury 18. Product Recall Expense 19. Supplementary Payments Increased Limits 1. ADDITIONAL INSURED - BROAD FORM VENDORS Section II - Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) (referred to below as vendor) with whom you agreed in a written contract or agreement to provide insurance, but only with respect to "bodily injury" or "property damage' arising out of "your products° which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: a. This provision 1 . does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty not authorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor, or VCG 20711 13 Includes copyrighted material of Insurance Services Office, Inc. Copyright, OneBeacon Insurance Group LLC PRODUCER Page 1 of8 (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained in Subparagraphs 4. or 6.; or (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (9) Any vendor, person or organization if the "products -completed operations hazard" is excluded either by the provisions of the Coverage Form or by endorsement. b. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 2. ADDITIONAL INSURED — CONTRACT, AGREEMENT OR PERMIT a. Section II - Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) with whom you agreed in a written contract, written agreement or permit to provide insurance such as is afforded under this Coverage Part: 1. with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of "your work" for the additional insured(s) at the location designated in the contract, agreement or permit; or (b) In the maintenance, operation or use of equipment leased to you by such person(s) or organization(s), or (c) In connection with premises you own, rent, lease or occupy. 2. with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf and occurring after: (a) All work on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured at the site of the covered operations has been completed; or (b) 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 part of the same project. This insurance applies on a primary or primary and non-contributory basis if that is required in writing by the contract, agreement or permit. b. The insurance provided to the additional insured herein is limited. This insurance does not apply: 1. Unless (a) the written contract, agreement or permit is currently in effect or becomes effective during the term of this policy; and (b) the contract or agreement was executed or permit issued prior to the "bodily injury", "property damage", or"personal and advertising injury"; 2. To any person or organization included as an insured under the Additional Insured - Broad Form Vendors provision of this endorsement; 3. To any person or organization included as an insured by an endorsement issued by us and made part of this Coverage Part; 4. To any person or organization if the "bodily injury", "property damage", or "personal and advertising injury" arises out of the rendering of or failure to render any professional architectural, engineering or surveying services by or for you including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. VCG 207 11 13 Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 8 Copyright, OneBeacon Insurance Group LLC f 5. To any: (a) Lessor of equipment after the equipment lease terminates or expires; or (b) Owners or other interests from whom land has been leased; or (c) Managers or lessors of premises if: (1) The "occurrence" takes place after you cease to be a tenant in that premises; or (2) The "bodily injury", "property damage", "personal and advertising injury" arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. c. Limits of Insurance applicable to the additional insured are those specified in the contract, agreement or permit or in the Declarations of this policy, whichever is less, and fix the most we will pay regardless of the number of: 1. Insureds; 2. Claims made or "suits" brought; or 3. Persons or organizations making claims or bringing "suits". These Limits of Insurance are inclusive of and not in addition to the Limits of Insurance shown in the Declarations. 3. AGGREGATE LIMIT PER LOCATION a. Under Section III — Limits of Insurance, the General Aggregate Limit applies separately to each of your "locations" owned by or rented or leased to you. b. Under Section V — Definitions, the following definition is added: "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 4. BLANKET WAIVER OF SUBROGATION Section IV - Transfer of Rights of Recovery Against Others to Us Condition is amended to add the following: We will waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations done under a written contract or agreement with that person or organization and included in "your work" or the "products -completed operations hazard". This waiver applies only to persons or organizations with whom you have a written contract, executed prior to the "bodily injury" or "property damage", that requires you to waive your rights of recovery. 5. BODILY INJURY REDEFINED — MENTAL ANGUISH Under Section V, the definition of "bodily injury" is replaced by the following: "Bodily injury" means bodily injury, sickness, or disease sustained by a person, including mental anguish or death resulting from any of these at any time. 6. BROADENED NAMED INSURED Section II - Who Is An Insured is amended to include as an insured the following: Any organization which is a legally incorporated entity in which you own a financial interest of more than 50 percent of the voting stock on the effective date of this endorsement will be a Named Insured until the 180th day or the end of the policy period, whichever comes first, provided there is no other similar insurance available to that organization. The insurance afforded herein does not apply to any entity which is also an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its limits of insurance. VCG 207 11 13 Includes copyrighted material of Insurance Services Office, Inc. Page 3 of 8 Copyright, OneBeacon Insurance Group ILC regon Theodore R. Kulongoski, Governor Department of Consumer and Business Services Insurance Division 350 Winter St. NE PO Box 14480, Salem, OR 97309-0405 503-947-7980 Fax: 503-378-4351 www.insurance.oregon.gov CERTIFICATE OF INSURANCE ARTICLE April 22, 2010 Oregon insurance producers and industry representatives have advised the Insurance Division that they are concerned about continuing pressure to modify certificates of insurance to satisfy contracts that require a much broader extension of coverage than the policy will provide. Certificates of insurance state that they are issued as a matter of information only, and confer no rights upon the certificate holder. A certificate does not amend, extend or alter the coverage afforded by the policies represented. Oregon Revised Statute (ORS) 742.003 addresses the filing and approval of policy forms. Certificates of insurance are not considered part of the policy contract and are not required to be filed. If a document is issued that alters the contract agreement in any way, an admitted company would be required to have filed the change in the contract and have it approved prior to changing the policy language and issuing a certificate. The information on a certificate should represent the contract of insurance. There should be no variation in the information presented on the certificate from the coverage or conditions that are a part of that contract. An insurance producer who issues a certificate of insurance that is not a representation of the policy contract could be in violation of ORS 744 074 (1) (e). The director has the authority to place a producer on probation, or to suspend or revoke the license of a producer who intentionally misrepresents the terms of an actual or proposed contract of insurance. Jason Knutson From: Melody Kirkendall <melodyk@dbates.com> Sent: Tuesday, May 05, 2015 5:39 PM To: Bob Desgrosellier@yakimawa.gov Cc: Jason Knutson; Laura Owens, Aaron Spoonheim Subject: RE. Performance Bond and Certificate of Insurance Attachments: City of Yakima.pdf; Oregon State Ruling.pdf Hi Bob, Attached is a revised certificate of insurance. We did not add the Additional insured wording to the certificate, however we have added the designated additional insured which do show the wording requested. Effective 4/22/10, with the State of Oregon ruling about certificate language (see attached copy of the state ruling), Durham and Bates no longer puts names on certificates for additional insureds, etc and allows the contract language to speak with respect to who is considered an additional insured. If you look at the language found on the forms attached to this certificate of insurance, you will find that if you have a "written contract requiring insurance', your firm and any entity required within the contract is considered an additional insured. Please let us know if the attached endorsement meets your requirements, and if you need anything further on this please be sure to contact me. Sincerely Melody Kirkendall, CISR Commercial Lines Client Services DURHAM AND BATES INSURANCE BROKERS AND AGENTS melodvk@dbates.com PH 503 241 0154 FX 503 542.0625 www.durhamandbates.com 720 SW Washington Street, Suite 250, Portland, Oregon 97205 TOP PtAcEs Please note - requests for coverage and changes to coverage are effective only upon confirmation from a licensed representative. Thank You. From: Jason Knutson[mailto:JKnutson@daywireless.com] Sent: Tuesday, May 05, 2015 8:30 AM To: Melody Kirkendall Cc: Laura Owens; Aaron Spoonheim Subject: FW: Performance Bond and Certificate of Insurance Hi Melody, The City of Yakima was hoping they could get the below verbiage added to their COI. Can you make the change? Appreciate your help. Regards, 1 Jason Knutson Presale Project Manager 4700 SE International Way Milwaukie, OR 97222 503.659 1240 ext. 2266 DAY. WIRCLCSS SYST MS From: Michael Daversa Sent: Tuesday, May 05, 2015 8:25 AM To: Jason Knutson Subject: FW: Performance Bond and Certificate of Insurance Hi Jason, Bob over at Yakima asked if we could update the COI we gave to them with the verbiage below. Although they didn't require it, is this something we can accommodate? Thanks, Mike From: Desgrosellier, Bob [mailto: Bob. Desgrosellier@yakimawa.gov] Sent: Monday, May 04, 2015 3:47 PM To: Michael Daversa Subject: RE: Performance Bond and Certificate of Insurance Although we didn't require it, if it isn't too much to ask to update the COI to reflect an additional insured endorsement that the "The City of Yakima, its agents, elected and appointed officials, and employees", also being covered through an addition insured endorsement, it would be appreciated. Either way Thanks, Bob Robert J. Desgrosellier Senior Engineer City of Yakima Office: (509) 575-6228 The organization of choke providing public works education, advocacy, expertise, and public awareness for its diverse community of members. From: Michael Daversa [mailto:MDaversa@daywireless.com] Sent: Monday, May 04, 2015 3:41 PM To: Desgrosellier, Bob Cc: Mel Patnode Subject: RE: Performance Bond and Certificate of Insurance 2 Thanks Bob. If anything changes or you need me to have adjustments made to the COI, just let me know. Mike From: Desgrosellier, Bob [mailto: Bob. Desgrosellier@yakimawa.gov] Sent: Monday, May 04, 2015 3:22 PM To: Michael Daversa Cc: Mel Patnode Subject: RE: Performance Bond and Certificate of Insurance Importance: High Looks like we are good with the insurance document as sent. One thing Joel is taking about is the additional insured endorsement where we normally request with verbiage that the "The City of Yakima, its agents, elected and appointed officials, and employees", are also covered through an addition insured endorsement. I added Joel's comments as an FYI. Joel Pearson says. " I feel the insurance is adequate even though it doesn't exactly meet the specifications. The specifications refer to an old Acord form that is no longer used. Also, although the certificate does not show the additional insured wording request including "The City of Yakima, its agents, elected and appointed officials, and employees", the endorsement picks up all additional insureds required in written contract. The limits are much higher than requested " Bob Robert J. Desgrosellier Senior Engineer City of Yakima Office: (509) 575-6228 The organization of choke providing public works education, advocacy, expertise, and public awareness for its diverse community of members. From: Michael Daversa [mailto:MDaversa@daywireless.com] Sent: Monday, May 04, 2015 2:25 PM To: Desgrosellier, Bob Cc: Mel Patnode Subject: RE: Performance Bond and Certificate of Insurance Hi Bob, Would that email exchange around the COI happen between you and me? If so I have attached a copy. If there is someone else you would like me to work with on this topic let me know. Mike From: Desgrosellier, Bob [mailto: Bob. Desgrosellier@yakimawa.gov] Sent: Monday, May 04, 2015 11:54 AM To: Michael Daversa Cc: Mel Patnode Subject: RE: Performance Bond and Certificate of Insurance 3 Thank you. I just sent Mr. Patnode an email with items for him to pursue, along with a request for your company to work via email on the insurance certification until it is accepted by the city. When it is accepted, then a hardcopy would be appropriate. I ask this as if there is a hang-up it seems to be the insurance certification Thanks again, Bob Robert J. Desgrosellier Senior Engineer City of Yakima Office: (509) 575-6228 The organization of choice providing public works education, advocacy, expertise, and public awareness for its diverse community of members. From: Michael Daversa[mailto:MDaversaCadaywireless.com] Sent: Monday, May 04, 2015 11:33 AM To: Desgrosellier, Bob Cc: Mel Patnode Subject: Performance Bond and Certificate of Insurance Hi Bob, I wanted to drop you a quick note to provide you with our Certificate of Insurance and also let you know the Performance Bond has been secured. We are waiting on final signature from our VP and will mail the original out to the remit address you provided to me. If you have any questions or concerns please let me know. Thanks, Michael Daversa - PMP Project Manager Day Wireless Systems Office. 206-400-6111 Mobile. 206-786-8052 4 COMPLIANCE WITH IMMIGRATION AND NATURALIZATION ACT The City of Yakima supports the Federal Immigration, Reform and Control Act of 1986, as amended. The City requires that all contractors or business entities that contract with the City for the award of any City contract for public works in excess of Five Thousand Dollars ($5,000), or any other city contract in excess of Two Thousand Five Hundred Dollars ($2,500), enroll in the E -Verify program or its successor, and thereafter to verify its employees' proof of citizenship and authorization to work in the United States. E -Verify will be used for newly hired employees during the term of the contract ONLY: it is NOT to be used for existing employees. The Contractor must remain enrolled in the program for the duration of the contract and be responsible for verification of every applicable subcontractor. The contractor shall sign and return with their bid response the E -Verify Declaration below. , Failure to do so may be cause for rejection of bid. E -VERIFY COMPLIANCE DECLARATION The undersigned declares, under penalty of perjury under the laws of Washington State that: 1. By submitting this Declaration, I certify that I do not and will not, during the performance of this contract, employ illegal alien workers, or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986. 2. I agree to enroll in E -Verify prior to the start date of any contract issued by the City of Yakima to ensure that my workforce is legal to work in the United States of America. I agree to use E -Verify for all newly hired employees during the length of the contract. 3. I certify that I am duly authorized to sign this declaration on behalf of my company. 4. I acknowledge that the City of Yakima reserves the right to require evidence of enrollment of the E - Verify program at any time and that non-compliance could lead to suspension of this contract. Firm Name: Day Wireless Systems Dated this 29 day of April , 20 15 . Signature: Printed Name: MP ! Pa."---,Aode Phone #: 5b' 2 44 8 03/y Email Address: M 101 c.,4-1/1.40 Q� day tuI re, (tSS;,, o, ' 17 Project: (Name) (Address) To: (Contractor) City of Yakima 911 (SunComm) Relocation rDay Wireless 2415 S. 200`h street SeaTac, WA 98198 7 Cly 5 CCZ3)1 Change Order Change Order Number 1 Change Order Date _5/8/2015 Contract Number CC2379 Contract Date 5/5/2015 You are directed to make the following changes in this Contract: A. Replace and Relocate Tower Ground Bus (At SunComm Building) Basic Cost $496.06 WSST $ 40.18 Total Cost $536.24 B. Ground the Ice Bridge, Ice Bridge Posts, and Tower Climbing Ladder to the Tower Ground Ring Basic Cost $1812.12 WSST $ 146.78 Total Cost $1958.90 C. Add Ice Bridge to Fully Protect the Entry Port on the Building Basic Cost $511.43 WSST $ 41.43 Total Cost $552.86 Total Change Order No 1 • $3,048.00 Not valid until signed by both the Approving Authority and Contractor. Signature of the Contractor indicated agreement herewith, including any°adjustment on the Contract Sum or Contract Time. The original Contract Sum was $ $139,491.44 Net change by previous Change Orders .$ $0.00 The Contract Sum prior to this Change Order $ $139,491.44 The Contract Sum will be: NI Increased ❑ Decreased 0 Unchanged by this Change Order $ $ 3,048.00 The New Contract Sum including this Change Order will be , $ $142,539.44 The Contract Time will be: 0 Increased 0 Decreased ® Unchanged by working days The New Contract Time will be same working days Contractor By PA e cSnitel T •t0.ders�. Title ` f 012.C�`4"1•Q,YI oto) -e I& M Date (I MAY( Approval Recommended By itafp Date _s-- Approved �^l ,)Aco Title _Director Utilities and Engineering Date —/ Based on DOT Form 570-001 EF Original to: 0 Contractor Copies to: 0 Region 0 Construction Administrator ❑ OSC Accounting 0 City Engineering 1,/S -,i7 CITY CONTRAC r NO O g / 4 RESOLUTION NO: �. - .1.4? -- 911 (SunComm) Relocation City of Yakima Project #CC2379 Attachment to Change Order No. 1 dated May 8, 2015 Summary of Work: A. Replace and Relocate Tower Ground Bus (At SunComm Building) May 8, 2015 Remove the existing ground bus at the bottom of the tower cable ladder. Replace the ground bus with a similarly sized tinned unit. Prepare the new bus bar for grounding to the tower ground ring. Protect and dress wires using PVC conduit. Basic Cost $496.06 WSST $ 40.18 Total Cost $536.24 B. Ground the Ice Bridge, Ice Bridge Posts, and Tower Climbing Ladder to the Tower Ground Ring Bond each piece of the ice bridge structure per R56. Excavate as needed to find the existing ground ring and to provide buried grounding conductor routing to the ground ring. Bond the ice bridge posts, tower ground bus, and tower climbing ladder to the ground ring using exothermic welds. Return finished grade to its original condition. Note: #2 bare, tinned copper wire is acceptable for grounding conductors when used with the appropriate exothermic welding die. Basic Cost $1812.12 WSST $ 146.78 Total Cost $1958.90 C. Add Ice Bridge to Fully Protect the Entry Port on the Building Install a section of ice bridge sufficient to cover the entry port. Bond (ground) the new material to the existing ice bridge structure per R56. Basic Cost $511.43 WSST $ 41.43 Total Cost $552.86 Total Change Order No. 1: $3,048.00 City of Yakima Project: (Name) (Address) To: (Contractor) 911 (SunComm) Relocation TDay Wireless 2415 S. 200th street SeaTac, WA 98198 L 7 C; cie fk lk-20/Y—ad's Change Order Change Order Number 2 Change Order Date _7/22/2015 Contract Number CC2379 Contract Date 5/5/2015 You are directed to make the following changes in this Contract: A. Antenna 1: Change frequency at Blue from the RX frequency to the proper TX frequency B. Antenna 2: Physical examination of the Yagi antenna at Blue. C. Antenna 3: Examine frequency output of Blue antenna to determine if it has "drifted" off of frequency. Retune if it is possible. Total All Work Items: $2,428.84 WSSTx $ 199.16 Total C.O. Cost $2,628.00 Total Change Order No. 2: $2,628.00 Not valid until signed by both the Approving Authority and Contractor. Signature of the Contractor indicated agreement herewith, including any adjustment on the Contract Sum or Contract Time. The original Contract Sum was ... $ $139,491.44 Net change by previous Change Orders .$ $ 3,048.00 The Contract Sum prior to this Change Order ,,, $ $142,539 44 The Contract Sum will be: ® Increased ❑ Decreased 0 Unchanged by this Change Order $ $ 2,628.00 The New Contract Sum including this Change Order will be . $ $145,167 44 The Contract Time will be: 0 Increased 0 Decreased ® Unchanged by working days The New Contract Time will be same working days Contra• By Appr al Recommended e, By �it�4' 4 J"I_ ` Approved gy 4`�!��9C/14�,1( 2 Title _Director Utilities and Engineering Date / / LV /'s - ,_' OAS O Title AS Vr�'lt ( `' l of pro JeckOAP/kik 9Re By Date 94. S titL 15 Date t -ga ` 1 Date '''?/Z //5 r Based on DOT Form 570-001 EF Original to. 0 Contractor Copies to. 0 Region 0 Construction Administrator 0 OSC Accounting 0 City Engineering h.._.yp Project: (Name) (Address) To: (Contractor) City of Yakima 911 (SunComm) Relocation EDay Wireless (DWS) 2415 S. 200th street SeaTac, WA 98198 L J Ctc s Change Order Change Order Number 3 Change Order Date 7/24/2015 Contract Number CC2379 Contract Date 5/5/2015 You are directed to make the following changes in this Contract: Scope Reduction in 4 Bid Items of the project due to less work being performed by DWS than anticipated A. Bid Item 2: Pre installation and wiring: Reduction of $7,590.00 B. Bid Item 4: Move existing Motorola 7500 equipment: Reduction of $4,950.00 C. Bid Item 8: Install Moseley 900MHz multisite radio system: Reduction of $1,742.00 D. Bid Item 9: Install Rayetheon JPS three -site voting system through Mosely radio system: Reduction of $3,325.00 Total Reduction of 4 bid items: $17,607.00 WSSTx Reduction: $ 1,443.77 Total C.O. Project Reduction: (-S19,050.77) Not valid until signed by both the Approving Authority and Contractor Signature of the Contractor indicated agreement herewith, including any adjustment on the Contract Sum or Contract Time. The original Contract Sum was .." $ $139,491 44 Net change by previous Change Orders .. ....$ $ 5,676.00 The Contract Sum prior to this Change Order $ $145,167.44 The Contract Sum will be: ❑ Increased 0 Decreased ❑ Unchanged by this Change Order $ $ (19, 050.77) The New Contract Sum including this Change Order will be . . $ $126,116.67 The Contract Time will be: ❑ Increased ❑ Decreased ID Unchanged by working days The New Contract Time will be same working days Contract n Approval Recommended Approved 3 By ,,,1 t� e/1� By ! -�..G: = G\ By A �,? y( P Title ProSCC4— Y- \QA0.1.e" . Date August 24, 2015 Title _Director Utilities and Engineering le By i1/ Date 3 S c I J Date .1f // .3 Date 1 Based on DOT Form 570-001 EF Original to. 0 Contractor Copies to: 0 Region 0 Construction Administrator 0 OSC Accounting 0 City Engineering