HomeMy WebLinkAboutPW09-185 - Original - Accu-Comm, Inc. - Install Antenna at Station 75 - 10/29/2009 I
Records Managerner
KENT Document
WASHINGTON
ni (lzi s
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: Accu-Comm, Inc.
Vendor Number: 34563
ID Edwards Number
Contract Number: P(,-�b`l - 12S
This is assigned by City Clerk's Office
Project Name: Install Antenna at Station 75
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
❑ Other:
Contract Effective Date: 10/29/09 Termination Date: 12/31/09 T.
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Kevin Swinford Department: PW Ops, Water Facilities
Detail: (i.e. address, location, parcel number, tax id, etc.):
Fire Station 75 Antenna Installation
S:Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
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KEN T
WP5HINOTON
PUBLIC WORKS AGREEMENT
between City of Kent and
Accu-Comm, Inc.
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal
corporation (hereinafter the "City"), and Accu-Comm, Inc. organized under the laws of the State
of Washington, located and doing business at 9504 180th Street S.E., Snohomish, WA 98296,
Phone: 360-6686760, Fax: 360-668-6761, Contact Person: Michael J. Bingaman, President
(hereinafter the "Contractor").
AGREEMENT
The parties agree as follows:
I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City in accordance with the
following described plans and/or specifications:
- Install VHF antenna on 20 foot mast and attach to station roof at Station 75.
- Attach coaxial cable from antenna through penetration in roof to lower mechanical
room.
- Provide labor and materials for the antenna installation.
For a more detailed description of the scope of work, refer to Exhibit A which is
attached and incorporated into this agreement by reference.
Contractor further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices within the Puget Sound
region in effect at the time such services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks
described in Section I above immediately upon execution of this Agreement. Upon the effective
date of this Agreement, Contractor shall complete the work described in Section I by December
31, 2009 .
III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed
one thousand five hundred twelve and 40/100 ($1,512.40), including any applicable Washington
State Sales Tax, for the work and services contemplated in this Agreement. The City shall pay
the Contractor fifty percent (50%) of the Contract amount upon completion and acceptance of
the work by the City, and the remainder upon fulfillment of the conditions listed below and
throughout this Agreement.
PUBLIC WORKS AGREEMENT - 1
(Under$I0K and No Performance Bond)
A. No Payment and Performance Bond. Because this contract, including
applicable sales tax, is less than $25,000, and pursuant to Chapter 39.08
RCW, the Contractor, in lieu of providing the City a payment and
performance bond, has elected to have the owner retain the final fifty
percent (50%) of the Contract amount for a period of sixty (60) days after
the date of final acceptance, or until receipt of all necessary releases from
the State Department of Revenue and the State Department of Labor &
Industries and until settlement of any liens filed under Chapter 60.28 RCW,
whichever is later.
B. Defective or Unauthorized Work. The City reserves its right to withhold
payment from Contractor for any defective or unauthorized work. Defective
or unauthorized work includes, without limitation: work and materials that
do not conform to the requirements of this Agreement; and extra work and
materials furnished without the City's written approval. If Contractor is
unable, for any reason, to satisfactorily complete any portion of the work, the
City may complete the work by contract or otherwise, and Contractor shall be
liable to the City for any additional costs incurred by the City. "Additional
costs" shall mean all reasonable costs, including legal costs and attorney
fees, incurred by the City beyond the maximum Contract price specified
above. The City further reserves its right to deduct the cost to complete the
Contract work, including any Additional Costs, from any and all amounts due
or to become due the Contractor.
C. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF
FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A
WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND
PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE
TIME FINAL PAYMENT IS MADE AND ACCEPTED.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. The Contractor has the ability to control and direct the performance and
details of its work, the City being interested only in the results obtained
under this Agreement.
B. The Contractor maintains and pays for its own place of business from which
Contractor's services under this Agreement will be performed.
C. The Contractor has an established and independent business that is eligible
for a business deduction for federal income tax purposes that existed before
the City retained Contractor's services and is a service other than that
furnished by the City, or the Contractor is engaged in an independently
established trade, occupation, profession, or business of the same nature as
that involved under this Agreement.
PUBLIC WORKS AGREEMENT - 2
(Under$1OK and No Performance Bond)
D. The Contractor is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Contractor has registered its business and established an account with
the state Department of Revenue and other state agencies as may be
required by Contractor's business, and has obtained a Unified Business
Identifier (UBI) number from the State of Washington.
F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW
or an electrical contractor license pursuant to Ch. 19.28 RCW.
G. The Contractor maintains a set of books dedicated to the expenses and
earnings of its business.
V. TERMINATION. The City may terminate this Agreement for good cause. "Good
cause" shall include, without limitation, any one or more of the following events:
A. The Contractor's refusal or failure to supply a sufficient number of properly
skilled workers or proper materials for completion of the Contract work.
B. The Contractor's failure to complete the work within the time specified in this
Agreement.
C. The Contractor's failure to make full and prompt payment to subcontractors
or for material or labor.
D. The Contractor's persistent disregard of federal, state or local laws, rules or
regulations.
E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt.
F. The Contractor's breach of any portion of this Agreement.
If the City terminates this Agreement for good cause, the Contractor shall not receive any
further money due under this Agreement until the Contract work is completed. After
termination, the City may take possession of all records and data within the Contractor's
possession pertaining to this project which may be used by the City without restriction.
VI. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay
Prevailing Wages," with the State of Washington Department of Labor & Industries prior to
commencing the Contract work. Contractor shall pay prevailing wages in effect on the date the
bid is accepted or executed by Contractor, and comply with Chapter 39.12 of the Revised Code
of Washington, as well as any other applicable prevailing wage rate provisions. The latest
prevailing wage rate revision issued by the Department of Labor and Industries is attached.
VII. CHANGES. The City may issue a written change order for any change in the
Contract work during the performance of this Agreement. If the Contractor determines, for any
reason, that a change order is necessary, Contractor must submit a written change order
request to the person listed in the notice provision section of this Agreement, section XV(D),
within fourteen (14) calendar days of the date Contractor knew or should have known of the
facts and events giving rise to the requested change. If the City determines that the change
PUBLIC WORKS AGREEMENT - 3
(Under$1OK and No Performance Bond)
increases or decreases the Contractor's costs or time for performance, the City will make an
equitable adjustment. The City will attempt, in good faith, to reach agreement with the
Contractor on all equitable adjustments. However, if the parties are unable to agree, the City
will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed
with the change order work upon receiving either a written change order from the City or an oral
order from the City before actually receiving the written change order. If the Contractor fails to
require a change order within the time specified in this paragraph, the Contractor waives its
right to make any claim or submit subsequent change order requests for that portion of the
contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must
complete the change order work; however, the Contractor may elect to protest the adjustment
as provided in subsections A through E of Section VIII, Claims, below.
The Contractor accepts all requirements of a change order by: (1) endorsing it, (2)
writing a separate acceptance, or (3) not protesting in the way this section provides. A change
order that is accepted by Contractor as provided in this section shall constitute full payment and
final settlement of all claims for contract time and for direct, indirect and consequential costs,
including costs of delays related to any work, either covered or affected by the change.
VIII. CLAIMS. If the Contractor disagrees with anything required by a change order,
another written order, or an oral order from the City, including any direction, instruction,
interpretation, or determination by the City, the Contractor may file a claim as provided in this
section. The Contractor shall give written notice to the City of all claims within fourteen (14)
calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14)
calendar days of the date the Contractor knew or should have known of the facts or events
giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for
any reason, or extension of time, whether under this Agreement or otherwise, shall be
conclusively deemed to have been waived by the Contractor unless a timely written claim is
made in strict accordance with the applicable provisions of this Agreement.
At a minimum, a Contractor's written claim shall include the information set forth in
subsections A, items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY
CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS
SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Contractor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that
estimate was determined; and
5. An analysis of the progress schedule showing the schedule change or
disruption if the Contractor is asserting a schedule change or
disruption.
B. Records. The Contractor shall keep complete records of extra costs and time
incurred as a result of the asserted events giving rise to the claim. The City shall
have access to any of the Contractor's records needed for evaluating the protest.
PUBLIC WORKS AGREEMENT - 4
(Under$1OK and No Performance Bond)
The City will evaluate all claims, provided the procedures in this section are
followed. If the City determines that a claim is valid, the City will adjust payment
for work or time by an equitable adjustment. No adjustment will be made for an
invalid protest.
C. Contractor's Duty to Complete Protested Work. In spite of any claim, the
Contractor shall proceed promptly to provide the goods, materials and services
required by the City under this Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides,
the Contractor also waives any additional entitlement and accepts from the City any
written or oral order (including directions, instructions, interpretations, and
determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures
of this section, the Contractor completely waives any claims for protested work and
accepts from the City any written or oral order (including directions, instructions,
interpretations, and determination).
IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY
LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR
DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO
FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY
APPLICABLE STATUTORY LIMITATIONS PERIOD.
X. WARRANTY. Upon acceptance of the contract work, Contractor must provide the
City a one-year warranty bond in a form and amount acceptable to the City. The Contractor
shall correct all defects in workmanship and materials within one (1) year from the date of the
City's acceptance of the Contract work. In the event any parts are repaired or replaced, only
original replacement parts shall be used—rebuilt or used parts will not be acceptable. When
defects are corrected, the warranty for that portion of the work shall extend for one (1) year
from the date such correction is completed and accepted by the City. The Contractor shall begin
to correct any defects within seven (7) calendar days of its receipt of notice from the City of the
defect. If the Contractor does not accomplish the corrections within a reasonable time as
determined by the City, the City may complete the corrections and the Contractor shall pay all
costs incurred by the City in order to accomplish the correction.
XI. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on
behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates.
Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy
Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract
work, file the attached Compliance Statement.
XII. INDEMNIFICATION. Contractor shall defend indemnifyand hold the City, its
Y,
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
PUBLIC WORKS AGREEMENT - 5
(Under$10K and No Performance Bond)
connection with the Contractor's performance of this Agreement, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Contractor's work when completed shall not
be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Contractor
and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability
hereunder shall be only to the extent of the Contractor's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this
Agreement.
XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and
incorporated by this reference.
XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all
necessary precautions and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of the contract work and shall utilize all protection necessary
for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be
responsible for any loss of or damage to materials, tools, or other articles used or held for use in
connection with the work.
XV. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties' performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
PUBLIC WORKS AGREEMENT - 6
(Under$10K and No Performance Bond)
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section XII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Contractor.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Contractor's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
I. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONTRACTOR: CITY OF KENT:
By: f By: t�
signature) (srgnat re)
Print Name: e-�r{. -_e ieli6A An! Print Name: Donald C. Millett
Its Its: Public Works Operations Manager
(title)
DATE: /a - Z?- ��og DATE: q
PUBLIC WORKS AGREEMENT - 7
(Under$10K and No Performance Bond)
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
[Michael J. Bingaman, President Kevin Swinford, Water Facilities Field
Accu-Comm, Inc. Supervisor
9504 180th Street S.E. City of Kent
Snohomish, WA 98296 220 Fourth Avenue South
Kent, WA 98032
(360) 668-6760 or (800)404-9334 (telephone)
(360) 668-6761 (facsimile) (253) 856-5600 (telephone)
(253) 856-6600 (facsimile)
P Operations PNOpsContracts\Water\AccuCommPublicWorksContractAnWnnaInstallabon5tabon7510-09
PUBLIC WORKS AGREEMENT - 8
(Under$10K and No Performance Bond)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this . Z?Tti day of (f7GTvxfa— , 2001 .
By:
Fo r:—2!!!�—el 641--41),•r4
Title: �i�6r�t>6ni
Date:
EEO COMPLIANCE DOCUMENTS - 1
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on the_
(date) , between the firm I represent and the City of Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
Dated this day of , 200_.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
Exhibit A Scope of Work
PUBLIC WORKS
Timothy J Laporte, P E , Interim Director
NS7KENT• Phone 253-856-5500
WASH IN@T ON Fax 253-856-6500
OPERATIONS DIVISION
Don Millett, Manager
Phone 253-856-5600
Fax 253-856-6600
Mailing Address 220 Fourth Avenue South
Kent, WA 98032-5895
Operations Location Address 5821 South 240t"
Station 75 VHF Antenna and Coaxial Installation
Project Location
15635 SE 272"tl Street, Kent, Washington
Scope of Work
Install antenna on 20 foot mast and attach to station roof Attach coaxial cable from
antenna through penetration in roof to lower mechanical room Contractor shall route
coaxil cable into adjoining communication room (to be determined at time of installation).
To Include the Following
• Provide all labor and material for the complete installation of vhf antenna
• Install antenna height to reflect recommendation of Radio Path Study dated
5/14/2009 (see attached)
Exhibit A Scope of Work
layp , Inc. - - -
O
4Y/RECESS GIMMUN/G4 T/ON.S .SPEC/AL/ST.S
9504 180 St S E,Snohomish,WA 98296 800404-9334 360-668-6760 FAX 360-668-6761
5-14-2009
City of Kent, WA.
Public Works Department, Water
To: Kevin Swmford, Water Facilities Manager
Re: Fire #75 Fixed Base coverage project
Kevin,
We have completed our investigation of infrastructure required with which to install an
antenna at Fire#75 and the attendant RF coverage it will provide. As you are aware, this
location is in a deep hole, terrain-wise, so VHF is an advantage here for voice traffic from
a single location.
The coverage map provided shows the coverage that resulted from putting an antenna on
a 10-foot mast on top of the hose drying tower. This map indicates the 90% reliability
contour of this antenna, with an ERP (effective radiated power) of 110-watts VHF talking
to a mobile gam antenna placed 5-feet above the ground. This is a standard mobile
configuration.
No appreciable difference was noted within the City's area of responsibility between this
antenna and one placed at 100-feet above ground. Because of this, we don't recommend
expending the costs of erecting a tower. However,terrain to the west is approximately
145-feet above a line-of-sight path to the top of the 125,000 gallon tank near PS 5, so to
rise above this would need a tower of 150-feet at least.
According to the FCC's TOWAIR on-line program, there would be no tower registration
requirements from this location up to 160-feet AGL. Taller structures were not
investigated.
Mobile coverage in the reverse mode (referred to as "Talk-back coverage) was based
upon the same antenna configuration and used a 35-watt mobile and a 3dB gam mobile
antenna 5-feet above ground. Talk-back coverage would likely improve with a taller
antenna height at Fire#75.
35-watt transmit power was used in the Talk-Back study as it is a somewhat standard
mobile RF level these days A 35-watt transmitter to a 3dB gain antenna has an ERP of
70-watts.
ACCU-COMM, Inc. recommends the City temporarily install an antenna and mobile
base on the Hose Tower such that an ERP of 110-watts is utilized and test the coverage
under this condition as opposed to portable units on suspect magnetically mounted
antennas This test would yield real-world RSSI levels complete with attendant foliage
losses etc. RSSI levels could be logged at both ends to render a more accurate indication
of the coverage possible.
Thank you for allowing ACCU-COMM to assist in this project If you desire assistance
with a field test, we would be happy to be a part of your team.
Michael J. Bingaman
President
'S
�rr�a Inc.
Exhibit A Scope of Work_
rye , — -
W/RELESS COMMUN/CAT/ONS SPECL4L/STS
17428 State Route 9, PMB#122,Snohomish,WA 98296 800-404-9334 360-668-6760 FAX 360-668-6761
Quote for: CITY OF KENT PW- Date 10/13/2009
Contact: BOB TOLLEFSON Quote# 10132009-1A
Address: By Mike Bingaman
PO#
Phone: 253 856-5612
KENT QUOTE MASTER
RF EQUIPMENT - 450 MHZ
EQUIPMENT AND HARDWARE Qty Per Item Total/Item
BA1312-1 RFS (Celwave) 3dB 149-156 MHz 1 $ 46200 $ 46200
ISB50LN-C2 Polyphaser Lightning Arrestor 1 $ 6825 $ 6825
LMR400 Low Loss coaxial cable 55 $ 092 $ 5060
RFN1006-31 N-Male Crimp-on Connectors 3 $ 1068 $ 3204
RFU-507-SI UHF-Male Crimp-on connectors 1 $ 1068 $ 1068
161005PHS 1 1/4" x 10'Galy mast-TV type 2 $ 2268 $ 4535
MISC Miscellaneous hardware, seals, etc 1 $ 5000 $ 5000
Other.z:=
Labor- Installation 1 $ 53988 $ 53988
Travel 2 $ 6500 $ 13000
Programming 0 $ 2500 $ -
Shipping ESTIMATE-As charged by manufacturer 0 $ 3000 $ -
Subtotal 1,38880
TAX $ 12360
Note: This total may or may not include some totals for options. Total 1,512.40
DOES NOT INCLUDE PERMIT COSTS OR FEES
This quote is valid for 30 days All applicable taxes are included If for resale, a resale certificate must be on file at our
office
Page 1
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSTRUCTION AND SERVICE CONTRACTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement,
Insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Contractor, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain Insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-
owned, hired and leased vehicles. Coverage shall be written
on Insurance Services Office (ISO) form CA 00 01 or a
substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide
contractual liability coverage.
2. Commercial General Liability insurance shall be written on
ISO occurrence form CG 00 01 and shall cover liability
arising from premises, operations, Independent contractors,
products-completed operations, personal injury and
advertising Injury, and liability assumed under an insured
contract. The Commercial General Liability insurance shall be
endorsed to provide the Aggregate Per Project Endorsement
ISO form CG 25 03 11 85. There shall be no endorsement or
modification of the Commercial General Liability
insurance for liability arising from explosion, collapse or
underground property damage. The City shall be named as
an insured under the Contractor's Commercial General
Liability insurance policy with respect to the work performed
for the City using ISO additional
insured endorsement CG 20 10 11 85 or a substitute
endorsement providing equivalent coverage.
3. Workers' Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined
single limit for bodily injury and property damage of
$1,000,000 per accident.
P OperationslPWOpsContractslWaterlAccuCommExhibitBlnsRegVHFAntennalnstallationStahon75-10-09
EXHIBIT B (Continued )
2. Commercial General Liability insurance shall be written with
limits no less than $1,000,000 each occurrence, $2,000,000
general aggregate and a $2,000,000 products-completed
operations aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Contractor's insurance coverage shall be primary insurance as respect
the City. Any Insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the Contractor's insurance and
shall not contribute with it.
2. The Contractor's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given
to the City.
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf
of the contractor and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance. The
City reserves the right to receive a certified copy of all required insurance
policies. The Contractor's Commercial General Liability insurance shall
also contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Contractor.
P Operations\PWOpsContracts\Water\AccuCommExhibitBlnsRegVHPMtennalnstallationStahon75-10-09
DATE 111,W0fYYYY)
_ARD CERTIFICATE 4F LIABILITY INSURANCE ACcvc 2 10/31/08
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Whitfield's United Insµrance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Commercial Lines Department HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
PO Box 1127/ 3425 Broadway ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Everett WA 98206 1
Phone: 425-258-2300 Fax:425-258-9363 INSURERS AFFORDING COVERAGE NAIL0
INSURED I INSURER American Economy
INSURERS American States Ins. Co. 19704
ACCu—Conun Ina INSURER C
9504 180th St SE INSURER FREE]
Snohomish WA 98296 INSURERS
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OFISA'm CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BI THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
LTR NSR TYPE OF INSURA^ICE I POLICY NUMBER DATE(MINDDfYY) DATE(MM/DD/YYI LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1000000
B X X COMMERCIAL GENERAL LIABI ITY 01CH32363820 10/31/08 10/31/09 PREMISES(EaESEoccurence) $200000
CLAIMS ME X❑0 CUR MED EXP(Any one person) $ 10000
PERSONAL&ADV INJURY $1000000 -
X I stopgap GENERAL AGGREGATE $2000000
GEN1 AGGREGATE LIMIT APPLIES ER PRODUCTS-COMP/OP AGO $2000000
X POLICY PRO-
-] F7 LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1000000
B X ANY AUTO 02CE11486430 10/31/08 10/31/09 (Ea accident)
ALL OWNED ALTOS BODILY INJURY $
(Per person)
SCHEDULED AUTOS
B X HIRED AUTOS 02CE11486430 10/31/08 10/31/09 BODILY INJURY
(Peraccidenp $
X NON-OWNED AUTOS
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
PNY AUTO O7HER TFUW FA ACC $
AUTO ONLY AGO $
EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $1000000
B X OCCUR CLAIMS h ADE OISU38715930 10/31/08 10/31/09 AGGREGATE $1000000
hDEDUCTIBLE $
X RETENTION $1000 $
WORKERS COMPENSATION AND TORY LIMITS ER
EMPLOYERS'LIABILITY E L EACH ACCIDENT IF
ANY PROPRIETOR/PARTNERIEXECUTIVE
OFFICERIMEMBER EXCLUDED? EL DISEASE-EA EMPLOYEE $
ItyeS describe under
S PE CIAL PROVISIONS below EL DISEASE-POLICY LIMIT $
OTHER
B P'roperty Section OICH32363820 10/31/08 10/31/09
B Equipment Floate OICH32363810 10/31/08 10/31/09
DESCRIPTION OF OPERATIONS I LOCATIONS I HICLESI EXCLUSIONS ADDED DY ENDORSEMENT I SPECIAL PROVISIONS
The Certificate Holder is included as an Primary & Non-Contributory
Additional Insured per CG7680 attached as their respective interest may
appear in the ongoing pperations of the Named Insured includes Waiver of
Subrogation per form C 2404 attached.
L_ ::1 1
CERTIFICATE HOLDER I� CANCELLATION
CITYKEN SHOULD ANYCFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF,THE ISSUING INSURER WILL ENDEAVORTO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
City of Kent IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
220 Fourth Ave S REPRESENTATIVES
Kent WA 98032 AUTHOR EP A7
ACORD 25(2001/08) OACORD CORPORATION 11988
••REPRINjEDFRW rrZ FCR%3 U9RARY
THtS ENDdR5E1dENT CHANGM THE POLIDY. PLEASE READ IT GAREFULI Y,
ADDITIONAL. INSURED PRIMARY " CG76 80 to oa
COVERAGE COMMIFRCIAL GENERAL LIABILITY
This endorsement inodl'es insurance provided under the fotlowrng;
COMMERCIAL G NERAL LIABILITY COVERAGEPART
SCHEaI)I.L'
Hama of Person ar o aniization:
City of Kent
(It no entry appears ab rm
ove, infoation required to complete A person's or organization 's status as an Insured under this
this endorsement m1i be shown in the Declarations as endorsement ends when your operatfons for that insured
applicable to Ulis an rsemant). are compfeted.
Wt10 IS AN 1N5U13Eo (5aalon IQ is amended to include as No coverage will be provided 1, in the absence et this
W insured the er shown an the endorsement, no liaWy would be Imposed by taw an you.
an P n or Organization Coverage shall be llmikad to the extent of your negliligencs
Schedule subject to tt,a foilowing provisions, or fault according in tfre appticabie principles of Camparative
1. This insurance applies only to the extent you are held fault
Liable tar; With respect to the insurance afforded the additional
a, Your Ongoing operations for that insured by or for Insured, paragraph 4. of COMMERCIAL GENERAL LIABILITY
you; ar CONDITIONS (Sedton IV) is deleted and replaoedtby. the
b. The genett supervision of your ongoing following
operation 1by the person or organization shaAn p, Other Insurance
in the Schedule,
I a. This Insurance Is primary and noncontributory,
2 This insurance does not apply to
a. 'Bodily inI' ry" or "property damage' aris(ng out and our abUgaifons are net affected additional
any other
of the so( negligence or willful misconduct of, insurance carried by such contingent,
insured
or for defects in design fumished by, the person whether primary, excess, contingalt, or on airy
i other basis.
or organization shown in the Schedule; or b, This additional provision applies only to the
b, "t3odily ln�ury` or 'propety, damage" included
within t It operations person or organize ion shown in the Schedule.
hazard.'
GO 76 60 to 0o I Pap tofI
TaoLz� Afl In VIM US" %'Y8 WK QOOVWT/5o
PUBLIC WORKS OPERATIONS
Donald C Millett
Operations Manager
2204th Avenue South
Kent, WA 98032-5838
KEN T Fax 253-856-6600
WA5MINGTON
PHONE: 253-856-5600
October 29, 2008
Mr. Mike Bingaman
Accu-Comm, Inc.
9504 1801h Street SE
Snohomish, WA 98296
Dear Mr. Bingaman:
We have received the signed originals of the contract for the installation of a VHF
antenna at Station 75 between Accu-Comm, Inc. and the City of Kent. Both originals
have been signed by our Public Works Operations manager, and we are ready to have
you proceed with the work.
Enclosed is one fully signed original for your records. As always, if you have any
questions, feel free to call me at 253-856-5600.
Sincerely,
1
Kevin Swinford
Water Facilities Field Supervisor
KS:rcb
Enclosure: Public Works Agreement between the City of Kent
and Accu-Comm, Inc. for the Installation of a VHF
Antenna at Station 75.
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MAYOR SUZ O
�rP 8psl�ontract over etterSignedAgreemen ccu- omm st tennaStazion75- - ity of Kent Public Works Department
Larry R Blanchard, Public Works Director