THURSTON COUNTY DEPT. OF COMMUNICATIONS (CAPCOM…simulcastsolutions.com/userfiles/file/appnotes/RFP09_0201Thurston... · RFP No. 09-0201 REQUEST FOR PROPOSALS (RFP) THURSTON COUNTY

RFP No. 09-0201

REQUEST FOR PROPOSALS (RFP)

THURSTON COUNTY DEPT. OF COMMUNICATIONS

(CAPCOM)

AGENCY Thurston County, Department of Communications (CAPCOM)

RFP NUMBER RFP 09-0201

RFP TITLE

PUBLIC SAFETY RADIO SYSTEMS SIMULCAST REPLACEMENT AND NARROWBAND INFRASTRUCTURE SYSTEMS UPGRADE

PURPOSE

The purpose of this document is to provide interested parties with information to enable them to prepare and submit a proposal for replacement of an existing 3 channel analog simulcast voice radio communications system and replacement of existing wideband conventional VHF radio infrastructure that serves Public Safety Communications in Thurston County.

DEADLINE FOR RFP SUBMISSIONS

2:00 P.M. Pacific Time Friday October 9th, 2009

LATE, FAXED OR UNSIGNED PROPOSAL WILL BE REJECTED

SUBMIT RFP TO THIS ADDRESS

THURSTON COUNTY DEPT. OF COMMUNICATIONS

ATTN: DAVID TAYLOR 2703 PACIFIC AVE SE OLYMPIA, WA 98501

PRE-PROPOSAL CONFERENCE

10:00 AM Pacific Time Thusday, July 23rd 2009 At 2703 Pacific Ave SE, Olympia, WA - EOC Conference Room

SPECIAL INSTRUCTIONS

Submit one original and ( 4 ) copies of your technical proposal

Submit one original and ( 4 ) copies of your cost proposal

Submit two complete electronic copies in Microsoft Word or PDF format burned to

a CD or DVD

Label submittal package with the RFP number and TITLE.

DIRECT ALL INQUIRES TO

NAME David Taylor TITLE Technical Services Manager

PHONE # 360-704-2736 FAX # 360-704-2723

EMAIL [email protected] WEB SITE www.co.thurston.wa.us

DATE RFP ISSUED: Wednesday, July 01 , 2009

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Thurston County Department of Communications (CAPCOM)

____________________________________________________________________________________ Public Safety Radio Systems Simulcast Replacement and Narrowband Infrastructure Systems Upgrade RFP 09-0201

TABLE OF CONTENTS 1.0 GENERAL INFORMATION...........................................................PAGE 7 1.1 Introduction and background 1.2 Calendar of Events 1.3 Supplier Questions 1.4 Addendum 1.5 Pre-Proposal Conference 1.6 Radio Site Location Physical Inspection 2.0 SCOPE OF SERVICES REQUIRED..............................................PAGE 15 2.1 Description of Services Required 3.0 PREPARING AND SUBMITTING A PROPOSAL......................PAGE 33 3.1 General Instructions 3.2 Public Records and Confidentiality 3.3 Incurring Costs 3.4 Submitting the Proposal 3.5 Proposal Organization and Format 3.6 Oral Presentations and Demonstrations 4.0 PROPOSAL SELECTION AND AWARD PROCESS..................PAGE 36 4.1 Proposal Selection 4.2 Preliminary Evaluation

4.3 Proposal Scoring 4.4 Right to Reject Proposals and Negotiate Contract Terms 4.5 Scoring Criteria 4.6 Award/Final Offer, Contractual Agreement 4.7 Notification of Intent to Award 5.0 GENERAL PROPOSAL REQUIREMENTS..................................PAGE 38 5.1 Organization Capabilities 5.2 Staff Qualifications 5.3 Consultant References 6.0 TECHNICAL REQUIREMENTS...................................................PAGE 38 6.1 Section 2.0 Scope of Services Required 6.2 Radio Frequency and Public Safety Radio Systems Experience 6.3 Presentation of Material 6.4 Time for Technical Review and Final Reports



7.0 COST PROPOSAL……………………………………………… PAGE 39 8.0 GENERAL CONDITIONS FOR CONTRACTS ……………….PAGE 40 General Provisions 8.1 ............... Definitions 40 8.2. .............. Order of Precedence 43 8.3. .............. Execution and Intent 43 Insurance and Bonds 8.4 ............... Required Coverage and Limits 44 8.5 ............... Verification of Coverage and Acceptability of Insurers 45 8.6 ............... Other Insurance Provisions 46 8.7 ............... Performance and Payment Bonds Time and Schedule 8.8 ............... Progress and Completion 47 8.9 ............... Notice to Proceed 8.10 ............. Construction Schedule 8.11 ............. County's Right to Suspend the Work for Convenience 48 8.12 ............. Delay 49 8.13 ............. Notice to County of Labor Disputes 50 8.14 ............. Damages for Failure to Achieve Timely Completion Specifications, Drawings and Other Documents 8.15 ............. Discrepancies and Contract Document Review 51 8.16 ............. Construction As-Built Drawings and Specifications 51 8.17 ............. Shop Drawings 8.18 ............. Organization of Specifications 53 8.19 ............. Ownership and Use of Specifications, .................... Drawings and Other Documents 53 Performance 8.20 ............. Contractor Control and Supervision 54 8.21 ............. Permits, Fees and Notices 8.22 ............. Patents and Royalties 55 8.23 ............. Prevailing Wages 8.24 ............. Hours of Labor 56 8.25 ............. Nondiscrimination 8.26 ............. Safety Precautions 57 8.27 ............. Operations, Material Handling and Storage Areas 58 8.28 ............. Prior Notice of Excavation 59 8.29 ............. Unforseen Physical Conditions 8.30 ............. Material and Equipment 8.31 ............. Protection of Existing Structures, Equipment, .................... Vegetation, Utilities etc. 60 8.32 ............. Layout of Work 8.33 ............. Tests and Inspections 8.34 ............. Availability and Use of Utility Services 61 8.35 ............. Correction of Non-Conforming Work 8.36 ............. Clean up 62



8.37 ............. Access to Work 62 8.38 ............. Other Contracts 8.39 ............. Subcontractors and Suppliers 8.40 ............. Warranty of Construction 64 8.41 ............. Hold Harmless and indemnification 65 Payments and Completions 8.42 ............. Contract Amount 66 8.43 ............. Schedule of Values 8.44 ............. Application for payment 8.45 ............. Progress Payments 67 8.46 ............. Payments Withheld 8.47 ............. Bond Claim Rights and Retainage 68 8.48 ............. Substantial Completion 8.49 ............. Prior Occupancy 69 8.50 ............. Final Completion, Acceptance and Payment Changes 8.51 ............. Change in the Work 8.52 ............. Change in the Contract Amount 70 8.53 ............. Change in the Contract Time 77 Claims and Dispute Resolution 8.54 ............. Claims Procedure 79 8.55 ............. Claims Audits 81 Termination of the Work 8.56 ............. Termination by County for Cause 83 8.57 ............. Termination by County for Convenience 85 Miscellaneous Provisions 8.58 ............. Meaning of Words 86 8.59 ............. Rights and Remedies 8.60 ............. Contractor Registration 8.61 ............. Time Computations 8.62 ............. Records Retention 8.63 ............. Third Party Agreements 87 8.64 ............. Antitrust Assignment 8.65 ............. County’s Access to Work 8.66 ............. Independent Contractor 8.67 ............. Compliance with Laws 8.68 ............. Entire Agreement 88 8.69 ............. Severability 8.70 ............. Governing Law, Jusisdiction, and Venue 8.71 ............. Contract Execution 8.72 ............. Counterparts 8.73 ............. Survivorship



9.0 REQUIRED FORMS......................................................................PAGE 90 ATTACHMENTS: A. Signature Affidavit B. Vendor Data Sheet C. Reference Data Sheet D. Cost Summaries Page 10.0 EXHIBITS.....................................................................................PAGE 95

Exhibit 1: SAMPLE THURSTON COUNTY CONTRACT FOR SERVICES Exhibit 2: MAP OF THURSTON COUNTY DENOTING PUBLIC SAFETY RADIO SYSTEMS AND RADIO SITE LOCATIONS. Exhibit 3: LISTING OF EQUIPMENT TO BE REPLACED FOR NARROW- BAND COMPLIANCE. RECEIVER VOTER NETWORKS. Exhibit 4. CURRENT SIMULCAST EQUIPMENT SITE LISTING. Exhibit 5: SAMPLE PERFORMANCE AND PAYMENT BOND Exhibit 6. MICROWAVE SYSTEMS OUTLINES 11.0 APPENDIXES……………………………..……………………PAGE 121

Appendix A: WASHINGTON STATE PREVAILING WAGE RATE …………………………..………PAGE 121



1.0 GENERAL INFORMATION 1.1 Introduction and Background 1.1.1 Purpose of the RFP

Thurston County is seeking proposals from qualified radio equipment manufacturers and/or solutions providers for the design, fabrication, and installation of a replacement countywide 3 channel simulcast voice radio system and the replacement of all legacy radio infrastructures that are not compatible with the FCC mandated operations for 'narrowband'1. It is the intent of the Department of Communications to secure a contract for design, procurement and installation of a turn-key simulcast replacement system and replacement of non-narrowband Public Safety radio communications equipment. Thurston County seeks proposals and will award contract for the work specified hereunder. Proposals are to be submitted with the understanding that an acceptance of the proposal, in writing by Thurston County, shall constitute an agreement to negotiate and execute a contract between the Vendor and Thurston County; however, Thurston County is not obligated to award a contract as a result of this RFP. The contract awarded as a result of this procurement will incorporate this RFP and the Vendor’s proposal. The requirements described in this RFP, along with the Vendor’s proposal and the final approved design documents, will form the basis for acceptance and related contract adherence. The final goal is to have a fully operational Simulcast radio system that can alert Fire and EMS personnel and provide the required radio coverage for safe and effective communications within the working jurisdictions and environments. It is also the goal to have FCC type accepted ‘narrow-band’ operational radio infrastructure and that there be no degradation of radio coverage as the result of this change of operations. 1.1.2 Scope of the Project A prominent consulting firm that specializes in Public Safety radio systems recently completed a Radio System Strategic plan and subsequent CAPCOM Radio Simulcast analysis report. Both reports recommended that the current Public Safety radio simulcast system be replaced. In

1 The term narrowband refers to the width of an individual radio channel with regards to its center frequency. In most new radio systems, voice channels have a design bandwidth of 12.5 kHz, which is considered to be narrowband. This is a change from prior analog radio systems which typically used 25 kHz of bandwidth per voice or data channel.

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addition, it was recommended that all current equipment that does not meet the Federal Communications Commission’s mandate of 'narrowband' operational parameters be replaced. CAPCOM requires the replacement of the current 3 channel simulcast system with a simulcast radio system that will accomplish the narrowband transition as well as solve key discrepancies and radio coverage issues identified by the reports. There are also 23 VHF/UHF radio base station/repeaters and 34 VHF radio coverage voting receivers that are identified as not being narrow-band compliant and require replacement (see exhibit 3). It is anticipated that there will be additional infrastructure and radio equipment necessary to meet coverage goals when the full transition to narrowband occurs. This will be determined by the CAPCOM strategic plan and by the selected vendors approved simulcast/narrowband system design. Key requirements include, among many others:

- Simulcast evaluation and design to produce an enhanced system to serve Fire and EMS radio users in Thurston County. - FCC and FAA licensing execution. - Installation of the new simulcast system with a full transition plan from the old. radio system. – Radio coverage testing and system verification. - Removal and inventory of legacy simulcast equipment. - Supply of approved VHF and UHF base stations and repeaters and narrowband VHF receivers. - Installation of radio equipment and testing and verification. - Reprogramming of field equipment to make use of the

'narrowband' Simulcast radio channels. Of which there are: o Approx. 250 Fire mobile radios o Approx. 550 Fire portables o Approx. 550 Fire tone/voice pagers o Encompassing 16 Fire/EMS agencies in Thurston

County - Support of two-tone type paging and alerting from the

Simulcast radio channels. - Ability to analyze and understand the current systems

operations and provide direction for the future. - Provide system training to operators and users. - Proven track record of management and results for wireless

systems.

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1.1.3 Thurston County Setting Thurston County, Washington, is located at the southern end of Puget Sound in the beautiful Pacific Northwest. Majestic Mount Rainier and the rugged Cascade Mountains are nearby to the east, while Washington's Pacific Ocean coast is just an hour's drive to the west. Thurston County is 60 miles south of Seattle, and is 100 miles north of Portland, Oregon. Thurston County is 727 square miles in area. Thurston County is home to more than 230,000 residents. Nearly 140,000 residents live in the more urban north county areas in and around the cities of Lacey, Olympia, and Tumwater. The rest live in and around the smaller Cities of Tenino, Rainier, Yelm, the Town of Bucoda and in the more rural areas of Thurston County. Thurston County is the eighth most populated county among Washington State's 39 counties and is among the fastest growing counties in the Pacific Northwest. More information concerning Thurston County can be found at: http://www.co.thurston.wa.us 1.1.4 Thurston County Department of Communications (CAPCOM) The Thurston County Department of Communications (a.k.a. CAPCOM) is a County Department; however it was formed through an Intergovernmental Agreement with the 26 Public Safety agencies under the signatures of the jurisdictions that they are formed under. CAPCOM is the Primary Public Safety Answering Point (PSAP) for Thurston County. All 9-1-1 calls and emergency calls for service placed within Thurston County are answered and handled at this location. CAPCOM also provides radio dispatch to all Public Safety Agencies within Thurston County which includes: Seven Law Enforcement agencies, seventeen Fire Departments/Districts and Thurston County Medic One (Emergency Medic Services, EMS). CAPCOM also provides radio dispatch services for other County agencies for 'after hours' support. CAPCOM maintains the radio communications systems and infrastructure that supports the Public Safety Radio System within the County. These systems include, but are not limited to:

Law Enforcement VHF voted, conventional, analog, repeater system (5 channels)

Fire/EMS VHF voted, simulcast, conventional, analog, simplex and repeated system (3 channels) . Also simplex repeater 'talk-around receiver systems incorporated.

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Fire/EMS VHF voted, simplex, conventional, analog, simplex system (3 channels)

Receiver voting networks for all primary channels and other auxiliary channels

6 GHz, 23 GHz, and unlicensed band microwave systems Simulcast Digital paging system Motorola Centracom 'Classic Buttons and LED's radio dispatch

console system 20 radio locations (including stand-alone receiver coverage sites) FCC and FAA licenses Mobile data terminal servers and CAD hosting. (Radio network

supported by commercial service vendors)

CAPCOM does not maintain the individual user agencies fleet mobile, portable or fixed station infrastructure. Additional information concerning the Thurston County Department of Communications can be obtained by visiting: http://www.co.thurston.wa.us/communications . 1.1.5 Simulcast Radio and Narrowband Communications Issue and History Simulcast CAPCOM currently has a 3 channel VHF radio simulcast system that is used for Fire and EMS two-tone alerting and voice traffic. The system was installed in 1999 by Tait Electronics. The system uses the Tait ‘Quasisync 1’ control system and Tait T800II radio base stations. Timing and CTCSS are provided by Spectracom GPS master site oscillators. The audio path from the controller to the stations is provided by Harris DVM 6XT microwave and various other unlicensed spread spectrum microwave links. Audio to T-1 conversion is by Telco Systems DCB-24 channel banks. The Tait Quasisync central controller is located at the 9-1-1 center or Emergency Services Center (ESC) as well as the radio console controller and other associated hardware. The original system deployed in 1999 was only simplex in nature. Since its deployment, two of the radio channels have been made into repeater channels. Input frequencies were applied for and granted by the FCC between 2001 and 2002. The repeater controllers utilize a hybrid combination of the Motorola Centracom Console systems repeat audio function and the Motorola Spectratac Receiver Voting Comparators ability to act as a repeater controller. Fire Simulcast channels 5 and 6 are receiver voted, repeated, simulcast radio channels. Fire Channel 1 is only

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simplex, but is used for County-wide 'two-tone' type paging and Fire alerting. Complicating the repeater function is the use of a second set of voted receivers that monitor the output of the Simulcast repeaters. In this way; Fire Service personnel can talk to Dispatch or other Fire Service personnel using the voted repeaters Simulcast channels 5 or 6, or they can talk directly on the output (sometimes referred to as 'talk-around') of the repeaters channel 5 or 6 and maintain simplex communications. This means that there are two sets of Spectratac voting receivers for both Fire Channel 5 and Fire Channel 6 Simulcast repeaters. The theory of operations is that Fire personnel on scene of an incident can switch to simplex or 'talk-around' and bypass the repeater in areas where coverage or close proximity to high power radios may affect communications adversely. At the same time CAPCOM or Fire Dispatch will be able to monitor or hear any communications on the Fire 5 or 6 channel by nature of monitoring the simplex voter system. For the purpose of channel management and ease of use, the simplex channels of Fire Channel 5 and 6 are titled Fire Channels 4 and 7 respectively. The radio channels are:

THURSTON COUNTY FIRE SIMULCAST SYSTEM CHANNELS

SITE DESCRIPTION TX FREQ TX/PL RX FREQ RX/PL FCC LICENSE

ESC FIRE CHANNEL 1 154.430 MHZ 88.5 154.430 MHZ 88.5

KQT456 MAIN, WNQZ894 BKUP, WQDD356 BLD HILL, WQPK923 ESC

CRAWFORD FIRE CHANNEL 1 154.430 MHZ 88.5 154.430 MHZ 88.5

KAMILCHE FIRE CHANNEL 1 154.430 MHZ 88.5 154.430 MHZ 88.5

BALD HILL FIRE CHANNEL 1 154.430 MHZ 88.5 154.430 MHZ 88.5

ROCHESTER FIRE CHANNEL 1 154.430 MHZ 88.5 154.430 MHZ 88.5

ESC FIRE CHANNEL 5 154.010 MHZ 88.5 150.775 MHZ 88.5

KQT456 MAIN, WNQZ894 BKUP, WQDD356 BLD HILL, WQPK923 ESC

KAMILCHE FIRE CHANNEL 5 154.010 MHZ 88.5 150.775 MHZ 88.5

BALD HILL FIRE CHANNEL 5 154.010 MHZ 88.5 150.775 MHZ 88.5


ST PETERS FIRE CHANNEL 6 154.175 MHZ 88.5 150.805 MHZ 88.5 KQT456 MAIN, WNQZ894 BKUP, WQDD356 BLD HILL, WQPK923 ESC


ROCHESTER FIRE CHANNEL 6 154.175 MHZ 88.5 150.805 MHZ 88.5

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Issues with the current system that warrant its replacement are: a. Non-narrowband compliant equipment b. Radio signal coverage issues. Especially in light of VHF timing and overlap. c. Age of product and limited continuing support. d. The prospect of better audio quality processing with modern equipment. e. Expansion limitations. Narrowband CAPCOM also supports all radio systems that provide Public Safety communications in Thurston County. These systems utilize VHF and UHF conventional base radios and repeaters. Some of the radio infrastructure still in use has been determined to not meet the operational and/or type acceptance necessary to operate within the guidelines established by the FCC for ‘narrowband’ operation. As such, it is required to be replaced. It is understood that other subsystems, such as the current receiver voting networks and other infrastructure need to be evaluated and potentially upgraded or replaced in order to provide a minimum level of coverage that is experienced today.

1.2 Calendar of Events

All Vendors shall adhere to the following schedule of events. Vendors mailing proposals should allow normal mail delivery time to ensure timely receipt of their proposals by the Technical Services Manager listed in this RFP. Late proposals will not be accepted, nor will time extensions be granted.

Set out below is the schedule of events for this procurement, unless explicitly modified by Thurston County in writing.

DATE EVENT

Wednesday July 01 , 2009

Date of issue of the RFP

Thursday July 23rd , 2009

Vendor pre-proposal conference 10:00 a.m. Pacific Time

Friday July 24th , 2009

Deadline for requests for a site walk through

Beginning Monday August 3rd 2009 and completed by; Friday, August 7th , 2009

Site walk through appointments

Wednesday, August 26th, 2009

Deadline for written questions 2:00 p.m. Pacific Time

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Wednesday, September 2nd , 2009

Supplements or revisions to the RFP posted on the CAPCOM web site at www.co.thurston.wa.us/communications .

Friday, October 9th , 2009

Proposals due from Vendors 2:00 p.m. Pacific Time. Bid Opening

Friday October 19th, 2009

Notification of top 3 selected Vendors

Monday October 26th, and Tuesday October 27th

Oral presentations of top 3 selected Vendors by invitation.

Monday November 02, 2009 To begin.

Evaluation of Vendors supplied references

Friday November 13th 2009

Notice of award

Monday, November 30th, 2009 Completion of contract negotiations

Tuesday, December 08th , 2009

Board of County Commissioners approval and Notice to Proceed

Tuesday, December 08th , 2009 Contract start date

1.3 RFP Inquiries

The Technical Services Manager will receive written requests or request by email for clarification concerning the meaning or interpretations of this RFP, until 2:00 PM P.S.T. on Wednesday August 26th 2009. Thurston County will not respond to questions submitted after this date. All questions and inquiries concerning this RFP must be addressed in writing to:

Contact David R. Taylor Title Technical Services Manager Phone (360) 704-2736 Fax (360) 704-2723 Email [email protected]

Other County personnel are authorized only to direct the attention of prospective Vendors to various portions of the RFP so that they may read and interpret such for themselves. Vendors are to rely on written statements issued by the Technical

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Services Manager and no other employee of the County is authorized to interpret any portion of this RFP or give information as to the requirements of the RFP in addition to what is contained in the written RFP document during the RFP process. All questions must include: 1. Vendor’s company name. 2. Name and title of Vendor’s authorized representative for this RFP, e-mail address, telephone, and fax number. 3. Reference to the specific section of the issue in question. 4. Clearly and concisely worded questions. All questions will be answered via e-mail as quickly as possible. In addition, all questions and responses will be provided to all Vendors who have notified Thurston County of its intent to respond to this RFP.

1.4 Addendum Thurston County reserves the right to revise the RFP and/or to issue amendments to the RFP. The County may record its response to inquiries and any supplemental instructions in the form of written addenda. The County may mail or post on the http://www.co.thurston.wa.us/communications/rfp/rfp.htm written addenda up to Wednesday September 2nd 2009. Vendors shall contact the County to ascertain whether any addenda have been issued. Failure to do so could result in an unresponsive proposal. Any oral explanation given before the RFP opening will not be binding. All Vendors are expected to carefully examine the proposal documents. Any ambiguities or inconsistencies should be brought to the attention of the County through written communication prior to the opening of the proposals. 1.5 Pre-Preposal Conference Due to the many questions that may arise concerning current applications and radio systems, a “Pre-Preposal conference will take place. Additional systems information may be provided at that time. Information provided will be available to Vendors upon request in the same format as disseminated at the conference. Vendors who will submit a Proposal as prime contractor are strongly encouraged to attend.. Thursday, July 23rd, 2009 Location: Thurston County Dept. of Communications, ESC building, 2703 Pacific Ave SE, Olympia, WA 98501, Emergency Operations Center Conference Room.

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1.6 Radio Site Location Physical Inspection Vendors may schedule with the Technical Services Manager as set out below if the Vendors wish to schedule visits to the radio sites that CAPCOM has access to and is able to coordinate for access. Visits to the radio sites will follow the conference in the dates listed in the ‘Calendar of Events Section 1.2. Due to the physical logistics of coordinating multiple Vendors to visit radio sites; only one vehicle per Vendor will be allowed for site visits. CAPCOM will escort and provide access for the scheduled site visits in an order to be determined. It is the responsibility of Vendors wishing to visit radio sites to provide their own transportation. Four wheel drive vehicles are recommended but not required. CAPCOM will not provide any transportation to radio sites or locations. Unescorted site access will not be permitted. Only dates indicated in the ‘Calendar of Events’ Section 1.2, are available for scheduled site visits.

Requests for scheduling site visits can be addressed in writing or by email to:

Contact David R. Taylor Title Technical Services Manager Phone (360) 704-2736 Fax (360) 704-2723 Email [email protected]

2.0 SCOPE OF SERVICES REQUIRED 2.1 Description of Services Required

The services to be provided by the Vendor include the following 13 subject areas, which are further refined under each item below. These 13 subject areas together comprise the primary scope of work around which the vendor should structure a proposal. It is anticipated that the scope of services required to provide a replacement VHF simulcast radio system and replace the compliment of legacy radio equipment that is non-narrowband compliant will be done in at least three phases. The first phase will require a project system design, scope of work and a detailed cost analysis for the replacement of the current Fire Radio Simulcast system. A project design, scope of work and a detailed cost analysis will also be required in regards to the current legacy VHF radio equipment to understand what impact of wholesale replacement and change of operations will cause to current levels of radio coverage and operations.

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The second phase will be the actual replacement and installation of the Simulcast system. The Third phase, which may run concurrent with the other phases, will be the replacement and installation of the legacy non-narrowband radio equipment. Since the radio systems are to be used to support County-wide Fire and EMS radio operations the time to create, install and test any system should be developed on a prompt and responsive time line. 2.1.1 RADIO SYSTEM DESIGN 2.1.1.1 Management of Project plan

The vendor will prepare and provide a project management plan that includes a detailed schedule of deliverables, identification of team members, organization structure, scope of services, and quality management approach.

2.1.1.2 Project Updates The vendor will provide weekly and monthly written updates to the Project Plan to be delivered to selected agency leads. This would include a list of accomplishments, and the status of each deliverable and its dependencies. 2.1.1.3 Final Report of Radio Simulcast and Narrowband system design. A final report of a system design must be delivered and approved by CAPCOM before a notice to proceed is issued to commence procurement, installation, execution of radio systems under the scope of the contract. The system design shall encompass the goals and objectives set forth in this document. The Final Report shall include as a minimum:

System Overview and Executive summary Vendor deliverables to include minimum coverage and

quality of service standards. Develop computer models using existing sites to determine

where coverage gaps or simulcast overlap distortion exists and locate areas where additional sites may be needed.

Detailed analysis and recommendations for all items listed in Section 2.0 will be addressed as described in each items subsection.

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Any recommendations in the final reports shall be functionally detailed in the scope of work required to implement design recommendations, as well as including detailed costs, and a reasonable feasibility plan.

Detailed transition or cutover plan. This will identify exactly how operations will continue while, and up until, the new simulcast and narrowband equipment is operational

Detailed system construction documents and system build blueprints and or site construction documents.

Analysis of what, if any resources that CAPCOM currently possesses that may be reutilized in the build and operations of a new Simulcast and/or narrowband radio communications system. These resources should be listed and reported in conjunction with the overall system designs.

Review of Fire and EMS service mobile and portable equipment that will require reprogramming for narrowband operations.

FCC and FAA licensing requirements.

CAPCOM will make reasonable access to technical staff and personnel on a timely basis as required. Listing of sites, coordinates, tower heights, and other site related information will be provided as needed to aid in the development of the systems design and cost analysis. 2.1.1.4 Presentation of Report, Findings and Recommendations The Vendor will provide paper copies for all final reports, a quantity of 1 original and 5 copies. The Vendor will also provide electronic media documents of all final reports, a quantity of 1 original electronic media documents on compact disk (CD) and 5 electronic media documents copies on CD. Original copies will be considered the property of CAPCOM to be copied at the discretion of CAPCOM, for CAPCOM use, within the confines of any non-discloser agreements that may apply. The vendor will host a minimum of two presentations and/or forums to present the reports and review findings. It is the responsibility of the Vendor to arrange, schedule and otherwise produce these presentations. CAPCOM, at its discretion, cancel such presentations if it determines that presentations of reports and review findings are unnecessary.

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2.1.1.5 Additional Items Additional items may be included in these reports as recommended by the Vendor and ultimately included in the contract for services agreement between the Vendor(s) and Thurston County. 2.1.1.6 Radio Coverage Analysis and Design Consideration

The voice system coverage is envisioned on the basis of two-way communications with a 5 watt portable radio being worn on the hip outside of a building. The portable shall process a useable DAQ 3.4 signal (i.e., an easily understandable communication both transmit and receive) from and to the system in 95% of the urban coverage area (which includes all cities) plus two miles beyond. In the rural areas (i.e. forested areas and all areas within Thurston County not covered as ‘urban’) the coverage basis shall be a DAQ 3.4 signal to and from a mobile radio on a highway or arterial that shall receive and transmit a useable signal from and to the system in 95% of the rural coverage area plus a DAQ 3.5 useable signal on 75% of any public road. The time variability shall be at least 95% of the time that the system is capable of the required signal reception and transmission. Refer to the Telecom Communications Industry (TIA) Telecommunications System Bulletin (TSB), number TSB-882 for expectations of quality of service provisions. Note: Minimum coverage shall not be less that coverage which the individual systems provide today. 2.1.1.7 Simulcast Radio ‘Narrowband Operations’. The Federal Communications Commission (FCC) has mandated that by 2013 that Public Safety agencies that use two-way radio communications in the radio frequency spectrum below 500 MHz change the current standard of operation in that the radios will change their FM modulation and channel spacing characteristics. The new Simulcast radio system will be required to support these mandated narrowband operations.

2 TIA TSB-88-B - Wireless Communications Systems – Performance In Noise And Interference -Limited Situations; Recommended Methods For Technology-Independent Modeling, Simulation, And Verification, Telecommunications Industry Association, September 2004.

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The new Fire Simulcast radio system must be designed in light of this mandated change and will be operational in narrowband from its inception due to the mandatory time set forth for operations. The Vendor will be required to design the system to this new narrowband operation which may change the dynamics of the design in light that the current system is wideband.

2.1.2 FIRE RADIO SIMULCAST SYSTEM The replacement Fire Radio Simulcast System shall be designed with the guiding principal of providing Fire and EMS personnel operating in Thurston County with a reliable voice grade radio system that provides good radio coverage, reliable service, good operational audio quality, and support of paging and/or alerting. The Fire Simulcast Radio system shall be ‘turn-key’ in nature and that ALL equipment that is necessary to make a complete simulcast network will be quoted. At a minimum, the following design and installation services:

- System design services - Simulcast control and system monitoring equipment - Interface to existing Console and Paging equipment - Receiver voting equipment (if necessary) - Audio transport mechanism to radio sites (excluding

microwave if said mechanism is found to suite system design) - Radio transmitters and receivers - Power supplies/transverters/ backup power - Simulcast reference oscillators and sync source - Antenna systems - RF filter systems - FCC licensing - Installation and testing

2.1.2.1 Current Radio Site and System Evaluation. It is the responsibility of the Vendor to understand how the current system operates and with what equipment. The Vendor shall also fully understand what the shortcomings of the current systems are in order to prevent any shortcomings of the current system being duplicated in the new systems. The Vendor shall reutilize existing radio sites and other communications infrastructure where

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applicable. During the development of th system design proposal, the Vendor shall review and take inventory of existing infrastructure that may be utilized. The Vendor shall conduct an assessment of the current radio sites and systems that may be utilized in the development of a new radio simulcast system. It is not the intent of CAPCOM to have a full radio site and infrastructure audit performed, nor is it the intent of CAPCOM to use information gathered to become a baseline for system improvements. Rather, the intent is to maximize the potential use of existing systems as may be relevant to a new simulcast radio system. It is recognized that none of the existing equipment may be acceptable for the new system or the radio site. Only sites and infrastructure that are deemed relevant should be considered for evaluation. The following items shall be evaluated as they pertain to the Radio Simulcast including but not limited to:

Site backhaul and audio/digital transport links, including current microwave communications, digital spread spectrum microwave links, Microwave audio processing equipment (i.e. T-1 channel banks)

Radio site grounding and grounding standards. It is expected that timing references that are used in the

synchronization of simulcast radio signals will be replaced. Antennas or antenna systems including RF feedlines. Primary and backup power systems. Voltage and current

requirements. Outlet locations. Physical space at sites. Antenna support structure and/or tower.

2.1.2.2 New Radio Site Locations. During the course of designing of the new Simulcast radio system it is recognized that it may be necessary to add new radio sites to the system. Any site recommended as being required to provide the stated goals of the system MUST HAVE A FULL SITE DEVELOPMENT PLAN INCLUDED. The development plan will require a full listing of developmental and physical responsibilities for the Vendor, owner or lessee, and the site owner or lessor, if different than the lessee. The plan should incorporate a process plan for acquisition and an estimated time line as well as expected plan requirements.

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CAPCOM has experienced difficulties in the past with consultants and engineers assuming no responsibility in site development processes. This has taken the form of recommendations for radio sites that would enhance current and future radio systems while failing to take into account whether there was any reasonable opportunity to place radio equipment at the selected location. Case in point: A recommendation for coverage enhancements to current radio systems was made to locate radio equipment at a municipal water tank. No mention as to who the owner was, whether there was any other radio equipment or the availability to co-locate or obtain a lease or accommodation for radio equipment. No physical inspected was done of the site. CAPCOM discovered the identity of the owner who would not return any contact concerning this site even after numerous attempts. The water tank itself was very low in height off of the ground and below the tree line so no microwave line of site was available. Other numerous factors made this site not very attractive to locate radio equipment. It was discovered that the engineer had only looked on a map to a high location in the area of concern and used computer aided coverage analysis to determine that this location was very well suited for a radio site. No further research was performed in regards for location of radio equipment to serve the Public Safety Community. This process lead to many hours expended by CAPCOM staff where in the end the entire plan had to be abandoned because the engineer had a failure to understand that radio system designs require more than a “high spot on the map”.

2.1.3 RADIO COVERAGE ANALYSIS The vendor should perform computer aided radio simulcast coverage analysis that represents the radio signal strength that will be available with the new system as designed and proposed by the Vendor. This information shall be included in the Final Design plan. 2.1.3.1 Radio Coverage Guidelines

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The Vendor will provide a recommendation for the minimum required amount of RF signal in an unobstructed free area that is acceptable to provide adequate communications to the expected coverage as set forth in section 2.1.1.6. This will set the 'bench mark' so that measurements can be made to verify compliance to this set standard. Further, the Vendor will establish a set of guidelines or procedures for measuring Radio Frequency signals so that a standard for acceptable quality of radio signal levels can be achieved and measured to a high degree of accuracy. Based on the Radio System coverage analysis, the Vendor will make recommendations specific to channel to improve radio coverage where radio coverage is found to be deficient. Since the FCC is requiring operation with narrowband emissions; radio coverage propagation design and coverage maps should ONLY consider narrowband operations for the new Fire Simulcast System. 2.1.3.2 Radio Coverage Propagation Maps The Vendor will produce radio coverage maps that show highly detailed maps of Thurston County and areas of specific interest with leveled color overlays to indicate radio signal strength within a given area. Maps, or plots, should indicate the RF level from the transmitters, portable and mobile radio talk-back coverage, and keys, indexes, or notes to assist the viewer in understanding the intent. Talk-back is understood to mean the ability for portable and mobile radio field units radios ability to reach Dispatch and/or the repeaters inputs. Maps should show Thurston County to a high level of detail. Color overlays should be applied to indicate locations where it is expected that portable and mobiles will have their RF signals received by associated CAPCOM infrastructure. If there are any design differences in any of the channels, then each channel shall have a separate coverage analysis done that represents the individual channels. There are 3 primary channels for review. 2.1.3.3 Radio Coverage Simulcast Delay Interference Potential Highly detailed maps of Thurston County that show Simulcast delay interference potential must be generated. ‘Simulcast Delay

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Spread Interference’ is the overlap of radio signals or signals difference in arrival time for any given sequenced launch or transmit time. These coverage maps should have color overlays that indicate locations where simulcast delay spread interference is outside an acceptable margin. Only those areas that are considered outside of acceptable are to be shown. It is not necessary to show timing or delay spread for 'acceptable' tolerances. The Vendor will determine and recommend a maximum acceptable overlap or delay spread timing that is allowed to provide the quality of service listed in 2.1.1.6. This will be the value shown on the maps. The vendor will outline a test and measurements procedure for verifying compliance with the design and coverage maps. A process for measuring the delay spread of simulcast signals in any given area with multiple overlapping radio signals of the same frequency. This process will be used measure and compare delay spread of what is guaranteed as a minimum acceptable level of service.

2.1.4 CUTOVER TRANSITION PLAN In order to minimize loss of service for critical radio systems a detailed ‘cutover’ or transition plan must be developed by the Vendor. This plan will clearly state responsibilities, critical steps, and timelines to follow in order to have the quickest, most reliable transition from the old Simulcast Fire Radio system to the new simulcast radio system. In any case where equipment is replaced with new narrowband equipment on a one for one basis, a cutover plan may also need to be developed if that radio or resource is listed to be ‘critical’ by CAPCOM staff (exhibit #3 ‘Equipment for Replacement’). I.e. the radio resource listed as ‘TAC 1’ is the Thurston County Sheriff’s department’s primary channel. This radio or resource would require a cutover plan.

2.1.5 FCC AND FAA LICENSING AND COMPLIANCE The Federal Communications Commission (FCC) has mandated that by 2013 that Public Safety agencies that use two-way radio communications in the radio frequency spectrum below 500 MHz change the current standard of operation in that the radios will change their FM modulation and channel spacing characteristics. The new Simulcast radio system will be required to support these mandated narrowband operations.

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The Vendor will be responsible for review of current licensing that CAPCOM maintains. The Vendor will be responsible for any new FCC licensing or FAA compliance and any changes, modifications, or other compliance issues to insure that the new Fire Simulcast System is operating within all FCC and FAA rules. This may require acquiring new FCC licenses for radio operation on behalf of CAPCOM. It may also require modification and change to existing CAPCOM FCC licenses. 2.1.6 COMPLIMENTARY RECEIVER SYSTEM FOR SIMULCAST RADIO SYSTEM It is required that a VHF highband receiver system be installed that will operate with the three designated Simulcast radio channels that will allow Fire Service personnel to communicate with other units, Dispatch, and access the repeater systems. While it understood that Simulcast Radio operations are in respect to the transmission of radio signals it is also necessary that the Simulcast radio system as a system also needs to support the reception of transmissions from portable and mobile radios in the field. The Simulcast system will support a receiver system capable of receiving radio transmissions from portable radios where there is expected Simulcast transmission coverage The installed receiver system will be determined in the Vendor's system design and should be considered in any response to this RFP. 2.1.7 MICROWAVE AND COMMUNICATIONS BACK-HAUL INFRASTRUCTURE CAPCOM will supply connectivity through its digital microwave where required by the Vendors systems design and where it is technically feasible to do so. Refer to microwave design documents for specification and network connectivity. New locations identified by the Vendor as necessary for the operation of the Simulcast system shall have a designed ‘back-hual’ or connectivity plan that identifies at a minimum:

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Method of connectivity. I.e. microwave, optical fiber, telephone line, etc.

Product and cost quote Feasibility of deployment and time to deploy

2.1.8 RADIO DISPATCH CONSOLE SYSTEMS 2.1.8.1 Primary Dispatch Radio Console System.

CAPCOM currently has the Motorola Centracom Gold 'Classic Buttons and LED's' style of radio Dispatch Console. The Vendor will be responsible for insuring that the new Simulcast System is able to be utilized with this type of radio control console system. The simulcast equipment must be able to be operated and controlled through the Centracom Dispatch console system. It is not acceptable for the addition of peripheral consoles, interfaces, or other devices to operate the new Simulcast radio channels. Full integration with the Motorola Centracom Console system is required. The Simulcast Channels will be present at a minimum of 8 of 13 Dispatch positions. The system shall not preclude the addition of the Simulcast channels to the other console or limit future growth. 2.1.8.2 CAPCOM Backup Center Radio Dispatch Consoles. The backup center is located approximately 4 miles from the primary center and has a parallel 3 position Motorola Centracom Dispatch system in place. This system is ‘Centracom II plus’, 'Buttons and LED's' console system. Consideration of the working operation of the new Simulcast radio system from this location shall be included in the Vendors response and design package.

2.1.9 SIMULCAST SYSTEM REDUNDANCY AND/OR BACKUP SYSTEMS. Theory or methodology of system redundancy or 'back-up' shall be proposed in response to this RFP.

2.1.10 SYSTEM DOCUMENTATION AND TRAINING

2.1.10.1 System Documentation.

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Thurston County's CAPCOM will be the responsible agency for the ownership, operations and maintenance of the Simulcast radio system. The Vendor shall provide complete system operations and repair manuals and shop drawings of installed and completed systems. Such manuals, drawing and system documentation shall become the property of the Thurston County Department of Communications upon final acceptance of the Simulcast system. 2.1.10.2 Systems Training. The Vendors response to this RFP should include factory or other training deemed necessary for up to three persons to repair and maintain operations of the Simulcast Radio System.

2.1.11 SIMULCAST SYSTEM WARRANTY AND SERVICE LEVEL AGREEMENT

As part of the Vendors response to the RFP, the standard warranty for parts, equipment, labor and operations shall be described in detail. Any supplied standard operational service shall also be described. At a minimum:

1 year equipment warranty repair/replacement 1 year warranty of parts and peripheral equipment 1 year warranty of labor

As an option, the Vendor may also show available extended warranty or other service/maintenance agreements that are available.

2.1.12 SYSTEM OPERATIONS TRAINING AND EXPECTATIONS At the discretion of CAPCOM staff and key stakeholders, the Vendor shall be required to provide operational training. This training shall provide user agencies the opportunity to learn best practices for using the radio system as well as the opportunity to understand the Simulcast systems capabilities and any limitations. The training shall relay the unique nature of Simulcast radio operations so that users can set realistic expectations for service.

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2.1.13 NARROWBAND EQUIPMENT REPLACEMENT See Exhibit 3 for a complete listing of equipment for replacement.

2.1.13.1 Minimum Specifications for Equipment. The radio transmitters, receivers, or transceivers that will replace the current wide-band VHF radio equipment shall be of “Public Safety Grade” and maintain the highest level of professional performance and reliability. All equipment must be FCC type accepted for the type of operation it is used for. Radio base stations and repeaters and receivers (where applicable): a) Must be capable of 100 Watts of transmit power without the

use of additional amplification equipment. RF output power must be able to be produced within the radio base or radio repeater itself. The power shall be adjustable from at least 25 Watts to the full power of 100 Watts (preferably from programming or system software).

b) Must be capable of operations in both “wide-band” and “narrow-band” modulation schemes. The change in operations from one modulation scheme to the next should be software programmable.

c) Stations and repeaters must support and have included or present the ability to use standard EIA tone remote control format. Tone remote control should be an integral function of the equipment and not a manufacturer or third party supplied additional device. I.e. Box that rests on the station somewhere or in a separate rack mount or housing that the user will use as an interface from remote controls to the station.

d) Stations and Repeaters must support some form of E&M, relay keying, or other momentary contact closure form of keying and transmit control. This is in addition to providing tone remote control and must be able to be selectable by configuration.

e) Must be able to be installed in standard EIA 19” equipment racks or cabinets that have a minimum width of 19”. Radio base stations and repeaters listed in the Vendor supplied response to the RFP shall list the equipment dimensions.

f) No mobile radio equipment that has been adapted for use as base station radio or radio repeater will be considered.

g) Equipment should have a supplied 120 VAC power supply as part of the station that supplies DC current and voltage to operate the station. Stations shall also have DC power inputs to supply 12 or 24 VDC (as the equipment requires) to power the station and to provide hardened power as the site where the

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equipment is to be installed is capable of supplying. This means that stations should be able to be operated from either 120VAC or some form of DC voltage under -54VDC.

h) Any base station radio receiver or radio repeater receiver must be able to, and come provided with, the ability to supply “tone on idle” or “tone on squelch” of 2175 Hz to work with current Motorola Spectratac comparator receiver voting systems. It is desired to have this as integrated with the equipment and not as an additional separate device either by manufacturer or third party. Further, this feature shall be able to be disabled by software or other switch and have normal receiver operations continue.

i) Both transmitters and receivers must support “reverse burst” or receiver squelch muting. This is done by changing the phase of CTCSS tone at the end of transmissions. Stations may be disqualified if receiver squelch muting is limited in its operations in the majority of County-wide fleet radios or is shown not to work in application.

j) Bases or repeaters shall always include a transmit/receive relay as a standard component regardless of its use/deployment. Equipment should have a high degree of flexibility for configuration in different applications.

k) Equipment shall should be a mature design where there are current deployments of equipment and user and industry acceptance.

l) All bases and repeaters must include a programming cable for each station. Programming and configuration software and software license shall be supplied for the system. Programming and configuration software will be used for system maintenance and configuration by CAPCOM maintenance and staff personnel.

m) All bases and repeaters must support CTCSS and DCS on a highly configurable and programmable basis. This signaling type must be integrated with the station and not a product of an additional or third party device.

n) Any required operational cables must be supplied with all equipment. Any special mounting equipment must be supplied with all equipment. Any normal station operations peripheral equipment must be supplied with all stations. Including, but not limited to the following:

120 VAC power cord DC power cord (and fuse if required) Any interface cable that may be Vendor specific EIA 19” rack mounts or adapters Station local hand microphone

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Station local speaker Station programming cable

o) A supply of 5 printed manuals for each type of station and 5

electronic copies (preferable in Adobe Acrobat document format) of the same manuals shall be supplied for each TYPE of equipment. It is not necessary to have a manual for each station or repeater provided.

p) All equipment designated for VHF operations must be capable of operations in the entire VHF Highband spectrum from 150 MHz to 170MHz. All equipment designated for UHF operations must be capable of operations in the entire UHF spectrum from 450 MHz to 470MHz.

q) Type ‘N’ connectors for radio frequency connections are preferred. r) All bases and repeaters must support simplex, semi-duplex, and

duplex operations. s) Radio equipment should have internal diagnostics as well as relay

closure alarms. t) Base Stations shall support multiple frequency tone remote control,

but it is expected that each equipment piece will be utilized in a single frequency or repeater pair application.

u) Base stations and repeaters should have an external reference port and the ability to use an external high stability oscillator to improve synthesizer performance. External reference should be type BNC or N connector, standard 10 or 5 MHz reference. Equipment should be capable of either type so that with the loss or lack of external reference the station will have and revert to internal standards.

v) Listed below are the minimum specifications for equipment(in addition to those also listed in this section):

Transmitter-

Channel Spacing: 12.5 kHz / 25 kHz / 30 kHz Frequency Stability 1.5 PPM Intermodulation Attenuation: 40 dB Maximum Deviation 25 kHz: ±5 kHz 12.5 kHz: ±2.5 kHz Audio Sensitivity: -20 dBm to 0 dBm variable Spurious and Harmonic Emissions Attenuation: -85 dBc FM Hum and Noise: 30 (VHF) / 25 kHz 50 dB nominal 12.5

kHz 40 dB nominal Audio Distortion: Less than 3% at 1000 Hz: 60% RSD Emission Designators: 25 kHz: 16K0F3E, 13K6F1D 12.5

kHz: 11K0F3E, 8K6F1D Receiver-

Selectivity: 25/30 kHz 80 dB, 12.5 kHz 75 dB Sensitivity 12 dB SINAD: 0.35 μV Signal Displacement Bandwidth: (Off Channel

Acceptance)(12.5/25 kHz) 2 kHz

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Frequency Stability: 1.5 PPM Intermodulation Rejection: 85 dB / 85 dB Spurious and Image Response Rejection: 85 dB Audio Distortion: Less than 3% at 1000 Hz: Line Output: -20 dBm to 7 dBm @ 100% RSD @ 1 kHz FM Hum and Noise: (750 μs de-emphasis) 1000 Hz tone

@ 60% RSD. 25/30 kHz 50 dB nominal, 12.5 kHz 45 dB nominal

RF Input Impedance 50 Ohms

2.1.13.2 Narrowband Equipment Replacement installation. The vendor will be required to receive, install, and test all equipment that is designated and contracted for ‘narrow-band’ replacement.

2.1.13.2.1 Equipment Storage and Distribution. CAPCOM will not provide storage or warehouse facilities for the storage, staging, and distribution of the radio equipment for the replacement of the current wide-band radio equipment. It will be the Vendors responsibility to provide storage, and distribution points for the installation of equipment. All equipment that is ordered under contract for this project will be handled by the Vendor as part of the project. The Vendor will receive, account for, store, ensure security, provide staging, and be accessible for installation any equipment to be installed. Copies of all received packing slips, shipping labels, received invoices, notice of product received with shipment and any other relevant document shall be provided to CAPCOM staff. Designated CAPCOM staff will be granted access to such a warehouse or storage facility to inspect equipment given 24 hours prior notice to Vendor. 2.1.13.2.2 Installation of Equipment CAPCOM staff will provide local coordination of installation or replacement of wide-band equipment. This will be done in accordance with the accepted Vendors transition or cut-over plan. Vendor shall minimize impact to current users. Depending on security requirements of the radio site, CAPCOM staff may be required to be present

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during the entire installation process, and the vendor understands that no unaccompanied access to any site without CAPCOM staff is a possibility. Any change in physical mounting will be the responsibility of the Vendor to provide. In all cases the physical installation will conform to the current “best-industry practices” or Motorola’s Standards for Communications Sites, also known as R56 standards. This will become necessary as some of the older ‘wide-band’ radio equipment is mounted in its own cabinet, such as the Motorola MSR2000 stations and repeaters. It is likely that that replacement equipment will require a rack or ancillary cabinet. All installations will follow these guidelines:

All grounding to a common site earth ground as recommended or required by the manufacturer will be required.

Connections for audio process will be to Siemens ‘Type 66’ blocks as designated. Category 5 or better network or telecom cabling between the station and the backhaul demark. No sharing of audio cable pairs among individual resources.

Power cables for AC or DC station or receiver power will be provided by the manufacturer if available and applicable to the installation. Common off the shelf power cabling or wire will only be accepted on a case by case basis or where no standard power cabling is available from the manufacture of the selected equipment.

NO materials that have been shipped will be discarded without CAPCOM staff approval. This includes packing boxes, crates, or other materials. This is to prevent relevant accessories packed with equipment from being discarded by installation personnel.

All equipment removed will be staged in a safe, dry, secure area for CAPCOM staff to provide disposal.

All installations will follow approved Vendor designed installation drawings or plans. Any change must be approved in writing by CAPCOM staff.

All equipment installations shall brace or secure any newly added racks or cabinets for seismic/earthquake considerations per zone.

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Progamming will follow the intended use of the current station. This may require changes after initial programming and setup if the function of the programming causes the station, repeater, or receiver not to function in the same manner as the equipment that it is replacing. The Vendor shall provide any programming or changes or modifications to bring the equipment up to operational conformity until CAPCOM has accepted equipment as “installed/commissioned”.

All legacy wide-band equipment and associated wiring will be required to be removed by the Vendor before the new equipment is installed. This will most likely take place on a ‘one-for-one’ basis as removal of all equipment at the same time will cause an unacceptable collapse of the Public Safety Communications network.

All cabling from the station to the antennas, or filters if over 3 feet in length will use industry standard 1/2", 3/8” or ¼” solid copper, super flexible coaxial type cabling. NO braided coaxial cabling, and NO aluminum shielded cabling shall be allowed.

All RF cabling shorter than 3 ft. or used for intercabling of station components shall be type RG-142 or equivalent.

All interconnecting cables from stations to antennas and/or filters that are not directly to be reused must be supplied by the Vendor and considered a part of the installation process.

Levels set should match current equipment setting for audio and RF input and outputs.

2.1.13.2.3 Testing and Commissioning of Equipment. It is the Vendors responsibility to test the equipment that they install to insure it is installed and operating correctly. Results will be written down and submitted to CAPCOM staff for verification. Each base station, repeater, receiver, or other unique individual radio system piece of equipment shall be tested individually and the results recorded. It may be necessary to also perform additional radio system tests to verify that the equipment operates as it was designed within existing or newly installed networks.

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Vendors shall outline what equipment tests will be performed as an act of commissioning equipment.

2.1.13.3 Receiver Voting Networks If the current type of Receiver Voting Equipment is determined to be incompatible or of such a factor as deemed to be unacceptable for operation with the Vendors selected wide-band to narrow-band replacement product, then the Vendor should include a product in response to this RFP that would be the replacement to the existing Motorola Spectratac Receiver Voting System.

3.0 PREPARING AND SUBMITTING A PROPOSAL 3.1 General Instructions

The evaluation and selection of a Vendor and the contract itself will be based on the information submitted in the Vendor’s proposal plus references and any required on-site visits or oral presentations. Failure to respond to each of the requirements in the RFP may be the basis for rejecting a proposal. 3.2 Public Records and Proprietary Information Materials submitted in response to this RFP shall become the property of Thurston County. All proposals received shall be considered a public record as defined in the Public Records Act, chapter 42.56 RCW (the “Act.”). In the event a Vendor desires to claim portions of their proposal as exempt from public disclosure, the Vendor shall clearly identify those portions as “CONFIDENTIAL.” Vendors may not mark the entire proposal as proprietary. If a request is made for disclosure of such portion, Thurston County will determine whether the material should be made available under the Act. If Thurston County determines that the material is subject to disclosure, Thurston County will notify the Vendor of the request and give the Vendor ten (10) business days to take whatever action it deems necessary to protect its interests. If the Vendor fails or neglects to take such action within said period, Thurston County will release the portions of record(s) deemed by Thurston County to be subject to disclosure. Thurston County shall not be liable to the Vendor for inadvertently relessing records pursuant to a disclosure request not clearly identified by the Vendor as “CONFIDENTIAL.”

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3.3 Incurring Costs Thurston County is not liable for any cost incurred by proposers in replying to this RFP. The respondent to this RFP must bear all costs associated with the preparation and oral presentation of their proposal and any requested demonstrations. 3.4 Submitting the Proposal Proposers must submit one original (1) and four (4) copies of all materials required. The Proposer must also include two (2) copies of the Proposal documents in electronic media format. Media format can be Microsoft Office format, Adobe Acrobat format, or in other common standards formats such as 'text' format. Materials must be sealed in one package and clearly labeled with the following on the outside of the package:

Proposer Name and Address Request for Proposal title:

"PUBLIC SAFETY RADIO SYSTEMS SIMULCAST REPLACEMENT AND NARROWBAND INFRASTRUCTURE SYSTEMS UPGRADE"

Request for Proposal number: RFP 09-0201 Proposal due date: 2:00 PM on Friday October 9th, 2009

Sealed proposals must be received on or before 2:00 PM PDT on Friday, October 9th , 2009 to be accepted. SEND TO: THURSTON COUNTY DEPARTMENT OF COMMUNICATIONS 2703 PACIFIC AVE SE. STE A OLYMPIA, WA 98501 Proposals must be received in the above office by the specified time stated above. All proposals must be time-stamped in by the Thurston County Department of Communications by the stated time. Proposals not so stamped will not be accepted. Postmarks are not acceptable in calculating arrival within the deadline. Responders may withdraw their proposals by notifying the County in writing at the above address at any time prior to the deadline for proposal submittal. After the deadline, the proposal will constitute an irrevocable offer, for a period of 90 days. Once opened, proposals become a record of the County and will not be returned to the responders. The County cautions responders to assure actual delivery of mailed or hand-delivered proposals directly to the stated address prior to the deadline set for

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receiving proposals. Telephone confirmation of timely receipt of the proposal may be made by calling (360) 704-2736, before proposal closing time. Any proposal received after the established deadline will not be considered and will be returned unopened to the responder(s). 3.5 Proposal Organization and Format Proposals should be typed and submitted on 8.5 by 11 inch paper bound securely. Proposals should be organized and presented in the order and by the number assigned in the RFP. Proposals must be organized with the following headings and subheadings. Each heading and subheading shall be separated by tabs or otherwise clearly marked. The RFP sections which should be submitted or responded to are:

Introduction Response to Scope of Services Required (See Section 2 of this

RFP) Organizational qualifications Staff qualifications and Facilities References Cost proposal (See Section 7 of this RFP) Required forms (See Section 9 of this RFP)

3.6 Oral Presentations and Demonstrations Selected Vendors may be required to make oral presentations and demonstrations in Thurston County to supplement their proposals, if requested by the County. The County will make every reasonable attempt to schedule each presentation at a time that is agreeable to the proposer. The location will be selected by CAPCOM. Failure of a proposer to conduct a presentation to the County on the date scheduled may result in rejection of the Vendor’s proposal. Such presentations provide an opportunity for the Vendors to clarify their proposal and ensure a thorough mutual understanding. The Vendors will describe their qualifications and experience, how they plan to fulfill the assigned tasks, and how they will approach methodological and other issues presented by the project. In doing so, the Vendor shall be able to provide illustrations of the results of any similar or relevant projects in the past. Presentations and demonstrations will be made before a committee comprised of representatives from Thurston County agencies and CAPCOM. The consultant should be prepared to answer questions concerning the technical aspects of the

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project as well as those relating to the time in which it will take to complete the review and develop a final product.

4.0 PROPOSAL SELECTION AND AWARD PROCESS 4.1 Proposal Selection

The County anticipates entering into a contract with the Vendor who submits the proposal judged by the County to be most advantageous to the County’s interest. The Vendor understands that this RFP does not constitute an offer or a contract with the Vendor. An offer or contract shall not be deemed to exist and is not binding until proposals are reviewed, accepted by appointed staff, the best proposal has been identified, approved by the appropriate level of authority within the County and executed by all parties. All terms and conditions of this RFP, any addenda, Vendor’s submissions and negotiated terms, are incorporated into the contract by reference as set forth herein. 4.2 Preliminary Evaluation The proposals will first be reviewed to determine if requirements in Section 3.0 and 5.0 are met at proposal opening. These requirements are considered mandatory, and failure to meet these requirements will result in the proposal being rejected. In the event that all Vendors do not meet one or more of these mandatory requirements, the County reserves the right to continue the evaluation of the proposals and to select the proposal that most closely meets the requirements specified in this RFP. 4.3 Proposal Scoring Accepted proposals will be reviewed by an evaluation committee and scored against the stated criteria. Top-scoring proposals will then become candidates for presentations and demonstrations in Thurston County before the evaluation committee. The committee and agency staff may review references and incorporate the reference review into scoring the proposals. It should be expected that references will be contacted. The committee will then select the best proposal. 4.4 Right to Reject Proposals and Negotiate Contract Terms Thurston County reserves the right to reject any or all proposals, to abandon the project and/or to solicit and re-advertise for other proposals. The County reserves the right to cancel the RFP or portions thereof without penalty. The County

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reserves the right to waive any irregularities and technicalities and may, at its sole discretion, request a clarification or other information to evaluate any or all proposals. 4.5 Scoring Criteria The proposals will be scored using the following criteria: Description Percent 1. General Requirements 15% 2. Technical Requirements 40% a. Response to Section 2.0 (Scope of Services Required) b. Radio and Simulcast Systems Experience c. Presentation of Material d. Time for Technical Review 3. Examination of References 20% 4. Cost/Best Value to the County 25% Total 100

4.6 Selection of the Most Qualified Vendor / Cost Negotiations Selection of the most qualified Vendor for this project will be based on the criteria established in this RFP, and whose proposal is the most advantageous to Thurston County. Upon the selection of the most qualified Vendor and an agreement for price is reached, then a contract will be awarded. Thurston County will initiate contract negotiations using the sample contract set out in Section 8.0 of this RFP as the basis. If Thurston County is not able to negotiate an acceptable contract with the selected Vendor, Thurston County will end said negotiations and initiate negotiations with the Vendor ranked second as a result of the proposal evaluation process. If negotiations with the second Vendor fail, Thurston County reserves the right to either initiate contract negotiations with the Vendor ranked third or to cease all negotiations and reject all proposals

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4.7 Notification of Intent to Award As a courtesy, the County may send a notification of award memo to responding Vendors at the time of the award.

5.0 GENERAL PROPOSAL REQUIREMENTS

5.1 Organization Capabilities The Vendor is to describe the firm’s experience and capabilities in providing similar services to those required. Be specific and identify projects, dates, and results. 5.2 Staff Qualifications The Vendor will provide resumes describing the educational and work experiences for each of the key staff who would be assigned to the project. These resumes should relate well to the description of the firm’s project experience in the subsection 5.1 above. The approximate percentage of an individual staff person’s regular time that will be devoted to this project should also be described. The Vendor should feel free to supplement their proposals if necessary by subcontracting with other firms that may provide a specific skill or area of expertise not possessed by the primary Vendor. 5.3 Vendor References Vendors must include in their proposals a minimum of three organizations, including points of contact (name, address, and telephone number), that can be used as references for work performed in the area of the service required; and scope of work completed for those organizations. Selected organizations may be contacted to determine the quality of work performed and personnel assigned to the project. By submitting this list, Vendor grants permission to Thurston County to independently contact the references. The results of the references will be provided to the evaluation team and used in scoring the written proposals.

6.0 TECHNICAL REQUIREMENTS

6.1 Section 2.0 Scope of Services Required Each of the services requested and issues outlined in Section 2.0 of this RFP, Scope of Services Required, shall be considered part of the technical requirements of this project. The Vendor shall respond in detail as to how each of these services will be provided or issues addressed.

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6.2 Simulcast Radio Systems Experience The Vendor shall clearly present its radio frequency engineering capabilities and similar experience in providing the services requested. Similar services provided to other public entities or governmental agencies should be highlighted. 6.3 Presentation of Material The Vendor’s proposal and presentation of material will be judged and considered an example of the quality and abilities of the Vendor. Materials submitted should be simple and organized, yet clearly articulated and professionally presented. 6.4 Time for Technical Review and Final Reports The Vendor shall propose a methodology and system of technical reviewing and reporting based on this RFP. Shorter turnaround times for the technical reports will be looked upon favorably.

7.0 COST PROPOSAL 7.1 General Instructions on Submitting Cost Proposals The cost proposal should be submitted in a separate envelope with the written proposal. The proposals shall clearly identify relevant staff, their hourly rates, and time estimates for the completion of the requested services. The proposal will be scored using a standard quantitative calculation where the most points will be awarded to the proposal with the lowest cost and/or offering the greatest value to Thurston County. Various costing methodologies and models are available to analyze the cost information submitted to determine the best value for the County. The County will select one method and use it consistently throughout its analysis. 7.2 Format for Submitting Cost Proposals Cost proposals shall be submitted as a special attachment to the Vendor’s proposal using Attachment E to this RFP as a format. Cost proposals shall address any and all costs to be incurred during the project. Costs shall be quoted with respect to individual sections listed in section 2.0 of this RFP (Scope of Services Required). 7.3 Fixed Price Period All prices, costs, and conditions outlined in the proposal shall remain fixed and valid for acceptance for 90 days starting on the due date for proposals.

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Public Safety Radio Systems Simulcast Replacement and Narrowband Infrastucture Systems Upgrade RFP 09-0201

GENERAL CONDITIONS SEC 3 - 1

SECTION 8 GENERAL CONDITIONS FOR CONTRACTS GENERAL PROVISIONS 8.1 DEFINITIONS "Application for Payment" means a written request for payment, which the Contractor submits to the County or County's Representative for payment of Work completed in accordance with the Contract Documents and approved Schedule of Values, supported by such substantiating data as County or County's Representative may require. "Change Order" means a written instrument which has been standardized by the Thurston County Department of Communications to use when there is a quantitative change to existing terms of the contract, typically addressing changes in work and any resulting changes in cost or time of completion. "Contract Amendment" means a the modification, amendment, alteration, addition, deletion, or waiver of any term or condition of this Contract, as set forth in writing by the County’s Contract Representative and Contractor’s representative and signed by authorizing staff. "Contract Amount" for contract purposes is the sum of the Base bid and accepted alternates; and excluding Washington State Tax (WSST). "Contract Amount" for Performance and Payment Bond purposes includes Base Bid, accepted alternates, Change Orders and Washington State Sales Tax. "Contract Documents" means all of the documents described in the Thurston County Contract and its appendixes and exhibits. "Contract Representative" means the person(s) specifically authorized under the contract to bring about, modify, affect, accept performance of, or terminate the contractual obligations of the contracting parties. "Contract Time" is the number of calendar days allotted in the Contract Documents for achieving Final Completion of the Work. "Contractor" means the person or entity who was selected by the County in response to its Proposal for 09-0201-RFP for Public Safety Radio Systems Simulcast Replacement and Narrowband Infrastructure Systems Upgrade, dated July 01, 2009, its employees and agents, any Subcontractor, firm, provider, organization, individual, or other entity performing any or all of Contractor’s responsibilities under this Contract and who has agreed with County to perform the Work in accordance with the Contract Documents.

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Public Safety Radio Systems Simulcast Replacement and Narrowband Infrastructure Systems Upgrade RFP 09-0201

GENERAL CONDITIONS FOR CONTRACTS

"County" means the County of Thurston, of the State of Washington or its authorized representative with the authority to enter into, administer and/or terminate the Work in accordance with the Contract Documents and make related determinations and findings. "County's Representative" means a person or entity lawfully representing the County within the limits of its delegated authority. "Drawings" are the graphic and pictorial portions of the Contract Documents showing the design, location, and dimensions of the Work, and may include plans, elevations, sections, details, schedules and diagrams. "Final Acceptance" means the acceptance of the project as complete by the County’s Representative according to the contract documents. "Final Completion" means that the Work is fully and finally completed in accordance with the Contract Documents. "Notice" means a written notice which has been delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended or, if delivered or sent by registered or certified mail, to the last business address known to the party giving notice. "Notice to Proceed" means a written notice from County to Contractor that defines the date on which the Contract Time begins to run. "Owner's Representative" means the Thurston County Agency, institution or authorized representative with the authority to lawfully represent the County within the limits of its delegated authority. "Person" means an individual, corporation, partnership, business association of any kind, trust or company. "Prior Occupancy" means County's use of all or parts of the Project before Substantial Completion. "Progress Schedule" means a schedule of the Work, in a form satisfactory to County, as further set forth in Section 2. "Project" means the total construction of the Work performed in accordance with the Contract Documents may be the whole or a part and which may include construction by County or by separate contractors. “Request for Proposal (RFP)” means the Request for Proposal 09-0201, Public Safety Radio Systems Simulcast Replacement and Narrowband Infrastructure Systems Upgrade, dated July 01, 2009, used as a solicitation document to establish this Contract, including all exhibits, attachments, and amendments thereto.

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“Response” means Contractor’s Proposal for 09-0201-RFP for Public Safety Radio Systems Simulcast Replacement and Narrowband Infrastructure Systems Upgrade, dated July 01, 2009, submitted by Contractor in response to the RFP. "Schedule of Values" means a written breakdown allocating the total Contract Amount to each principle category of Work, in such detail as requested by County. "Specifications" are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the Work, and performance of related services and which are part of the Project Manual. "Subcontract" means a separate contract between the Contractor and subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind for or in connection with the Work. "Subcontractor" means any person, partnership, corporation, association or organization not in the employment of the County or the Contractor, who agrees to furnish or furnishes pursuant to a Subcontract any supplies, materials, equipment, or services of any kind in connection with the Work. The term “Subcontractor(s)” means Subcontractor(s) in any tier. "Substantial Completion" means that stage in the progress of the Work where County has full and unrestricted use and benefit of the facilities for the purposes intended. "Work" means the construction and services required by the Contract Documents, and includes, but is not limited to, labor, materials, supplies, equipment, services, permits, and the manufacture and fabrication of components, performed, furnished, or provided in accordance with the Contract Documents.

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8.2 ORDER OF PRECEDENCE Any conflict or inconsistency in the Contract Documents shall be resolved by giving the documents precedence in the following order: A. This Contract, including Change Orders, Amendments and any Special Forms. B. Addenda C. Supplemental Conditions D. General Conditions Contractor’s Response to RFP E. Request for Proposal Document, RFP 09-0201 8.3 EXECUTION AND INTENT Contractor makes the following representations to County: A. The Contract Amount is reasonable compensation for the Work and the Contract Time is adequate for the performance of the Work, as represented by the Contract Documents; B. Contractor has carefully reviewed the Contract Documents, visited and examined the Project site (if necessary), and become familiar with the local conditions in which the Work is to be performed, and satisfied itself as to the nature, location, character, quality and quantity of the Work, the labor, materials, equipment, goods, supplies, work, services and other items to be furnished and all other requirements of the Contract Documents, as well as, the surface and subsurface conditions and other matters that may be encountered at the Project site or affect performance of the Work or the cost or difficulty thereof; C. Contractor is financially solvent, able to pay its debts as they mature, and possesses sufficient working capital to complete the Work and perform Contractor's obligations required by the Contract Documents; and, D. Contractor is able to furnish the tools, materials, supplies, equipment and labor required to complete the Work and perform the obligations required by the Contract Documents and has sufficient experience and competence to do so.

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INSURANCE AND BONDS 8.4 REQUIRED COVERAGE AND LIMITS Contractor shall be required to carry the following insurance coverage effective on or before the date work commences under this contract. The insurance coverage herein required shall be maintained for at least one year after the final completion date as defined in this contract. 8.4.1 Commercial General Liability: The Contractor shall maintain Commercial General

Liability coverage for bodily injury, personal injury and property damage under an occurrence form. Policy limits shall be no less than:

1. If the contract amount is $25,000 or less

Occurrence Limit: $500,000 Aggregate Limit: $1,000,000

2. If the contract amount is over $25,000, up to $1,000,000

Occurrence Limit: $1,000,000 Aggregate Limit: $2,000,000

3. If the contract amount is over $1,000,000, up to $5,000,000


4. If the contract is $5,000,000 or more


Coverage shall not exclude any activity to be performed in the fulfillment of this contract. Coverage shall include the following exposures: 1. Contractual liability; 2. Completed operations/products liability; The Contractor's Commercial General Liability shall include "Thurston County, its officials, officers, employees " as an additional insured with respect to performances of work under this contract. The Contractor's Commercial General Liability insurance shall contain no special limitations on the scope of protection afforded to the additional insured. Any failure of the Contractor to comply with reporting provisions of the policies required in this contract shall not affect coverage provided to the County, its officials, officers and employees as additional insured.

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8.4.2 Builder's Risk: Thurston County maintains property insurance that provides automatic coverage for new construction, additions or alterations. The Contractor need not include or purchase such coverage. Property coverage is also provided for materials, equipment and supplies that will be incorporated into new construction, additions, buildings or structures. Thurston County shall not provide coverage for Contractor's tools and equipment. Contractor agrees that Thurston County assumes no liability in the event of any loss or damages of any kind whatsoever to Contractor's tools or equipment used during the course of construction. 8.4.3 Business Automobile Liability: The Contractor shall maintain Business Automobile Liability insurance with a limit of not less than $1,000,000 each accident. Such coverage shall include coverage for owned, hired and non-owned automobiles. 8.4.4 Workers' Compensation: The Contractor shall comply with the provisions of Title 51 RCW Industrial Insurance. Prior to performing work under this Contract, the Contractor shall provide or purchase industrial insurance coverage for the Contractor's employees, as may be required of an "employer" as defined in Title 51 RCW, and shall maintain full compliance with Title 51 RCW during the course of this Contract. If the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, the County may collect from the Contractor the full amount payable to the Industrial Insurance accident fund. The County may deduct the amount owed by the Contractor to the accident fund from the amount payable to the Contractor by the County under this Contract, and transmit the deducted amount to the Department of Labor and Industries, Division of Insurance Services. The amount withheld is in addition to the amount retained under Chapter 60.28 RCW. This provision does not waive any of L&I's rights to collect from the Contractor. 8.5 VERIFICATION OF COVERAGE AND ACCEPTABILITY OF INSURERS A. The Contractor shall furnish the County with properly executed certificates of insurance that evidence all insurance required in this Section. The certificate shall provide that the underlying insurance contract will not be canceled, allowed to expire, or be materially reduced in coverage except on 30 days prior written notice to the County. The Contractor or their broker shall provide a copy of any and all insurance policies required by this contract upon request of the County.

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B. The Contractor shall maintain all required policies in force from the time services commence until services are completed. Certificates, policies, and endorsements expiring before completion of services shall be promptly replaced and update insurance certificates shall be submitted to the County. C. The Contractor shall place insurance with insurers licensed to do business in the state of Washington and having A.M. Best Company ratings of no less than A-. Excess and umbrella coverage used to meet the requirements for limits of liability need not be placed with insurers or re-insurers licensed in the State of Washington. 8.6 OTHER INSURANCE PROVISIONS A. The Contractor's insurance policies shall be primary with respect to the work performed under the contract and with respect to any insurance or self-insurance programs covering the County, its officials, officers, employees. B. The Contractor shall include all Subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each Subcontractor. All coverage for Subcontractors shall be subject to all of the requirements stated herein. C. The limits of insurance policies required by this Section shall in no way be construed as to limit the Contractor's duty to indemnify and hold harmless the County as provided in other sections within the general conditions of the contract. 8.7 PERFORMANCE AND PAYMENT BONDS A. Pursuant to RCW Chapter 39.08, the Contractor shall furnish Performance and Payment Bond(s) for 100% of the Contract Amount, plus all Change Orders and Washington State Sales Tax, for the Work and shall be in substantially the same form as attached hereto as Exhibit A. The Performance and Payment Bond(s) shall:

1. be signed by an approved surety that is registered with the Washington State Insurance Commissioner, and appears on the current Authorized Insurance List in the State of Washington published by the Office of the Insurance Commissioner;

2. be conditioned upon the faithful performance of this Contract by Contractor; 3. guarantee that the surety shall indemnify, defend, and protect Thurston County

against any claim of direct or indirect loss resulting from the failure: (i) of Contractor or any of the employees or Subcontractors to faithfully perform the Work in accordance with this Contract, and (ii) of Contractor or any Subcontractors to pay all laborers, mechanics, Subcontractors, material persons, or any other person who provides supplies or provisions for carrying out the Work.

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TIME AND SCHEDULE 8.8 PROGRESS AND COMPLETION Contractor shall diligently prosecute the Work, with adequate forces to achieve Substantial Completion and Final Completion in the time frames set forth in the contract scope of work. 8.9 NOTICE TO PROCEED The County shall issue a written Notice to Proceed after the execution of the Contract and receipt of all necessary required documents, including but not limited to, Performance and Payment Bond , a copy of insurance policies and/or Certificate of Insurance and Additional Insured Endorsement, Unified Business Identifier (UBI) number, Employment Security number, State Excise Tax registration number, Subcontractor and Supplier letter, and Verification of Workers' Compensation from Labor & Industries. The Notice to Proceed shall provide the Start Date. 8.10 CONSTRUCTION SCHEDULE A. Unless otherwise provided in Section 1, Contractor shall, within fourteen (14) calendar days after issuance of the Notice to Proceed, submit a preliminary Progress Schedule. The Progress Schedule shall show the sequence in which Contractor proposes to perform the Work, and the dates on which Contractor plans to start and finish major portions of the Work, including dates for shop drawings and other submittals, and for acquiring materials and equipment. B. The Progress Schedule shall be in the form of a bar chart, or a critical path method analysis, as specified by County. The preliminary Progress Schedule may be general, showing the major portions of the Work, with a more detailed Progress Schedule submitted as directed by County. C. County shall return comments on the preliminary Progress Schedule to Contractor within fourteen (14) calendar days of receipt. Review by County of Contractor's schedule shall not constitute an approval or acceptance of Contractor's construction means, methods, or sequencing, or its ability to complete the Work within the Contract Time. Contractor shall revise and resubmit its schedule, as necessary. County may withhold a

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portion of progress payments until a Progress Schedule has been submitted which meets the requirements of this Section. D. Contractor shall utilize and comply with the Progress Schedule. On a monthly basis, or as otherwise directed by County, Contractor shall submit an updated Progress Schedule at its own expense to County indicating actual progress. If, in the opinion of County, Contractor is not in conformance with the Progress Schedule for reasons other than acts of Force Majeure, Contractor shall take such steps as are necessary to bring the actual completion dates of its work activities into conformance with the Progress Schedule, or revise the Progress Schedule to reconcile with the actual progress of the Work. E. Contractor shall promptly notify County in writing of any actual or anticipated event which is delaying or could delay achievement of any milestone or performance of any critical path activity of the Work. Contractor shall indicate the expected duration of the delay, the anticipated effect of the delay on the Progress Schedule, and the action taken or to be taken to correct the problem. Provision of such notice does not relieve Contractor of its obligation to complete the Work within the Contract Time. 8.11 COUNTY'S RIGHT TO SUSPEND THE WORK FOR CONVENIENCE A. County may, at its sole discretion, order Contractor, in writing, to suspend all or any part of the Work for up to ninety (90) calendar days, or for such longer period as mutually agreed. B. Upon receipt of a written notice suspending the Work, Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incidence of cost of performance directly attributable to such suspension. Within a period up to ninety (90) calendar days after the notice is delivered to Contractor, or within any extension of that period to which the parties shall have agreed, County shall either: 1. Cancel the written notice suspending the Work; or 2. Terminate the Work covered by the notice as provided in the termination provisions of part 8.56 and 8.57. C. If Contractor fails or refuses to perform its obligations in accordance with the Contract Documents, County may order Contractor, in writing, to stop the Work, or any portion thereof, until satisfactory corrective action has been taken. D. Contractor shall not be entitled to an equitable adjustment in the Contract Time or Contract Amount for any increased cost or time of performance attributable to Contractor's failure or refusal to perform or from any reasonable remedial action taken by County based upon such failure.

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8.12 DELAY A. Any delay in or failure of performance by County or Contractor, other than the payment of money, shall not constitute a default hereunder if and to the extent the cause for such delay or failure of performance was unforeseeable and beyond the control of the party ("Force Majeure"). Acts of Force Majeure include, but are not limited to: 1. Acts of God or the public enemy; 2. Acts or omissions of any government entity; 3. Fire or other casualty for which Contractor is not responsible; 4. Quarantine or epidemic; 5. Strike or defensive lockout; 6. Unusually severe weather conditions which could not have been reasonably anticipated; and 7. Unusual delay in receipt of supplies or products which were ordered and expedited and for which no substitute reasonably acceptable to County was available. B. Contractor shall be entitled to an equitable adjustment in the Contract Time for changes in the time of performance directly attributable to an act of Force Majeure, provided it makes a request for equitable adjustment according to section 8.44. Contractor shall not be entitled to an adjustment in the Contract Amount resulting from an act of Force Majeure. C. Contractor shall be entitled to an equitable adjustment in Contract Time and may be entitled to an equitable adjustment in Contract Amount if the cost or time of Contractor's performance is changed due to the fault or negligence of County, provided the Contractor makes a request according to sections 8.52 and 8.53. D. Contractor shall not be entitled to an adjustment in Contract Time or in the Contract Amount for any delay or failure of performance to the extent such delay or failure was caused by Contractor or anyone for whose acts Contractor is responsible. E. To the extent any delay or failure of performance was concurrently caused by the County and Contractor, Contractor shall be entitled to an adjustment in the Contract Time for that portion of the delay or failure of performance that was concurrently caused, provided it makes a request for equitable adjustment according to 8.53, but shall not be entitled to an adjustment in Contract Amount.

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F. Contractor shall make all reasonable efforts to prevent and mitigate the effects of any delay, whether occasioned by an act of Force Majeure or otherwise. 8.13 NOTICE TO COUNTY OF LABOR DISPUTES A. If Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay timely performance in accordance with the Contract Documents, Contractor shall immediately give notice, including all relevant information, to County. B. Contractor agrees to insert a provision in its Subcontracts and to require insertion in all sub-subcontracts, that in the event timely performance of any such contract is delayed or threatened by delay by any actual or potential labor dispute, the Subcontractor or Sub-subcontractor shall immediately notify the next higher tier Subcontractor or Contractor, as the case may be, of all relevant information concerning the dispute. 8.14 DAMAGES FOR FAILURE TO ACHIEVE TIMELY COMPLETION A. Liquidated Damages 1. Timely performance and completion of the Work is essential to County and time limits stated in the Contract Documents are of the essence. County will incur serious and substantial damages if Substantial Completion of the Work does not occur within the Contract Time. However, it would be difficult, if not impossible, to determine the exact amount of such damages. Consequently, provisions for liquidated damages are included in the Contract Documents. 2. The liquidated damages set forth in the cost estimate and/or Contract Documents shall be assessed not as a penalty, but as liquidated damages for breach of the Contract Documents. This amount is fixed and agreed upon by and between the Contractor and County because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the County would in such event sustain. This amount shall be construed as the actual amount of damages sustained by the County, and may be retained by the County and deducted from periodic payments to the Contractor. 3. Assessment of liquidated damages shall not release Contractor from any further obligations or liabilities pursuant to the Contract Documents. B. Actual Damages Actual damages will be assessed for failure to achieve Final Completion within the time provided. Actual damages will be calculated on the basis of direct architectural, administrative, and other related costs attributable to the Project from the date when Final Completion should have been achieved, based on the date Substantial Completion is

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actually achieved, to the date Final Completion is actually achieved. County may offset these costs against any payment due Contractor. SPECIFICATIONS, DRAWINGS AND OTHER DOCUMENTS 8.15 DISCREPANCIES AND CONTRACT DOCUMENT REVIEW A. The intent of the Specifications and Drawings is to describe a complete Project to be constructed in accordance with the Contract Documents. Contractor shall furnish all labor, materials, equipment, tools, transportation permits, and supplies; and perform the Work required in accordance with the Drawings, Specifications, and other provisions of the Contract Documents. B. The Contract Documents are complementary. What is required by one part of the Contract Documents shall be binding as if required by all. Anything mentioned in the Specifications and not shown on the Drawings, or shown on the Drawings and not mentioned in the Specifications, shall be of like effect as if shown or mentioned in both. C. Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by County. If, during the performance of the Work, Contractor finds a conflict, error, inconsistency, or omission in the Contract Documents, it shall promptly and before proceeding with the Work affected thereby, report such conflict, error, inconsistency, or omission to Owner's Representative in writing. D. Contractor shall do no Work without applicable Drawings, Specifications, or written modifications, or Shop Drawings where required, unless instructed to do so in writing by County. If Contractor performs any construction activity, and it knows or reasonably should have known that any of the Contract Documents contain a conflict, error, inconsistency, or omission, Contractor shall be responsible for the performance and shall bear the cost for its correction. E. Contractor shall provide any work or materials which are clearly implied and are within the scope of the Contract Documents even if the Contract Documents do not mention them specifically. F. Questions regarding interpretation of the requirements of the Contract Documents shall be referred to the Owner's Representative. 8.16 CONSTRUCTION AS-BUILT DRAWINGS AND SPECIFICATIONS

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A. Contractor shall legibly mark in ink on a separate set of the Drawings and Specifications all changes in actual construction from those drawings, specifications, addenda and change orders. Such change notations shall include, but not be limited to, depths of foundations, horizontal and vertical locations of internal and underground utilities and appurtenances referenced to permanent visible and accessible surface improvements, field changes of dimensions and details, actual suppliers, manufacturers and trade names and models of installed equipment. This separate set of Drawings and Specifications shall be the "Construction As-Built Drawings and Specifications. B. The Construction As-Built Drawings and Specifications shall be maintained on the project site throughout the construction and shall be clearly labeled "Construction As-Built Drawings and Specifications". The Construction As-Built Drawings and Specifications shall be updated at least weekly noting all changes and shall be available to County at all times. C. Contractor shall submit the completed and finalized Construction As-Built Drawings and Specifications to Owner's Representative prior to Final Acceptance. 8.17 SHOP DRAWINGS A. "Shop Drawings" means documents and other information required to be submitted to Owner's Representative by Contractor pursuant to the Contract Documents, showing in detail: the proposed fabrication and assembly of structural elements; and the installation (i.e. form, fit, and attachment details) of materials and equipment. Shop Drawings include, but are not limited to, drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, samples, and similar materials furnished by Contractor to explain in detail specific portions of the Work required by the Contract Documents. For materials and equipment to be incorporated into the Work, Contractor submittal shall include the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the item. When directed, Contractor shall submit all samples at its own expense. County may duplicate, use and disclose Shop Drawings provided in accordance with the Contract Documents. B. Contractor shall coordinate all Shop Drawings, and review them for accuracy, completeness, and compliance with the Contract Documents and shall indicate its approval thereon as evidence of such coordination and review. Where required by law, Shop Drawings shall be stamped by an appropriate professional licensed by the state of Washington. Shop Drawings submitted to Owner's Representative without evidence of Contractor's approval shall be returned for resubmission. Contractor shall review, approve, and submit Shop Drawings with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of County or separate contractors. Contractor's submittal schedule shall allow a reasonable time for County or Owner's Representative review. County or Owner's Representative shall review, approve, or take other appropriate action on the Shop Drawings. Contractor shall perform no portion of

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the Work requiring submittal and review of Shop Drawings until the respective submittal has been reviewed and the County or Owner's Representative has approved or taken other appropriate action. County and Owner's Representative shall respond to Shop Drawing submittals with reasonable promptness. Any Work by Contractor shall be in accordance with reviewed Shop Drawings. Submittals made by Contractor which are not required by the Contract Documents may be returned without action. C. Approval, or other appropriate action, with regard to Shop Drawings by County or Owner's Representative shall not relieve Contractor of responsibility for any errors or omissions in such Shop Drawings, nor from responsibility for compliance with the requirements of the Contract Documents. Unless specified in the Contract Documents, review by County or Owner's Representative shall not constitute an approval of the safety precautions employed by Contractor during construction, or constitute an approval of Contractor's means or methods of construction. If Contractor fails to obtain approval before installation and the item or work is subsequently rejected, Contractor shall be responsible for all costs of correction. D. If Shop Drawings show variations from the requirements of the Contract Documents, Contractor shall describe such variations in writing, separate from the Shop Drawings, at the time it submits the Shop Drawings containing such variations. If Designer approves any such variation, the Contractor shall submit a Change Order proposal to the County. If the variation is minor and does not involve an adjustment in the Contract Amount or Contract Time, a Change Order need not be issued; however, the modification shall be recorded upon the Construction As-Built Drawings and Specifications. 8.18 ORGANIZATION OF SPECIFICATIONS Specifications are prepared in Sections which conform generally with trade practices. These Sections are for County and Contractor convenience and shall not control Contractor in dividing the Work among the Subcontractors or in establishing the extent of the Work to be performed by any trade. 8.19 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS A. The Drawings, Specifications, and other documents prepared by Contractor are instruments of Contractor's service through which the Work to be executed by Contractor is described. Neither Contractor nor any Subcontractor shall own or claim a copyright in the Drawings, Specifications, and other documents prepared by Contractor, and Contractor shall be deemed the author of them and will, along with any rights of County, retain all common law, statutory and other reserved rights, in addition to the copyright. All copies of these documents, except Contractor's set, shall be returned or suitably accounted for to Designer, on request, upon completion of the Work.

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B. The Drawings, Specifications, and other documents prepared by the County or , Contractor and copies thereof furnished to Contractor, are for use solely with respect to this Project. They are not to be used by Contractor or any Subcontractor on other projects or for additions to this Project outside the scope of the Work without the specific written consent of County and Owner's Representative. Contractor and Subcontractors are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications, and other documents prepared by Contractor appropriate to and for use in the execution of their Work. C. Contractor and all Subcontractors grant a non-exclusive license to County, without additional cost or royalty, to use for its own purposes (including reproduction) all Shop Drawings, together with the information and diagrams contained therein, prepared by Contractor or any Subcontractor. In providing Shop Drawings, Contractor and all Subcontractors warrant that they have authority to grant to County a license to use the Shop Drawings, and that such license is not in violation of any copyright or other intellectual property right. Contractor agrees to defend and indemnify County pursuant to the indemnity provisions in Section 8.41 from any violations of copyright or other intellectual property rights arising out of County's use of the Shop Drawings hereunder, or to secure for County, at Contractor's own cost, licenses in conformity with this Section. D. The Shop Drawings and other submittals prepared by Contractor, Subcontractors of any tier, or its or their equipment or material suppliers, and copies thereof furnished to Contractor, are for use solely with respect to this Project. They are not to be used by Contractor or any Subcontractor of any tier, or material or equipment supplier, on other projects or for additions to this Project outside the scope of the Work without the specific written consent of County. The Contractor, Subcontractors of any tier, and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Shop Drawings and other submittals appropriate to, and for use in the execution of their Work under the Contract Documents. PERFORMANCE 8.20 CONTRACTOR CONTROL AND SUPERVISION A. Contractor shall supervise and direct the Work, using its best skill and attention, and shall perform the Work in a skillful manner. Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences, and procedures and for coordinating all portions of the Work, unless the Contract Documents give other specific instructions concerning these matters. Contractor shall disclose its means and methods of construction when requested by County.

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B. Performance of the Work shall be directly supervised by a competent superintendent who is satisfactory to County and has authority to act for Contractor. The superintendent or any person specifically assigned to the Project in a management position who had authority to act for the Contractor shall not be changed without the prior written consent of County. C. Contractor shall be responsible to County for acts and omissions of Contractor, Subcontractors, their employees and agents. D. Contractor shall enforce strict discipline and good order among Contractor's employees and other persons performing the Work. Contractor shall not permit employment of persons not skilled in tasks assigned to them. Contractor's employees shall at all times conduct business in a manner which assures fair, equal and nondiscriminatory treatment of all persons. County may, by written notice, request Contractor to remove from the Work or Project site any employee County reasonably deems incompetent, careless or otherwise objectionable. E. Contractor shall keep on the Project site a copy of the Drawings, Specifications, addenda, reviewed Shop Drawings, permits and permit drawings. F. Contractor shall ensure that its Owner(s) and employees, and those of its Subcontractors, comply with the Ethics in Public Service Act RCW 42.52, which, among other things, prohibits public employees from having an economic interest in any public works contract that was made by, or supervised by, that employee. Contractor shall remove, at its sole cost and expense, any performance of any part of the Work in progress or any of its or its Subcontractors' employees, if they are in violation of this act. 8.21 PERMITS, FEES AND NOTICES A. Unless otherwise provided in the Contract Documents, Contractor shall secure and pay for any permits, government fees, royalties, licenses, utility fees and inspection fees necessary for proper execution and completion of the Work herein. B. If allowances for permits or utility fees are called for in the Contract Documents and set forth in Contractor's Response, and the actual costs of those permits or fees differ from the noted allowances in the Contract Documents, the difference shall be adjusted by Change Order. C. Contractor shall comply with and give notices required by all federal, state, and local laws, ordinances, rules, regulations, and lawful orders of public authorities applicable to performance of the Work. 8.22 PATENTS AND ROYALTIES

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Contractor is responsible for, and shall pay, all royalties and license fees. Contractor shall defend, indemnify, and hold County harmless from any costs, expenses, and liabilities arising out of the infringement by Contractor of any patent, copyright, or other intellectual property right used in the Work; however, provided that Contractor gives prompt notice, Contractor shall not be responsible for such defense or indemnity when a particular design, process, or product of a particular manufacturer or manufacturers is required by the Contract Documents. If Contractor has reason to believe that use of the required design, process, or product constitutes an infringement of a patent or copyright, it shall promptly notify County of such potential infringement. 8.23 PREVAILING WAGES Contractor shall pay the prevailing rate of wages to all workers, laborers, or mechanics employed in the performance of any part of the Work in accordance with RCW 39.12, as amended,, and shall comply with all applicable State laws, regulations, requirements, and procedures pertaining to prevailing wages, including but not limited to those established by the Washington State Department of Labor and Industries. The schedule of prevailing wage rates for the locality or localities of the Work, is determined by the Industrial Statistician of the Department of Labor and Industries. The Prevailing Wage List applicable for this project is included in the Project Manual as "Appendix A" 8.24 HOURS OF LABOR

A. Contractor shall comply with all applicable provisions of chapter 49.28 RCW, as amended.

8.25 NONDISCRIMINATION

A. The Contractor, its assignees, delegates, or Subcontractors shall not discriminate against any person in the performance of any of its obligations hereunder on the basis of race, color, creed, religion, national origin, age, sex, marital status, veteran or military status, sexual orientation or the presence of any disability. Implementation of this provision shall be consistent with RCW 49.60.400.

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8.26 SAFETY PRECAUTIONS A. Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Work. B. In carrying out its responsibilities according to the Contract Documents, Contractor shall protect the lives and health of employees performing the Work and other persons who may be affected by the Work; prevent damage to materials, supplies, and equipment whether on site or stored off-site; and prevent damage to other property at the site or adjacent thereto. Contractor shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury, or loss; shall erect and maintain all necessary safeguards for such safety and protection; and shall notify owner of adjacent property and utilities when prosecution of the Work may affect them. C. Contractor shall comply with all applicable federal, state, and local laws, rules, and regulations, as amended, with respect to hazardous substances. Contractor's responsibility for hazardous, toxic, or harmful substances shall include, but not be limited to, the following duties: 1. Contractor shall not keep, use, dispose, transport, generate, or sell on or about the Project site, any substances now or hereafter designated as, or which are subject to regulation as, hazardous, toxic, dangerous, or harmful by any federal, state or local law, regulation, statute or ordinance (hereinafter collectively referred to as "hazardous substances") in violation of any such law, regulation, statute, or ordinance 2. Contractor shall promptly notify County of all spills or releases of any hazardous substances which are otherwise required to be reported to any regulatory agency and shall pay the cost of cleanup. Contractor shall promptly notify County of all failures to comply with any federal, state, or local law, regulation, or ordinance; all inspections of the Project site by any regulatory entity concerning the same; all regulatory orders or fines; and all responses or interim cleanup actions taken by or proposed to be taken by any government entity or private party on the Project site. Contractor shall indemnify and hold the County harmless from any and all liability resulting from such a release and shall have full responsibility for complete clean up, as required by any government agency, of any and all contamination from such a release. The County shall be entitled to full contribution for all costs and damages incurred by it as the result of any release of such materials by Contractor. D. All Work shall be performed with due regard for the safety of the public. Contractor shall perform the Work so as to cause a minimum of interruption of vehicular traffic or inconvenience to pedestrians. All arrangements to care for such traffic shall be Contractor's responsibility. All expenses involved in the maintenance of traffic by way of detours shall be borne by Contractor.

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E. In an emergency affecting the safety of: life, the Work, or adjoining property, Contractor is permitted to act, at its discretion, to prevent such threatened loss or injury, and Contractor shall so act if so authorized or instructed. F. Nothing provided in this Section shall be construed as imposing any duty upon County or Owner's Representative with regard to, or as constituting any express or implied assumption of control or responsibility over, Project site safety, or over any other safety conditions relating to employees or agents of Contractor or any of its Subcontractors, or the public. 8.27 OPERATIONS, MATERIAL HANDLING AND STORAGE AREAS A. Contractor shall confine all operations, including storage of materials, to County-approved areas. B. Temporary buildings (e.g., storage sheds, shops, offices) and utilities may be provided by Contractor only with the consent of County and without expense to County. The temporary buildings and utilities shall remain the property of Contractor and shall be removed by Contractor at its expense upon completion of the Work. C. Contractor shall use only established roadways or temporary roadways authorized by County. When materials are transported in prosecuting the Work, vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by federal, state, or local law or regulation. D. Ownership and control of all materials or facility components to be demolished or removed from the Project site by Contractor shall immediately vest in Contractor upon severance of the component from the facility or severance of the material from the Project site. Contractor shall be responsible for compliance with all laws governing the storage and ultimate disposal. Contractor shall provide County with a copy of all manifests and receipts evidencing proper disposal when required by County or applicable law. E. Contractor shall be responsible for the proper care and protection of its materials and equipment delivered to the Project site. Materials and equipment may be stored on the premises subject to approval of County. When Contractor uses any portion of the Project site as a shop, Contractor shall be responsible for any repairs, patching, or cleaning arising from such use. F. Contractor shall protect and be responsible for any damage or loss to the Work, or to the materials or equipment until the date of Substantial Completion, and shall repair or replace without cost to County any damage or loss that may occur, except damages or loss caused by the acts or omissions of County. Contractor shall also protect and be responsible for any damage or loss to the Work, or to the materials or equipment, after the date of Substantial Completion, and shall repair or replace without cost to County any

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such damage or loss that might occur, to the extent such damages or loss are caused by the acts or omissions of Contractor, or any Subcontractor. 8.28 PRIOR NOTICE OF EXCAVATION Before commencing any excavation, Contractor shall provide notice of the scheduled commencement of excavation to all owners of underground facilities or utilities, through locator services. 8.29 UNFORESEEN PHYSICAL CONDITIONS A. If Contractor encounters conditions at the site which are subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents, or unknown physical conditions of an unusual nature which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then Contractor shall give written notice to County promptly before conditions are disturbed and in no event later than seven (7) calendar days after the first observance of the conditions. Conditions shall not be disturbed prior to such notice. B. If such conditions differ materially and cause a change in Contractor's cost of, or time required for, performance of any part of the Work, the Contractor may be entitled to an equitable adjustment in the Contract Time or Contract Amount, or both, provided it makes a request therefore as provided in section 8.51. 8.30 MATERIAL AND EQUIPMENT A. All equipment, material, and articles incorporated into the Work shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in the Contract Documents. References in the Specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard quality and shall not be construed as limiting competition. Contractor may, at its option, use any equipment, material, article, or process that, in the judgment of Designer, is equal to that named in the specifications, unless otherwise specifically provided in the Contract Documents. The County shall be advised of any substitutions to original equipment materials or articles and processes prior to the change. B. Contractor shall do all cutting, fitting, or patching that may be required to make its several parts fit together properly, or receive or be received by work of others set forth in, or reasonably implied by, the Contract Documents. Contractor shall not endanger any work by cutting, excavating, or otherwise altering the Work and shall not cut or alter the work of any other Contractor unless approved in advance by County.

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C. Should any of the Work be found defective, or in any way not in accordance with the Contract Documents, said work, in whatever stage of completion, may be rejected by the County. 8.31 PROTECTION OF EXISTING STRUCTURES, EQUIPMENT, VEGETATION, UTILITIES AND IMPROVEMENTS A. Contractor shall protect from damage all existing structures, equipment, improvements, utilities, and vegetation: at or near the Project site; and on adjacent property of a third party, the locations of which are made known to or should be known by Contractor. Contractor shall repair any damage, including that to the property of a third party, resulting from failure to comply with the requirements of the Contract Documents or failure to exercise reasonable care in performing the Work. If Contractor fails or refuses to repair the damage promptly, County may have the necessary work performed and charge the cost to Contractor. B. Contractor shall only remove trees when specifically authorized to do so, and shall protect vegetation specified to remain in place. 8.32 LAYOUT OF WORK A. Contractor shall plan and lay out the Work in advance of operations so as to coordinate all work without delay or revision. B. Contractor shall lay out the Work from County-established baselines and bench marks indicated on the Drawings, and shall be responsible for all field measurements in connection with the layout. Contractor shall furnish, at its own expense, all stakes, templates, platforms, equipment, tools, materials, and labor required to lay out any part of the Work. Contractor shall be responsible for executing the Work to the lines and grades that may be established. Contractor shall be responsible for maintaining or restoring all stakes and other marks established. 8.33 TESTS AND INSPECTIONS The County will acquire and pay for the services of an independent testing laboratory to perform all testing and special inspections as required, to ensure that the Work conforms to the requirements of the Contract Documents. The Contractor shall make schedule arrangements with the testing company for such tests and special inspections and give the County timely notice of when and where tests and inspections are to be made. The County may charge the Contractor for any additional costs of inspections or testing when Work is not ready at the time specified by Contractor for inspection or testing, or when prior rejection makes reinspection or retest necessary.

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8.34 AVAILABILITY AND USE OF UTILITY SERVICES A. County shall make all reasonable utilities available to Contractor from existing outlets and supplies, as specified in the Contract Documents. Unless otherwise provided in the Contract Documents, the utility service consumed shall be charged to or paid for by Contractor at prevailing rates charged to County, or where the utility is produced by County, at reasonable rates determined by County. Contractor shall carefully conserve any utilities furnished. B. Contractor shall, at its expense and in a skillful manner satisfactory to County, install and maintain all necessary temporary connections and distribution lines, together with appropriate protective devices, and all meters required to measure the amount of each utility used for the purpose of determining charges. Prior to the date of Final Acceptance, Contractor shall remove all temporary connections, distribution lines, meters, and associated equipment and materials. 8.35 CORRECTION OF NONCONFORMING WORK A. Contractor shall promptly correct Work found by County not conforming to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed, or completed. Contractor shall bear all costs of correcting such nonconforming Work, including additional testing and inspections. B. If, within one year after the date of Substantial Completion of the Work or designated portion thereof, or within one year after the date for commencement of any system warranties established under Section 8.40, or within the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, Contractor shall correct it promptly after receipt of written notice from County to do so. County shall give such notice promptly after discovery of the condition. No one year warranty period shall begin prior to Substantial Completion without prior approval by County. Contractor's duty to correct with respect to Work repaired or replaced shall run for one year from the date of repair or replacement. Obligations under this Section shall survive Final Acceptance. C. Contractor shall remove from the Project site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by Contractor nor accepted by County. D. If Contractor fails to correct nonconforming Work within a reasonable time after written notice to do so, County may replace, correct, or remove the nonconforming Work and charge the cost thereof to the Contractor.

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E. Contractor shall bear the cost of correcting destroyed or damaged Work, whether completed or partially completed, caused by Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. H. Nothing contained in this Section shall be construed to establish a period of limitation with respect to other obligations which Contractor might have according to the Contract Documents. Establishment of the time period of one year as described in Section 8.40 relates only to the specific obligation of Contractor to correct the Work, and has no relationship to the time within which the Contractor's obligation to comply with the Contract Documents may be sought to be enforced, including the time within which such proceedings may be commenced. If County chooses to accept Work which is not in accordance with the requirements of the Contract Documents, County may do so instead of requiring its removal and correction, in which case the Contract Amount may be adjusted as appropriate and equitable. Any such acceptance shall be ratified by means of a Change Order to the contract. 8.36 CLEAN UP Contractor shall at all times keep the Project site, including hauling routes, infrastructures, utilities, and storage areas, free from accumulations of waste materials. Before completing the Work, Contractor shall remove from the premises its rubbish, tools, scaffolding, equipment, and materials. Upon completing the Work, Contractor shall leave the Project site in a clean, neat, and orderly condition satisfactory to County. If Contractor fails to clean up as provided herein, and after reasonable notice from County, County may do so and the cost thereof shall be charged to Contractor. 8.37 ACCESS TO WORK Contractor shall provide County and County's representative access to the Work in progress wherever located. 8.38 OTHER CONTRACTS County may undertake or award other contracts for additional work at or near the Project site. Contractor shall reasonably cooperate with the other contractors and with County's employees and shall carefully adapt scheduling and perform the Work in accordance with these Contract Documents to reasonably accommodate the other work. 8.39 SUBCONTRACTORS AND SUPPLIERS A. Before submitting the first Application for Payment, Contractor shall furnish in writing to County the names, FID numbers addresses, and telephone numbers of all Subcontractors, as well as, Suppliers providing materials in excess of $2,500. The Contractor's submitted list of Subcontractors and Suppliers shall include the category of

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work for each listed Subcontractor and Material Supplier. Contractor shall utilize Subcontractors and Suppliers which are experienced and qualified, and meet the requirements of the Contract Documents, if any. Contractor shall not utilize any Subcontractor or Supplier to whom the County has a reasonable objection, and shall obtain County's written consent before making any substitutions or additions. B. All Subcontracts must be in writing. By appropriate written agreement, Contractor shall require each Subcontractor, so far as applicable to the Work to be performed by the Subcontractor, to be bound to Contractor by terms of the Contract Documents, and to assume toward Contractor all the obligations and responsibilities which Contractor assumes toward County in accordance with the Contract Documents. Each Subcontract shall preserve and protect the rights of County in accordance with the Contract Documents with respect to the Work to be performed by the Subcontractor so that that subcontracting thereof does not prejudice such rights. Where appropriate, Contractor shall require each Subcontractor to enter into similar agreements with Subsubcontractors. However, nothing in this Section shall be construed to alter the contractual relations between Contractor and its Subcontractors with respect to insurance or bonds. 1. The Contractor shall include the language of this section in each of its first tier subcontracts, and shall require each of its subcontractors to include substantially the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. The requirements of this section apply to all subcontractors regardless of tier. 2. At the time of subcontract execution, the Contractor shall verify that each of its first tier subcontractors meets the following bidder responsibility criteria: a. At the time of subcontract bid submittal, have a certificate of registration in compliance with chapter 18.27 RCW; b. Have a current state unified business identifier number; c. If applicable, have: i. Industrial insurance coverage for the subcontractor's employees working in Washington as required in Title 51 RCW; ii. An employment security department number as required in Title 50 RCW; iii. A state excise tax registration number as required in Title 82 RCW; iv. An electrical contractor license, if required by Chapter 19.28 RCW; and v. An elevator contractor license, if required by Chapter 70.87 RCW. d. Not be disqualified from bidding on any Thurston County contract under RCW 39.06.010 or 39.12.065.

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C. Contractor shall schedule, supervise and coordinate the operations of all Subcontractors. No Subcontracting of any of the Work shall relieve Contractor from its responsibility for the performance of the Work in accordance with the Contract Documents or any other obligations of the Contract Documents. D. Each subcontract agreement for a portion of the Work is hereby assigned by Contractor to County provided that: 1. The assignment is effective only after termination by County for cause pursuant to Section 8.56 and 8.57. and only for those Subcontracts which County accepts by notifying the Subcontractor in writing; and, 2. After the assignment is effective, County shall assume all future duties and obligations toward the Subcontractor which Contractor assumed in the Subcontract. 3. The assignment is subject to the prior rights of the surety, if any, obligated under any bond provided in accordance with the Contract Documents. 8.40 WARRANTY PROVISIONS A. In addition to any special warranties provided elsewhere in the Contract Documents, Contractor warrants to the County that materials and equipment furnished under the contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work performed under this Contract shall be free from defects in material and workmanship, that the goods are fit for a particular purpose, and that the Work will conform with the requirements of the Contract Documents as described herein for a period of not less than 1 year. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective and may be rejected. The Contractor's Warranty excludes remedy for damage caused by abuse, improper or insufficient maintenance, or improper operation. If required by the Owner or Owner's Representative, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment provided. B. With respect to all warranties, express or implied, for Work performed or materials furnished according to the Contract Documents, Contractor shall: 1. Obtain all warranties that would be given in normal commercial practice; 2. Require all warranties to be executed, in writing, for the benefit of County; 3. Enforce all warranties for the benefit of County, if directed by County; and 4. Be responsible to enforce any Subcontractor's, manufacturer's, or supplier's warranty should they extend beyond the period specified in the Contract Documents. C. The obligations under this Section shall survive Final Acceptance.

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8.41 HOLD HARMLESS AND INDEMNIFICATION A. Contractor shall defend, indemnify, and hold Thurston County, its appointed and elected officers and officials, employees, and agents and Owner's Representative harmless from and against all suits, claims, actions, demands, losses, damages, liabilities, expenses, attorneys fees, expert fees, or costs of whatsoever kind or nature arising out of, in connection with, or incident to the Work provided under this Contract, including but not limited to damages arising out of sickness, bodily injury or death to persons and damage to property or business, caused by or resulting from: 1. The sole negligence of Contractor or any of its Subcontractors;

2. The concurrent negligence of Contractor, its employees or agents, or any Subcontractor, but only to the extent of the percentage of fault attributable to the Contractor, its employees, agents or Subcontractors; and

3. The use of any design, process, or equipment which constitutes an infringement of any United States patent presently issued, or violates any other proprietary interest, including copyright, trademark, and trade secret. B. The Contractor’s obligations hereunder shall not extend to injury, sickness, death or damage caused by or arising out of the sole negligence of Thurston County, its appointed and elected officers and officials, employees or agents. C. In any and all claims against the Thurston County, its appointed and elected officers and officials, employees and agents by any employee of the Contractor, Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under this Section shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor or Subcontractor under Worker's compensation acts, disability benefit acts, or other employee benefit acts, it being clearly agreed and understood by the parties hereto that the Contractor expressly waives any immunity the Contractor might have had under such laws, including but not limited to RCW Title 51, The Industrial Insurance Act. By executing the Contract, the Contractor acknowledges that the foregoing waiver has been mutually negotiated by the parties and that the provisions of this Section shall be incorporated, as relevant, into any contract the Contractor makes with any Subcontractor or agent performing Work hereunder.

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PAYMENTS AND COMPLETION 8.42 CONTRACT AMOUNT County shall pay Contractor the Contract Amount for performance of the Work, plus or minus Change Orders and Plus WSST for performance of the Work, in accordance with the Contract Documents. 8.43 SCHEDULE OF VALUES A. At least ten (10) calendar days before the first Application for Payment, Contractor shall submit to Owner's Representative for approval a breakdown allocating the total Contract Amount to each principle category of work, in such detail as requested by County ("Schedule of Values"). B. The approved Schedule of Values shall include appropriate amounts for Demobilization, Construction As-built Drawings and Specifications, Operations and Maintenance (0 & M) manuals, and any other requirements for Project Closeout, and shall be used by Owner's Representative as the basis for progress payments. Payment for Work shall be made only for and in accordance with those items included in the Schedule of Values. 8.44 APPLICATION FOR PAYMENT A. At monthly intervals, unless determined otherwise by County, Contractor shall submit to the Owner's Representative an itemized Application for Payment for Work completed in accordance with the Contract Documents and the approved Schedule of Values. Each application shall be supported by such substantiating data as County may require. B. The Contractor may submit application utilizing a company form invoice that must include: 1. Detailed itemized list of work and materials. 2. Company and payment processing information 3. Invoice reference number and contract number C. By submitting an Application for Payment, Contractor is certifying that all Subcontractors have been paid, less earned retainage in accordance with RCW 60.28. as amended, as their interests appeared in the last preceding certificate of payment. By submitting an Application for Payment, Contractor is recertifying that the representations set forth in the contract are true and correct, to the best of Contractor's knowledge, as of the date of the Application for Payment. D. At the time it submits an Application for Payment, Contractor shall analyze and reconcile, to the satisfaction of County, the actual progress of the Work with the Progress Schedule.

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8.45 PROGRESS PAYMENTS A. County shall make progress payments, in such amounts as County determines are properly due, within thirty (30) calendar days after receipt of a properly executed Application for Payment. County shall notify Contractor in accordance with RCW 39.76 if the Application for Payment does not comply with the requirements of the Contract Documents. B. If the Contractor has provided Performance and Payment Bond(s), the County shall retain 5% of the amount of each progress payment until sixty (60) calendar days after Final Acceptance and receipt of all documents required by law or the Contract Documents, including, at County's request, consent of surety to release of the retainage. C. Title to all Work and materials covered by a progress payment shall pass to County at the time of such payment free and clear of all liens, claims, security interests and encumbrances. Passage of title shall not, however, relieve Contractor from any of its duties and responsibilities for the Work or materials, or waive any rights of County to insist on full compliance by Contractor with the Contract Documents. D. Payments due and unpaid in accordance with the Contract Documents shall bear interest as specified in RCW 39.76. E. No certificate given or payment made shall be evidence of the performance of the Contract, either wholly or in part, against the claim of the County to the contrary, and no payment will be construed to be an acceptance of any defective Work which may before or afterward appear. F. Neither County nor Owner's Representative shall have an obligation to pay or to see the payment of money to Subcontractor except as may otherwise be required by law. 8.46 PAYMENTS WITHHELD A. County may withhold or, on account of subsequently discovered evidence, nullify the whole or part of any payment to such extent as may be necessary to protect County from loss or damage for reasons including but not limited to: 1. Work not in accordance with the Contract Documents; 2. Reasonable evidence that the Work required by the Contract

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Documents cannot be completed for the unpaid balance of the Contract Amount; 3. Work by County to correct defective Work or complete the Work in accordance with Section 8.48; 4. Failure to perform in accordance with the Contract Documents; or, 5. Cost or liability that may occur to County as the result of Contractor's fault or negligent acts or omissions. B. In any case where part or all of a payment is going to be withheld for unsatisfactory performance, County shall notify Contractor in accordance with RCW 39.76. 8.47 BOND CLAIM RIGHTS AND RETAINAGE RCW chapters 39.08 and 60.28, concerning the rights and responsibilities of Contractor and County with regard to the performance and payment bonds and retainage, are made a part of the Contract Documents by reference as though fully set forth herein. 8.48 SUBSTANTIAL COMPLETION A. Substantial Completion is the stage in the progress of the Work (or portion thereof designated and approved by County) when the construction is sufficiently complete, in accordance with the Contract Documents, so County is able to fully occupy the Work (or the designated portion thereof) for the use for which it is intended. All Work other than incidental corrective or punch list work shall be completed. Substantial Completion shall not have been achieved if all systems and parts are not functional, if utilities are not connected and operating normally, if all required occupancy permits from jurisdictions having authority have not been issued, or if the Work is not accessible by normal vehicular and pedestrian traffic routes. The date Substantial Completion is achieved shall be established in writing by County. County's occupancy of the Work or designated portion thereof does not necessarily indicate that Substantial Completion has been achieved. B. All warranties as described in the completed contract shall begin on the date of Substantial Completion except as may be agreed to in writing between County and Contractor.

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8.49 PRIOR OCCUPANCY A. County may, upon written notice thereof to Contractor, take possession of or use any completed or partially completed portion of the Work ("Prior Occupancy") at any time prior to Substantial Completion. Unless otherwise agreed in writing, Prior Occupancy shall not: be deemed an acceptance of any portion of the Work; accelerate the time for any payment to Contractor; prejudice any rights of County provided by any insurance, bond, guaranty, or the Contract Documents; relieve Contractor of the risk of loss or any of the obligations established by the Contract Documents; establish a date for termination or partial termination of the assessment of liquidated damages; or constitute a waiver of claims. B. Notwithstanding anything in the preceding Section, County shall be responsible for loss of or damage to the Work resulting from Prior Occupancy. 8.50 FINAL COMPLETION, ACCEPTANCE AND PAYMENT A. Final Completion shall be achieved when the Work is fully and finally complete in accordance with the Contract Documents. The date Final Completion is achieved shall be established by County in writing. B. Final Acceptance is the formal action of County acknowledging Final Completion. Prior to Final Acceptance, Contractor shall, in addition to all other requirements in the Contract Documents, submit to County a written notice of any outstanding disputes or claims between Contractor and any of its Subcontractors, including the amounts and other details thereof. Neither Final Acceptance, nor final payment, shall release Contractor or its sureties from any obligations of these Contract Documents or the Public Works Bond, or constitute a waiver of any claims by County arising from Contractor's failure to perform the Work in accordance with the Contract Documents. C. Acceptance of Final Payment by Contractor, or any Subcontractor, shall constitute a waiver and release to County of all claims by Contractor, or any such Subcontractor, for an increase in the Contract Amount or the Contract Time, and for every act or omission of County relating to or arising out of the Work, except for those Claims made in accordance with the procedures, including the time limits, set forth in part 8, General Conditions. CHANGES 8.51 CHANGE IN THE WORK A. County may, at any time and without notice to Contractor's surety, order additions, deletions, revisions, or other changes in the Work. The Contractor agrees to fully perform any such changes in the work. The Contractor shall proceed with the work upon receiving a written change order approved by the County, or a written directive from the Owner's

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Representative before actually receiving the written Change Order. All such changes in the work shall be incorporated into the Contract Documents through the execution of Change Orders. If any change in the Work ordered by County causes an increase or decrease in the Contractor's cost of, or time required for, the performance or any part of the work under this Contract, an equitable adjustment shall be made and the Contract modified in writing accordingly. Change Orders shall not be used to materially alter the Scope of Work; however, the Scope may be altered through a Thurston County standard Contract Amendment. B. If County desires to order a change in the Work, it may request a written Change Order proposal from Contractor. Contractor shall submit a Change Order proposal within fourteen (14) calendar days of the request from County, or within such other period as mutually agreed. Contractor's Change Order proposal shall be full compensation for implementing the proposed change in the Work, including any adjustment in the Contract Amount or Contract Time, and including compensation for all delays in connection with such change in the Work and for any expense or inconvenience, disruption of schedule, or loss of efficiency or productivity occasioned by the change in the Work. C. Upon receipt of the Change Order proposal, or a request for equitable adjustment in the Contract Amount or Contract Time, or both, as provided in sections 8.51-8.53, County may accept or reject the proposal, request further documentation, or negotiate acceptable terms with Contractor. Pending agreement on the terms of the Change Order, County may direct Contractor to proceed immediately with the Change Order Work. Contractor shall not proceed with any change in the Work until it has obtained County's approval. All Work done pursuant to any County-directed change in the Work shall be executed in accordance with the Contract Documents. D. If County and Contractor reach agreement on the terms of any change in the Work, including any adjustment in the Contract Amount or Contract Time, such agreement shall be incorporated in a Change Order. The Change Order shall constitute full payment and final settlement of all claims for time and for direct, indirect, and consequential costs, including costs of delays, inconvenience, disruption of schedule, or loss of efficiency or productivity, related to any Work either covered or affected by the Change Order, or related to the events giving rise to the request for equitable adjustment. E. If County and Contractor are unable to reach agreement on the terms of any change in the Work, including any adjustment in the Contract Amount or Contract Time, Contractor may at any time in writing, request a final offer from County. County shall provide Contractor with its written response within thirty (30) calendar days of Contractor's request. County may also provide Contractor with a final offer at any time. If Contractor rejects County's final offer, or the parties are otherwise unable to reach agreement, Contractor's only remedy shall be to file a Claim as provided in section 8.54-8.55. 8.52 CHANGE IN THE CONTRACT AMOUNT

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A. General Application 1. The Contract Amount shall only be changed by a Change Order. Contractor shall include any request for a change in the Contract Amount in its Change Order proposal. 2. If the cost of Contractor's performance is changed due to the fault or negligence of the County, or anyone for whose acts the County is responsible, Contractor shall be entitled to make a request for an equitable adjustment in the Contract Amount in accordance with the following procedure. No change in the Contract Amount shall be allowed to the extent: Contractor's changed cost of performance is due to the fault or negligence of Contractor, or anyone for whose acts Contractor is responsible; the change is concurrently caused by Contractor and County; or the change is caused by an act of Force Majeure. a. A request for an equitable adjustment in the Contract Amount shall be based on written notice delivered to County within seven (7) calendar days of the occurrence of the event giving rise to the request. For purposes of this part, "occurrence" means when Contractor knew, or in its diligent prosecution of the Work should have known, of the event giving rise to the request. If Contractor believes it is entitled to an adjustment in the Contract Amount, The Contractor shall immediately notify County and begin to keep and maintain complete, accurate, and specific daily records. Contractor shall give County access to any such records and, if requested shall promptly furnish copies of such records to County. b. The Contractor shall not be entitled to any adjustment in the Contract Amount for any occurrence of events or costs that occurred more than seven (7) calendar days before Contractor's written notice to County. The written notice shall set forth, at a minimum, a description of: the event giving rise to the request for an equitable adjustment in the Contract Amount; the nature of the impacts to Contractor and its Subcontractors of any tier, if any; and to the extent possible the amount of the adjustment in Contract Amount requested. Failure to properly give such written notice shall constitute a waiver of Contractor's right to an equitable adjustment. c. Within thirty (30) calendar days of the occurrence of the event giving rise to the request, unless County agrees in writing to allow an additional period of time to ascertain more accurate data, Contractor shall supplement the written notice provided in accordance with subparagraph a. above with additional supporting data. Such additional data shall include, at a minimum: the amount of compensation requested, itemized in accordance with the procedure set forth herein; specific facts, circumstances, and analysis that confirms not only that Contractor suffered the damages claimed, but that the damages claimed were actually a result of the act, event, or condition complained of and that the Contract Documents provide entitlement to an equitable adjustment to Contractor for such act, event, or condition; and documentation sufficiently detailed to permit an informed analysis of the request by County. When the request for compensation relates to a delay, or other change in Contract Time, Contractor shall demonstrate the impact on the critical path, in accordance with section 8.53. Failure to provide such additional

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information and documentation within the time allowed or within the format required shall constitute a waiver of Contractor's right to an equitable adjustment. d. Pending final resolution of any request made in accordance with this Section, unless otherwise agreed in writing, Contractor shall proceed diligently with performance of the Work. e. Any requests by Contractor for an equitable adjustment in the Contract Amount and in the Contract Time that arise out of the same event(s) shall be submitted together. 3. The value of any Work covered by a Change Order, or of any request for an equitable adjustment in the Contract Amount, shall be determined by one of the following methods: a. On the basis of a fixed price as determined in section 8.52. b. By application of unit prices to the quantities of the items involved as determined in section 8.52. c. On the basis of time and material as determined in section 8.52. 4. When County has requested Contractor to submit a Change Order proposal, County may direct Contractor as to which method in section 8.52. above to use when submitting its proposal. Otherwise, Contractor shall determine the value of the Work, or of a request for an equitable adjustment, on the basis of the fixed price method. B. Change Order Pricing -- Fixed Price When the fixed price method is used to determine the value of any Work covered by a Change Order, or of a request for an equitable adjustment in the Contract Amount, the following procedures shall apply. 1. Contractor's Change Order proposal, or request for adjustment in the Contract Amount, shall be accompanied by a complete itemization of the costs, including labor, material, Subcontractor costs, and overhead and profit. The costs shall be itemized in the manner set forth below, and shall be submitted on breakdown sheets in a form approved by County. 2. All costs shall be calculated based upon appropriate industry standard methods of calculating labor, material quantities, and equipment costs. 3. If any of Contractor's pricing assumptions are contingent upon anticipated actions of County, Contractor shall clearly state them in the proposal or request for an equitable adjustment.

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4. The cost of any additive or deductive changes in the Work shall be calculated as set forth below, except that overhead and profit shall not be included on deductive changes in the Work. Where a change in the Work involves additive and deductive work by the same Contractor or Subcontractor, small tools, overhead, profit, bond and insurance markups shall apply to the net difference. 5. If the total cost of the change in the Work or request for equitable adjustment does not exceed $1,000, Contractor shall not be required to submit a breakdown if the description of the change in the Work or request for equitable adjustment is sufficiently definitive for County to determine fair value. 6. If the total cost of the change in the Work or request for equitable adjustment is between $1,000 and $2,500, Contractor may submit a breakdown in the following level of detail if the description of the change in the Work or if the request for equitable adjustment is sufficiently definitive to permit the County to determine fair value: a. lump sum labor; b. lump sum material; c. lump sum equipment usage; d. overhead and profit as set forth below; and e. insurance and bond costs as set forth below. 7. Any request for adjustment of Contract Amount based upon the fixed price method shall include only the following items. a. Craft labor costs: These are the labor costs determined by multiplying the estimated or actual additional number of craft hours needed to perform the change in the Work by the hourly labor costs. Craft hours should cover direct labor, as well as indirect labor due to trade inefficiencies. The hourly costs shall be based on the following: (1) Basic wages and benefits, hourly rates and benefits as stated on the Department of Labor and Industries approved "Statement of Intent to Pay Prevailing Wages". Direct supervision shall be a reasonable percentage not to exceed 15% of the cost of direct labor. No supervision markup shall be allowed for a working supervisor's hours. (2) Worker's insurance, direct contributions to the State of Washington for industrial insurance; medical aid; and supplemental pension, by the class and rates established by the Department of Labor and Industries.

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(3) Federal insurance, direct contributions required by the Federal Insurance Compensation Act; Federal Unemployment Tax Act; and the State Unemployment Compensation Act. (4) Travel allowance, travel allowance and/or subsistence, if applicable, not exceeding those allowances established by regional labor union agreements, which are itemized and identified separately. b. Material costs. This is an itemization of the quantity and cost of materials needed to perform the change in the Work. Material costs shall be developed first from actual known costs, second from supplier quotations or if these are not available, from standard industry pricing guides. Material costs shall consider all available discounts. Freight costs, express charges, or special delivery charges, shall be itemized. c. Equipment costs: This is an itemization of the type of equipment and the estimated or actual length of time the construction equipment appropriate for the Work is or will be used on the change in the Work. Costs will be allowed for construction equipment only if used solely for the changed Work, or for additional rental costs actually incurred by the Contractor. Equipment charges shall be computed on the basis of actual invoice costs. d. Allowance for small tools, expendables and consumable supplies, small tools consist of tools which cost $250 or less and are normally furnished by the performing Contractor. The maximum rate for small tools shall not exceed the following: (1) For Contractor, 3% of direct labor costs. (2) For Subcontractors, 5% of direct labor costs. e. Subcontractor and service costs, this is defined as payments Contractor makes to Subcontractors for changed Work performed by Subcontractors or purchased labor and services for changed Work performed by Subcontractor of any tier. The Subcontractors' cost of Work shall be calculated and itemized in the same manner as prescribed herein for Contractor. f. Allowance for profit: (1) For Contractor or Subcontractor of any tier for work performed by their forces, 6% of the cost; and, (2) For Contractor or Subcontractor of any tier for work performed by a Subcontractor of a lower tier, 4% of the Subcontractor cost. g. Allowance for impacts and overhead, this is defined as costs of any kind attributable to direct and indirect delay, acceleration, or impact, added to the total cost to

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County of any Change Order or any request for additional Work or extra payment of any kind on the project. This allowance shall compensate Contractor for all noncraft labor, temporary construction facilities, field engineering, schedule updating, as-built drawings, home office cost, B&O taxes, office engineering, estimating costs, additional overhead because of extended time, and any other cost incidental to the change in the Work. It shall be strictly limited in all cases to a reasonable amount, mutually acceptable, or if none can be agreed upon to an amount not to exceed the following rates below. h. Cost of change in insurance or bond premium shall be added after allowance for profit and overhead is calculated in accordance with section 8.52. (1) For projects where the Contract Amount is equal to or in excess of $1 million, the following shall apply: (a) For Contractor, for any Work actually performed by Contractor's own forces, 12% of the first $50,000 of the cost, and 4% of the remaining cost, if any. (b) For each Subcontractor (including lower tier Subcontractors), for any Work actually performed by its own forces, 12% of the first $50,000 of the cost, and 4% of the remaining cost, if any. (c) For Contractor, for any work performed by its Subcontractor(s), 4% of the first $50,000 of the amount due each Subcontractor, and 2% of the remaining amount if any. (d) For each Subcontractor, for any Work performed by its Subcontractor(s) of any lower tier, 4% of the first $50,000 of the amount due the Sub- subcontractor, and 2% of the remaining amount if any. (e) The cost to which overhead is to be applied shall be determined in accordance with section 8.52. (2) For projects where the Contract Amount is under $1 million the following shall apply: (a) For Contractor, for any Work actually performed by Contractor's own forces, 16% of the first $50,000 of the cost, and 6% of the remaining cost, if any. (b) For each Subcontractor (including lower tier Subcontractors), for any Work actually performed by its own forces, 16% of the first $50,000 of the cost,

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and 6% of the remaining cost, if any. (c) For Contractor, for any Work performed by its Subcontractor(s), 6% of the first $50,000 of the amount due each Subcontractor, and 4% of the remaining amount if any. (d) For each Subcontractor, for any Work performed by its Subcontractor(s) of any lower tier, 6% of the first $50,000 of the amount due the Sub-subcontractor, and 4% of the remaining amount if any. (e) The cost to which overhead is to be applied shall be determined in accordance with Section8.52. (f) Cost of change in insurance or bond premium: This is defined as: (1) Contractor's liability insurance, the cost of any changes in Contractor's liability insurance arising directly from execution of the Change Order; and, (2) Thurston County contract bond, the cost of the additional premium for Contractor's bond arising directly from the changed Work. C. Change Order Pricing -- Unit Prices Whenever County authorizes Contractor to perform Work on a unit- price basis, County's authorization shall clearly state: 1. Scope of work to be performed; 2. Type of reimbursement including pre-agreed rates for material quantities; and, 3. Cost limit of reimbursement. 4. Allowance for profit: (a) For Contractor or Subcontractor of any tier for work performed by their forces, 6% of the cost; and, (b) For Contractor or Subcontractor of any tier for work performed by a Subcontractor of a lower tier, 4% of the Subcontractor cost.

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5. Cost of change in insurance or bond premium shall be added after overhead and allowance for profit is calculated in accordance with Section 8.52 D. Change Order Pricing - Time and Materials Contractor shall submit costs in accordance with section 8.52 and additional verification supported by: 1. Labor detailed on daily time sheets; and, 2. Invoices for material. 3. Allowance for profit: (a) For Contractor or Subcontractor of any tier for work performed by their forces, 6% of the cost; and, (b) For Contractor or Subcontractor of any tier for work performed by a Subcontractor of a lower tier, 4% of the Subcontractor cost. 4. Cost of change in insurance or bond premium shall be added after overhead and allowance for profit is calculated in accordance with section 8.52. 8.53 CHANGE IN THE CONTRACT TIME A. The Contract Time shall be changed by a Change Order. Contractor shall include any request for a change in the Contract Time in its Change Order proposal. B. If the time of Contractor's performance is changed due to an act of Force Majeure, or due to the fault or negligence of County or anyone for whose acts County is responsible, Contractor shall be entitled to make a request for an equitable adjustment in the Contract Time in accordance with the following procedure. No adjustment in the Contract Time shall be allowed to the extent Contractor's changed time of performance is due to the fault or negligence of Contractor, or anyone for whose acts Contractor is responsible.

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1. A request for an equitable adjustment in the Contract Time shall be based on written notice delivered within seven (7) calendar days of the occurrence of the event giving rise to the request. If Contractor believes it is entitled to adjustment of Contract Time, Contractor shall immediately notify County and begin to keep and maintain complete, accurate, and specific daily records. Contractor shall give County access to any such record and if requested, shall promptly furnish copies of such record to County. 2. Contractor shall not be entitled to an adjustment in the Contract Time for any events that occurred more than 7 days before Contractor's written notice to County. The written notice shall set forth, at a minimum, a description of: the event giving rise to the request for an equitable adjustment in the Contract Time; the nature of the impacts to Contractor and its Subcontractors of any tier, if any; and to the extent possible the amount of the adjustment in Contract Time requested. Failure to properly give such written notice shall constitute a waiver of Contractor's right to an equitable adjustment. 3. Within thirty (30) days of the occurrence of the event giving rise to the request, unless County agrees in writing to allow an additional period of time to ascertain more accurate data, Contractor shall supplement the written notice provided in accordance with section 8.52 with additional supporting data. Such additional data shall include, at a minimum: the amount of delay claimed, itemized in accordance with the procedure set forth herein; specific facts, circumstances, and analysis that confirms not only that Contractor suffered the delay claimed, but that the delay claimed was actually a result of the act, event, or condition complained of, and that the Contract Documents provide entitlement to an equitable adjustment in Contract Time for such act, event, or condition; and supporting documentation sufficiently detailed to permit an informed analysis of the request by County. Failure to provide such additional information and documentation within the time allowed or within the format required shall constitute a waiver of Contractor's right to an equitable adjustment. 4. Pending final resolution of any request in accordance with this Section, unless otherwise agreed in writing, Contractor shall proceed diligently with performance of the Work. C. Any change in the Contract Time covered by a Change Order, or based on a request for an equitable adjustment in the Contract Time, shall be limited to the change in the critical path of Contractor's schedule attributable to the change of Work or event(s) giving rise to the request for equitable adjustment. Any Change Order proposal or request for an adjustment in the Contract Time shall demonstrate the impact on the critical path of the schedule. Contractor shall be responsible for showing clearly on the Progress Schedule that the change or event: had a specific impact on the critical path, and except in case of concurrent delay, was the sole cause of such impact; and could not have been avoided by resequencing of the Work or other reasonable alternatives. D. Contractor may request compensation for the cost of a change in Contract Time in accordance with this section 8.52, subject to the following conditions:

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1. The change in Contract Time shall solely be caused by the fault or negligence of County or Owner's Representative; 2. Compensation under this Section is limited to funds in excess of any that may have been paid pursuant to a change in the Contract Amount that contributed to this change in time; 3. Contractor shall follow the procedure set forth in section 8.52; 4. Contractor shall establish the extent of the change in Contract Time in accordance with section 8.52; and, 5. The daily cost of any change in Contract Time shall be limited: a. Cost of nonproductive field supervision or labor extended because of the delay; b. Cost of weekly meetings or similar indirect activities extended because of the delay; c. Cost of temporary facilities or equipment rental extended because of the delay; d. Cost of insurance extended because of the delay; e. General and administrative overhead in an amount to be agreed upon, but not to exceed 3% of Contract amount divided by the Contract Time for each day of the delay. This amount shall be the total paid for general and administrative overhead to the Contractor for Contractor and all affected Subcontractors. CLAIMS AND DISPUTE RESOLUTION 8.54 CLAIMS PROCEDURE A. Questions or claims regarding meaning and intent of this Contract or arising from this Contract, shall be referred by the Contractor in writing to the Owner's Representative or designee within ten (10) calendar days of the date in which the Contractor knows or should have known of the question or claim.

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B. If the Contractor disagrees with any determination or decision of the Owner's Representative, the Contractor shall, within fifteen (15) calendar days of the date of such determination or decision, appeal the determination or decision in writing to the Director of the Thurston County Department of Communications. Such written notice or appeal shall include all documents and other information necessary to substantiate the appeal. The Director shall review the appeal and transmit a decision in writing to the Contractor within thirty (30) calendar days from the date of receipt of the appeal. Failure of the Contractor to appeal the decision or determination of the Owner's Representative within said fifteen (15) calendar day period constitutes a waiver of the Contractor's right to thereafter assert any claim resulting from such determination or decision. Appeal to the Director shall be a condition precedent to litigation hereunder. C. Absent agreement to alternative dispute resolution, all claims counterclaims, disputes and other matters in question between the County and the Contractor that are not resolved between the Owner's Representative and the Contractor shall be decided in the Superior Court of Thurston County, Washington. D. Pending final decision of a dispute hereunder the Contractor shall proceed diligently with the performance of the Contract and in accordance with the direction of the Owner's Representative. Failure to comply with the time deadlines set out in this Section as to any claim shall operate as a release of that claim and a presumption of prejudice to the County. E. The claim shall be deemed to cover all changes in cost and time (including direct, indirect, impact, and consequential) to which Contractor may be entitled. It shall be fully substantiated and documented. At a minimum, the Claim shall contain the following information: 1. A detailed factual statement of the Claim for additional compensation and time, if any, providing all necessary dates, locations, and items of Work affected by the Claim; 2. The date on which facts arose which gave rise to the Claim; 3. The name of each employee of County or Owner's Representative knowledgeable about the Claim; 4. The specific provisions of the Contract Documents which support the Claim; 5. The identification of any documents and the substance of any oral communications that support the Claim; 6. Copies of any identified documents, other than the Contract Documents, that support the Claim;

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7. If an adjustment in the Contract Time is sought: the specific calendar days and dates for which it is sought; the specific reasons Contractor believes an extension in the Contract Time should be granted; and Contractor's analysis of its Progress Schedule to demonstrate the reason for the extension in Contract Time; 8. If an adjustment in the Contract Amount is sought, the exact amount sought and a breakdown of that amount into the categories set forth in, and in the detail required by, Section 8.52; and, 9. A statement certifying, under penalty of perjury, that the Claim is made in good faith, that the supporting cost and pricing data are true and accurate to the best of Contractor's knowledge and belief, that the Claim is fully supported by the accompanying data, and that the amount requested accurately reflects the adjustment in the Contract Amount or Contract Time for which Contractor believes County is liable. F. After Contractor has submitted a fully documented Claim that complies with all applicable provisions, County shall respond, in writing, to Contractor as follows: 1. If the Claim amount is less than $50,000, with a decision within 60 calendar days from the date the Claim is received; or 2. If the Claim amount is $50,000 or more, with a decision within 60 calendar days from the date the Claim is received, or with notice to Contractor of the date by which it shall render its decision. County will then respond with a written decision in such additional time. G. To assist in the review of Contractor's Claim, County may visit the Project site, or request additional information, in order to fully evaluate the issues raised by the Claim. Contractor shall proceed with performance of the Work pending final resolution of any Claim. County's written decision as set forth above shall be final and conclusive as to all matters set forth in the Claim. H. Any Claim of the Contractor against the County for damages, additional compensation, or additional time, shall be conclusively deemed to have been waived by the Contractor unless timely made in accordance with the requirements of this Section. 8.55 CLAIMS AUDITS A. All Claims filed against County shall be subject to audit at any time following the filing of the Claim. Failure of Contractor, or Subcontractors of any tier, to maintain and retain sufficient records to allow County to verify all or a portion of the Claim or to permit County access to the books and records of Contractor, or Subcontractors of any tier, shall constitute a waiver of the Claim and shall bar any recovery.

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B. In support of County audit of any Claim, Contractor shall, upon request, promptly make available to County the following documents: 1. Daily time sheets and supervisors daily reports; 2. Collective bargaining agreements; 3. Insurance, welfare, and benefits records; 4. Payroll registers; 5. Earnings records; 6. Payroll tax forms; 7. Material invoices, requisitions, and delivery confirmations; 8. Material cost distribution worksheet; 9. Equipment records (list of company equipment, rates, etc.); 10. Vendors', rental agencies', Subcontractors', and agents' invoices; 11. Contracts between Contractor and each of its Subcontractors, and all lower-tier Subcontractor contracts and supplier contracts; 12. Subcontractors' and agents' payment certificates; 13. Canceled checks (payroll and vendors); 14. Job cost report, including monthly totals; 15. Job payroll ledger; 16. Planned resource loading schedules and summaries; 17. General ledger; 18. Cash disbursements journal; 19. Financial statements for all years reflecting the operations on the Work. In addition, the County may require, if it deems it appropriate, additional financial statements for 3 years preceding execution of the Work; 20. Depreciation records on all company equipment whether these

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records are maintained by the company involved, its accountant, or others;

21. If a source other than depreciation records is used to develop costs for Contractor's internal purposes in establishing the actual cost of owning and operating equipment, all such other source documents; 22. All nonprivileged documents which relate to each and every Claim together with all documents which support the amount of any adjustment in Contract Amount or Contract Time sought by each Claim; 23. Work sheets or software used to prepare the Claim establishing the cost components for items of the Claim including but not limited to labor, benefits and insurance, materials, equipment, Subcontractors, all documents which establish the time periods, individuals involved, the hours for the individuals, and the rates for the individuals; and, 24. Work sheets, software, and all other documents used by Contractor to prepare its bid.

C. The audit may be performed by employees of County or a representative of County, Contractor, and its Subcontractors, shall provide adequate facilities acceptable to County for the audit during normal business hours. Contractor, and all Subcontractors, shall make a good faith effort to cooperate with County's auditors. TERMINATION OF THE WORK 8.56 TERMINATION BY COUNTY FOR CAUSE A. County may, upon ten (10) calendar days written notice by Certified Mail to Contractor and to its surety, terminate (without prejudice to any right or remedy of County) the Work, or any part of it, for cause upon the occurrence of any one or more of the following events: 1. Contractor fails to prosecute the Work or any portion thereof with sufficient diligence to ensure Substantial Completion of the Work within the Contract Time; 2. Contractor is adjudged bankrupt, makes a general assignment for the benefit of its creditors, or a receiver is appointed on account of its insolvency;

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3. Contractor fails in a material way to replace or correct Work not in conformance with the Contract Documents; 4. Contractor repeatedly fails to supply skilled workers or proper materials or equipment; 5. Contractor repeatedly fails to make prompt payment due to Subcontractors or for labor; 6. Contractor materially disregards or fails to comply with laws, ordinances, rules, regulations, or orders of any public authority having jurisdiction; 7. Contractor is otherwise in material breach of any provision of the Contract Documents; or 8. Funding for this project is withdrawn, reduced or limited in any way after the effective date of this Contract. Termination under this Section shall be effective upon the date specified in the written notice of termination sent by the County to the Contractor. After the effective date, no charges incurred under this Contract are allowable. B. Upon termination, County may at its option: 1. Take possession of the Project site and take possession of or use all materials, equipment, tools, and construction equipment and machinery thereon owned by Contractor to maintain the orderly progress of, and to finish, the Work; 2. Accept assignment of subcontracts pursuant to contract. 3. Finish the Work by whatever other reasonable method it deems expedient. C. County's rights and duties upon termination are subject to the prior rights and duties of the surety, if any, obligated under any bond provided in accordance with the Contract Documents. D. When County terminates the Work in accordance with this Section, Contractor shall take the actions set forth in section 8.57, and shall not be entitled to receive further payment until the Work is accepted. E. If the unpaid balance of the Contract Amount exceeds the cost of finishing the Work, any other extra costs or damages incurred by County in completing the Work, or

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as a result of Contractor's actions, such excess shall be paid to Contractor. If such costs exceed the unpaid balance, Contractor shall pay the difference to County. These obligations for payment shall survive termination. F. Termination of the Work in accordance with this Section shall not relieve Contractor or its surety of any responsibilities for Work performed. G. If County terminates Contractor for cause, and it is later determined that none of the circumstances set forth in section 8.56 exist, then such termination shall be deemed a termination for convenience pursuant to section 8.57. 8.57 TERMINATION BY COUNTY FOR CONVENIENCE A. County may, upon written notice, terminate (without prejudice to any right or remedy of County) the Work, or any part of it, for the convenience of County. B. Unless County directs otherwise, after receipt of a written notice of termination for either cause or convenience, Contractor shall promptly: 1. Stop performing Work on the date and as specified in the notice of termination; 2. Place no further orders or subcontracts for materials, equipment, services or facilities, except as may be necessary for completion of such portion of the Work as is not terminated; 3. Cancel all orders and subcontracts, upon terms acceptable to County, to the extent that they relate to the performance of Work terminated; 4. Assign to County all of the right, title, and interest of Contractor in all orders and subcontracts; 5. Take such action as may be necessary or as directed by County to preserve and protect the Work, Project site, and any other property related to this Project in the possession of Contractor in which County has an interest; and, 6. Continue performance only to the extent not terminated. C. If County terminates the Work or any portion thereof for convenience, Contractor shall be entitled to make a request for an equitable adjustment for its reasonable direct costs incurred prior to the effective date of the termination, plus a reasonable allowance

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for overhead and profit on Work performed prior to termination, plus the reasonable administrative costs of the termination, but shall not be entitled to any other costs or damages, whatsoever, provided however, the total sum payable upon termination shall not exceed the Contract Amount reduced by prior payments. Contractor shall be required to make its request in accordance with the provisions of section 8.51 through 8.53. D. If County terminates the Work or any portion thereof for convenience, the Contract Time shall be adjusted as determined by County. MISCELLANEOUS PROVISIONS 8.58 MEANING OF WORDS Unless otherwise stated in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. Reference to standard specifications, manuals, or codes of any technical society, organization, or association, or to the code of any governmental authority, whether such reference be specific or by implication, shall be to the latest standard specification, manual, or code in effect on the date for submission of Contract, except as may be otherwise specifically stated. Wherever in these Drawings and Specifications an article, device, or piece of equipment is referred to in the singular manner, such reference shall apply to as many such articles as are shown on the drawings, or required to complete the installation. 8.59 RIGHTS AND REMEDIES No action or failure to act by County or Owner's Representative shall constitute a waiver of a right or duty afforded them under the Contract Documents, nor shall such action or failure to act constitute approval of an acquiescence in a breach therein, except as may be specifically agreed in writing. 8.60 CONTRACTOR REGISTRATION Pursuant to RCW 39.06, Contractor shall be registered or licensed as required by the laws of the State of Washington, including but not limited to RCW 18.27. 8.61 TIME COMPUTATIONS When computing any period of time, the day of the event from which the period of time begins shall not be counted. The last day is counted unless it falls on a weekend or legal holiday, in which event the period runs until the end of the next day that is not a weekend or holiday. When the period of time allowed is less than 7 days, intermediate Saturdays, Sundays, and legal holidays are excluded from the computation. 8.62 RECORDS RETENTION

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The wage, payroll, and cost records of Contractor, and its Subcontractors, and all records subject to audit in accordance with sections 8.54 and 8.55, shall be retained for a period of not less than six (6) years after the date of Final Acceptance. 8.63 THIRD-PARTY AGREEMENTS The Contract Documents shall not be construed to create a contractual relationship of any kind between County and any Subcontractor; or any persons other than County and Contractor. 8.64 ANTITRUST ASSIGNMENT County and Contractor recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the purchaser. Therefore, Contractor hereby assigns to County any and all claims for such overcharges as to goods, materials, and equipment purchased in connection with the Work performed in accordance with the Contract Documents, except as to overcharges which result from antitrust violations commencing after the Contract Amount is established and which are not passed on to County under a Change Order. The provision in this Section shall survive the expiration or termination of this Contract. 8.65 COUNTY'S ACCESS TO WORK The County or Owner's Representative shall have ready access to the jobsite and other locations where the Contractor and its Subcontractors and suppliers are providing work under this Contract and shall be accorded the opportunity to observe any portion of the work as they may desire to determine for its own purposes that the work is proceeding on schedule and in conformance with the Contract Documents. 8.66 INDEPENDENT CONTRACTOR In the performance of this Contract, the County and Contractor will be acting in their individual, corporate or governmental capacities and not as agents, employees, partners, joint ventures, or associates of one another. The County and Contractor intend that an independent contractor relationship will be created by this Contract. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purpose whatsoever. The Contractor shall have and maintain complete responsibility and control over all of its subcontractors, employees, agents, and representatives. No subcontractor, employee, agent or representative of the Contractor shall be or deem to be or act or purport to act as an employee, agent or representative of the County. 8.67 COMPLIANCE WITH LAWS

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The Contractor shall comply with all applicable federal, state and local laws, rules and regulations in performing this Contract. 8.68 ENTIRE AGREEMENT The parties agree that this contract is the complete expression of its terms and conditions. Any oral or written representations or understandings not incorporated in this Contract are specifically excluded. 8.69 SEVERABILITY If any term or condition of this Contract or the application thereof is held invalid, such invalidity shall not affect other terms, conditions, or applications, which can be given effect without the invalid terms, condition, or application; to this end, the terms and conditions of this Contract are declared severable. 8.70 GOVERNING LAW, JURISDICTION, AND VENUE This contract has been and shall be construed as having been made and delivered within the State of Washington and it is agreed by each party hereto that this contract shall be governed by the laws of the State of Washington, both as to its interpretation and performance. Any action aw law, suit in equity, or judicial proceeding arising out of this Contract shall be instituted and maintained only in any of the courts of competent jurisdiction in Thurston County, Washington. 8.71 CONTRACT EXECUTION The signatories to this Contract represent that they have the authority to bind their respective organizations to this Contract. 8.72 COUNTERPARTS This Contract may be executed in counterparts or in duplicate originals. Each counterpart or each duplicate shall be deemed an original copy of this Contract signed by each party, for all purposes. 8.73 SURVIVORSHIP The terms, conditions and warranties contained in this Contract that, by their sense and context, are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive.

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The parties hereto acknowledge that the waiver of immunity set out in Section 8.41 was mutually negotiated and specifically agreed to by the parties herein.

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9.0 REQUIRED FORMS

ATTACHMENTS A. Signature Affidavit B. Vendor Data Sheet C. Reference Data Sheet D. Cost Summary Page

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RFP# 09-0201

ATTACHMENT A

SIGNATURE AFFIDAVIT

In signing this proposal, we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a proposal; that this proposal has been independently arrived at without collusion with any other proposer competitor or potential competitor; that this proposal has not been knowingly disclosed prior to the opening of proposals to any other proposer or competitor; that the above statement is accurate under penalty of perjury.

The undersigned, submitting this proposal, hereby agrees with all the terms, conditions, and specifications required by the County in this Request for Bid, and declares that the attached proposal and pricing are in conformity therewith.

Name (Type or Print) Title

Signature Firm

Address: (Street, City , State, Zip Code)

Telephone Fax E-Mail

Date

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RFP# 09-0201

ATTACHMENT B

VENDOR DATA SHEET

1. Proposing Company Name

Name: _______________________________________________________________________

Telephone:__________________________ Toll Free :___________________________________

Address:_____________________________________________________________________

City:_________________________ State:___________________ Zip + Four:_________________

2. Contact Person in the event there are questions about your proposal

Name: _______________________________________________________________________

Title: _______________________________________________________________________

Telephone:__________________________ Toll Free :___________________________________

Address:_____________________________________________________________________

City:_________________________ State:___________________ Zip + Four:_________________

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RFP# 09-0201

ATTACHMENT C

REFERENCE DATA SHEET

FOR VENDOR: Provide company name, address, contact person, telephone number, and appropriate information on the product(s) and/or service(s) used for three (3) or more installations/services with requirements similar to those included in this solicitation document. If vendor is proposing any arrangement involving a third party, the named references should also be involved in a similar arrangement. Company Name: ____________________________________________________________________ Address:___________________________________________________________________________ Telephone:___________________________Contact Person__________________________________ Product(s) and/or Service(s) used: _______________________________________________________ __________________________________________________________________________________

Company Name: ____________________________________________________________________ Address:___________________________________________________________________________ Telephone:___________________________Contact Person__________________________________ Product(s) and/or Service(s) used: _______________________________________________________ __________________________________________________________________________________ Company Name: ____________________________________________________________________ Address:___________________________________________________________________________ Telephone:___________________________Contact Person__________________________________ Product(s) and/or Service(s) used: _______________________________________________________ __________________________________________________________________________________

93

Item # RFP ref. Description Unit Cost Each Cost Total vendor use A vendor use B

Design and Management Services:1 2.1.1.1 Example: Management of Project Plan including: Hours $ xx.xx $

a. Item 2.1.1.2 Project Updatesb. Item 2.1.13 Final Report and Presentation; including 1. Vendor specified providesetc.

Simulcast Replacement System:2 Example: Radio transceiver, model, description EA $ x,xxx.xx $3 Example: Installation of equipment type x unit $ x,xxx.xx

Wideband Equipment Replacement4 Ex 4, ln 43 Example: Receiver narrowband voter capable…. EA $x,xxx.xx $

SUBTOTAL:TAX:SHIPPING:OTHER:TOTAL

NOTES: ExampleA. Equipment item 4 is fully compliant with the specifications set forth in RFP 09-0201, section 2.1.13, etc.

RFP 09-0201 PUBLIC SAFETY RADIO SYSTEMS SIMULCAST REPLACEMENT AND NARROWBAND INFRASTRUCTURE SYSTEMS UPGRADE ATTACHMENT 'D'SYSTEMS COST SHEET TEMPLATE

Company:Address:Phone: email:Prepared by:Date:

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EXHIBIT 1

Sample Thurston County Contract For Services

95

Exhibit 1: SAMPLE CONTRACT:

PROFESSIONAL SERVICES CONTRACT

THURSTON COUNTY/__________________________.

THIS CONTRACT is entered into in duplicate originals between THURSTON COUNTY, a municipal corporation, with its principal offices at 2000 Lakeridge Drive S.W., Olympia, Washington 98502, hereinafter “COUNTY,” and ____________________, with its principal offices at ______________________________________________, hereinafter “CONTRACTOR.”

In consideration of the mutual benefits and covenants contained herein, the parties agree as follows:

1. DURATION OF CONTRACT

The term of this Contract shall begin on the date last executed below, and shall terminate on ________________.

2. SERVICES PROVIDED BY THE CONTRACTOR

The CONTRACTOR represents that it is qualified and possesses the necessary expertise, knowledge, training, and skills, and has the necessary licenses and/or certification to perform the services set forth in this Contract.

The CONTRACTOR shall perform the following services:

___________________________________________________________________

a. A detailed description of the services to be performed by the CONTRACTOR is set forth in Exhibit A, which is attached hereto and incorporated herein by reference.

b. The CONTRACTOR agrees to provide its own labor and materials. Unless otherwise provided for in the Contract, no material, labor, or facilities will be furnished by the COUNTY.

c. The CONTRACTOR shall perform according to standard industry practice of the work specified by this Contract.

d. The CONTRACTOR shall complete its work in a timely manner and in accordance with the schedule agreed to by the parties.

e. The CONTRACTOR shall, from time to time, during the progress of the work, confer with the COUNTY. At the COUNTY’S request, the CONTRACTOR shall prepare and present status reports on its work.

3. SERVICES PROVIDED BY THE COUNTY

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In order to assist the CONTRACTOR in fulfilling its duties under this Contract, the COUNTY shall provide the following:

a. Relevant information as exists to assist the CONTRACTOR with the performance of the CONTRACTOR’S services.

b. Coordination with other County Departments or other Consultants as necessary for the performance of the CONTRACTOR’S services.

c. Services documents, or other information identified in Exhibit A.

4. CONTRACT REPRESENTATIVES

Each party to this Contract shall have a contract representative. Each party may change its representative upon providing written notice to the other party. The parties’ representatives are as follows:

a. For CONTRACTOR:

Name of Representative: ___________________________

Title: _____________________________

Mailing Address: ____________________________________

City, State and Zip Code: _____________________________

Telephone Number: __________________________________

Fax Number: _______________________

E-mail Address: _____________________

b. For COUNTY:

Name of Representative: ___________________________

Title: ___________________________

Mailing Address: ____________________________________

City, State and Zip Code: _____________________________

Telephone Number: __________________________________

Fax Number: _______________________

E-mail Address: _____________________

5. COMPENSATION

a. For the services performed hereunder, the CONTRACTOR shall be paid based upon mutually agreed rates contained in Exhibit B, which is attached hereto and incorporated herein by reference. The maximum total amount payable by the COUNTY to the CONTRACTOR under this Contract shall not exceed $______________.

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b. No payment shall be made for any work performed by the CONTRACTOR, except for work identified and set forth in this Contract or supporting exhibits or attachments incorporated by reference into this Contract.

c. The CONTRACTOR may, in accordance with Exhibit B, submit invoices to the COUNTY not more often than once per month during the progress of the work for partial payment of work completed to date. Invoices shall cover the time CONTRACTOR performed work for the COUNTY during the billing period. The COUNTY shall pay the CONTRACTOR for services rendered in the month following the actual delivery of the work and will remit payment within thirty (30) days from the date of receipt of billing.

d. The CONTRACTOR shall not be paid for services rendered under the CONTRACT unless and until they have been performed to the satisfaction of the COUNTY.

e. In the event the CONTRACTOR has failed to perform any substantial obligation to be performed by the CONTRACTOR under this Contract and such failure has not been cured within ten (10) days following notice from the COUNTY, then the COUNTY may, in its sole discretion, upon written notice to the CONTRACTOR, withhold any and all monies due and payable to the CONTRACTOR, without penalty until such failure to perform is cured or otherwise adjudicated. “Substantial” for purposes of this Contract means faithfully fulfilling the terms of the contract with variances only for technical or minor omissions or defects.

f. Unless otherwise provided for in this Contract or any exhibits or attachments hereto, the CONTRACTOR will not be paid for any billings or invoices presented for payment prior to the execution of the Contract or after its termination.

6. AMENDMENTS AND CHANGES IN WORK

a. In the event of any errors or omissions by the CONTRACTOR in the performance of any work required under this Contract, the CONTRACTOR shall make any and all necessary corrections without additional compensation. All work submitted by the CONTRACTOR shall be certified by the CONTRACTOR and checked for errors and omissions. The CONTRACTOR shall be responsible for the accuracy of the work, even if the work is accepted by the COUNTY.

b. No amendment, modification or renewal shall be made to this Contract unless set forth in a written Contract Amendment, signed by both parties and attached to this Contract. Work under a Contract Amendment shall not proceed until the Contract Amendment is duly executed by the COUNTY.

7. HOLD HARMLESS AND INDEMNIFICATION

a. The CONTRACTOR shall hold harmless, indemnify and defend the COUNTY, its officers, officials, employees and agents, from and against any and all claims, actions, suits, liability, losses, expenses, damages, and judgments of any nature whatsoever, including costs and attorneys fees in defense thereof, for injury, sickness, disability or death to persons or damage to property or business, caused by or arising out of the CONTRACTOR’S acts, errors or omissions or the acts, errors or omissions of its employees, agents, subcontractors or anyone for whose acts any of them may be liable, in the performance of this Contract. Claims shall include, but not be limited to, assertions that information supplied or used by the CONTRACTOR or subcontractor infringes any patent, copyright, trademark, trade name, or

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otherwise results in an unfair trade practice. PROVIDED HOWEVER, that the CONTRACTOR’S obligations hereunder shall not extend to injury, sickness, death or damage caused by or arising out of the sole negligence of the COUNTY, its officers, officials, employees or agents. PROVIDED FURTHER, that in the event of the concurrent negligence of the parties, the CONTRACTOR’S obligations hereunder shall apply only to the percentage of fault attributable to the CONTRACTOR, its employees, agents or subcontractors.

b. In any and all claims against the COUNTY, its officers, officials, employees and agents by any employee of the CONTRACTOR, subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under this Section shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the CONTRACTOR or subcontractor under Worker’s Compensation acts, disability benefits acts, or other employee benefits acts, it being clearly agreed and understood by the parties hereto that the CONTRACTOR expressly waives any immunity the CONTRACTOR might have had under Title 51 RCW. By executing the Contract, the CONTRACTOR acknowledges that the foregoing waiver has been mutually negotiated by the parties and that the provisions of this Section shall be incorporated, as relevant, into any contract the CONTRACTOR makes with any subcontractor or agent performing work hereunder.

c. The CONTRACTOR’S obligations hereunder shall include, but are not limited to, investigating, adjusting and defending all claims alleging loss from action, error or omission, or breach of any common law, statutory or other delegated duty by the CONTRACTOR, the CONTRACTOR’S employees, agents or subcontractors.

8. INSURANCE

a. Professional Legal Liability: The CONTRACTOR, if he is a licensed professional, shall maintain Professional Legal Liability or Professional Errors and Omissions coverage appropriate to the CONTRACTOR’S profession and shall be written subject to limits of not less than $___________ per loss.

The coverage shall apply to liability for a professional error, act or omission arising out of the scope of the CONTRACTOR’S services defined in this Contract. Coverage shall not exclude bodily injury or property damage. Coverage shall not exclude hazards related to the work rendered as part of the Contract or within the scope of the CONTRACTOR’S services as defined by this Contract including testing, monitoring, measuring operations, or laboratory analysis where such services are rendered as part of the Contract.

b. Workers’ Compensation (Industrial Insurance): The CONTRACTOR shall maintain workers’ compensation insurance as required by Title 51 RCW, and shall provide evidence of coverage to the Thurston County Risk Management Division.

The CONTRACTOR shall send to Thurston County at the end of each quarter written verification that premium has been paid to the Washington State Department of Labor and Industries for Industrial Insurance coverage. Alternatively, the CONTRACTOR shall provide certification of approval by the Washington State Department of Labor and Industries if self-insured for Workers Compensation.

c. Commercial General Liability: The CONTRACTOR shall maintain Commercial General Liability coverage for bodily injury, personal injury and property damage, subject to

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99

limits of not less than $___________ per loss. The general aggregate limit shall apply separately to this Contract and be no less than $___________.

i. The CONTRACTOR shall provide Commercial General Liability coverage which does not exclude any activity to be performed in fulfillment of this Contract. Specialized forms specific to the industry of the CONTRACTOR will be deemed equivalent provided coverage is no more restrictive than would be provided under a standard Commercial General Liability policy, including contractual liability coverage.

ii. The CONTRACTOR’S Commercial General Liability insurance shall include the COUNTY, its officers, officials, employees and agents with respect to performance of services, and shall contain no special limitations on the scope of protection afforded to the COUNTY as additional insured.

iii. The CONTRACTOR shall furnish the COUNTY with evidence that the additional insured provision required above has been met. An acceptable form of evidence is the endorsement pages of the policy showing the COUNTY as an additional insured.

iv. If the CONTRACTOR’S liability coverage is written as a claims made policy, then the CONTRACTOR must evidence the purchase of an extended reporting period or “tail” coverage for a three-year period after project completion, or otherwise maintain the coverage for the three-year period.

v. If the Contract is over $50,000 then the CONTRACTOR shall also maintain Employers Liability Coverage with a limit of not less than $1 million.

d. Automobile Liability: The CONTRACTOR shall maintain Business Automobile Liability insurance with a limit of not less than $_______________ each accident combined Bodily Injury and Property Damages. Coverage shall include owned, hired and non-owned automobiles.

e. Other Insurance Provisions:

i. The CONTRACTOR’S liability insurance provisions shall be primary with respect to any insurance or self-insurance programs covering the COUNTY, its elected and appointed officers, officials, employees and agents.

ii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the COUNTY, its officers, officials, employees or agents.

iii. The CONTRACTOR’S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

iv. The CONTRACTOR shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

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v. The insurance limits mandated for any insurance coverage required by this Contract are not intended to be an indication of exposure nor are they limitations on indemnification.

vi. The CONTRACTOR shall maintain all required policies in force from the time services commence until services are completed. Certificates, policies, and endorsements expiring before completion of services shall be promptly replaced.

f. Verification of Coverage and Acceptability of Insurers: The CONTRACTOR shall place insurance with insurers licensed to do business in the State of Washington and having A.M. Best Company ratings of no less than A-, with the exception that excess and umbrella coverage used to meet the requirements for limits of liability or gaps in coverage need not be placed with insurers or re-insurers licensed in the State of Washington.

i. Certificates of Insurance shall show the Certificate Holder as Thurston County and include c/o of the Office or Department issuing the Contract. The address of the Certificate Holder shall be shown as the current address of the Office or Department.

ii. Written notice of cancellation or change shall be mailed to the COUNTY at the following address:

Attn: Risk Analyst Human Resources 2000 Lakeridge Drive S.W. Olympia, Washington 98502

iii. The CONTRACTOR shall furnish the COUNTY with properly executed certificated of insurance or a signed policy endorsement which shall clearly evidence all insurance required in this section prior to commencement of services. The certificate will, at a minimum, list limits of liability and coverage. The certificate will provide that the underlying insurance contract will not be canceled or allowed to expire except on thirty (30) days prior written notice to the COUNTY.

iv. The CONTRACTOR or its broker shall provide a copy of any and all

insurance policies specified in this Contract upon request of the Thurston County Risk Management Division.

9. TERMINATION

a. The COUNTY may terminate this Contract for convenience in whole or in part whenever the COUNTY determines, in its sole discretion, that such termination is in the best interests of the COUNTY. The COUNTY may terminate this Contract upon giving ten (10) days written notice by Certified Mail to the CONTRACTOR. In that event, the COUNTY shall pay the CONTRACTOR for all costs incurred by the CONTRACTOR in performing the Contract up to the date of such notice. Payment shall be made in accordance with Section 5 of this Contract.

b. In the event that funding for this project is withdrawn, reduced or limited in any way after the effective date of this Contract, the COUNTY may summarily terminate this Contract notwithstanding any other termination provision of the Contract. Termination under this

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paragraph shall be effective upon the date specified in the written notice of termination sent by the COUNTY to the CONTRACTOR. After the effective date, no charges incurred under this Contract are allowable.

c. If the CONTRACTOR breaches any of its obligations hereunder, and fails to cure the breach within ten (10) days of written notice to do so by the COUNTY, the COUNTY may terminate this Contract, in which case the COUNTY shall pay the CONTRACTOR only for the costs of services accepted by the COUNTY, in accordance with Section 5 of this Contract. Upon such termination, the COUNTY, at its discretion, may obtain performance of the work elsewhere, and the CONTRACTOR shall bear all costs and expenses incurred by the COUNTY in completing the work and all damage sustained by the COUNTY by reason of the CONTRACTOR’S breach. If, subsequent to termination, it is determined for any reason that (1) the CONTRACTOR was not in default, or (2) the CONTRACTOR’S failure to perform was not its fault or its subcontractor’s fault or negligence, the termination shall be deemed to be a termination under subsection a of this section.

10. ASSIGNMENT, DELEGATION, AND SUBCONTRACTING

a. The CONTRACTOR shall perform the terms of the Contract using only its bona fide employees or agents who have the qualifications to perform under this Contract. The obligations and duties of the CONTRACTOR under this Contract shall not be assigned, delegated, or subcontracted to any other person or firm without the prior express written consent of the COUNTY.

b. The CONTRACTOR warrants that it has not paid nor has it agreed to pay any company, person, partnership, or firm, other than a bona fide employee working exclusively for CONTRACTOR, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Contract.

11. NON-WAIVER OF RIGHTS

The parties agree that the excuse or forgiveness of performance, or waiver of any provision(s) of this Contract does not constitute a waiver of such provision(s) or future performance, or prejudice the right of the waiving party to enforce any of the provisions of this Contract at a later time.

12. INDEPENDENT CONTRACTOR

a. The CONTRACTOR’S services shall be furnished by the CONTRACTOR as an Independent Contractor and not as an agent, employee or servant of the COUNTY. The CONTRACTOR specifically has the right to direct and control CONTRACTOR’S own activities in providing the agreed services in accordance with the specifications set out in this Contract.

b. The CONTRACTOR acknowledges that the entire compensation for this Contract is set forth in Section 5 of this Contract, and the CONTRACTOR is not entitled to any County benefits, including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, fringe benefits, or any other rights or privileges afforded to Thurston County employees.

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c. The CONTRACTOR shall have and maintain complete responsibility and control over all of its subcontractors, employees, agents, and representatives. No subcontractor, employee, agent or representative of the CONTRACTOR shall be or deem to be or act or purport to act as an employee, agent or representative of the COUNTY.

d. The CONTRACTOR shall assume full responsibility for the payment of all payroll taxes, use, sales, income or other form of taxes, fees, licenses, excises, or payments required by any city, county, federal or state legislation which is now or may during the term of this Contract be enacted as to all persons employed by the CONTRACTOR and as to all duties, activities and requirements by the CONTRACTOR in performance of the work on this project and under this Contract and shall assume exclusive liability therefore, and meet all requirements thereunder pursuant to any rules or regulations.

e. The CONTRACTOR agrees to immediately remove any of its employees or agents from assignment to perform services under this Contract upon receipt of a written request to do so from the COUNTY’S contract representative or designee.

13. COMPLIANCE WITH LAWS

The CONTRACTOR shall comply with all applicable federal, state and local laws, rules and regulations in performing this Contract.

14. INSPECTION OF BOOKS AND RECORDS

The COUNTY may, at reasonable times, inspect the books and records of the CONTRACTOR relating to the performance of this Contract. The CONTRACTOR shall keep all records required by this Contract for six (6) years after termination of this Contract for audit purposes.

15. NONDISCRIMINATION

The CONTRACTOR, its assignees, delegatees or subcontractors shall not discriminate against any person in the performance of any of its obligations hereunder on the basis of race, color, creed, ethnicity, religion, national origin, age, sex, marital status, veteran status, sexual orientation or the presence of any disability. Implementation of this provision shall be consistent with RCW 49.60.400.

16. OWNERSHIP OF MATERIALS/WORK PRODUCED

a. Material produced in the performance of the work under this Contract shall be “works for hire” as defined by the U.S. Copyright Act of 1976 and shall be owned by the COUNTY. This material includes, but is not limited to, books, computer programs, plans, specifications, documents, films, pamphlets, reports, sound reproductions, studies, surveys, tapes, and/or training materials. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. The COUNTY agrees that if it uses any materials prepared by the CONTRACTOR for purposes other than those intended by this Contract, it does so at its sole risk and it agrees to hold the CONTRACTOR harmless therefore to the extent such use is agreed to in writing by the CONTRACTOR.

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b. An electronic copy of all or a portion of material produced shall be submitted to the

COUNTY upon request or at the end of the job using the word processing program and version specified by the COUNTY.

17. DISPUTES

Differences between the CONTRACTOR and the COUNTY, arising under and by virtue of this Contract, shall be brought to the attention of the COUNTY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Any dispute relating to the quality or acceptability of performance and/or compensation due the CONTRACTOR shall be decided by the COUNTY’S Contract representative or designee. All rulings, orders, instructions and decisions of the COUNTY’S contract representative shall be final and conclusive, subject to the CONTRACTOR’S right to seek judicial relief pursuant to Section 18.

18. CHOICE OF LAW, JURISDICTION AND VENUE

a. This Contract has been and shall be construed as having been made and delivered within the State of Washington, and it is agreed by each party hereto that this Contract shall be governed by the laws of the State of Washington, both as to its interpretation and performance.

b. Any action at law, suit in equity, or judicial proceeding arising out of this Contract shall be instituted and maintained only in any of the courts of competent jurisdiction in Thurston County, Washington.

19. SEVERABILITY

a. If a court of competent jurisdiction holds any part, term or provision of this Contract to be 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 Contract did not contain the particular provision held to be invalid.

b. If any provision of this Contract is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision.

c. Should the COUNTY determine that the severed portions substantially alter this Contract so that the original intent and purpose of the Contract no longer exists, the COUNTY may, in its sole discretion, terminate this Contract.

20. ENTIRE AGREEMENT

The parties agree that this Contract is the complete expression of its terms and conditions. Any oral or written representations or understandings not incorporated in this Contract are specifically excluded.

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21. NOTICES

Any notices shall be effective if personally served upon the other party or if mailed by

registered or certified mail, return receipt requested, to the addresses set out in Section 4. Notice may also be given by facsimile with the original to follow by regular mail. Notice shall be deemed to be given three days following the date of mailing or immediately if personally served. For service by facsimile, service shall be effective upon receipt during working hours. If a facsimile is sent after working hours, it shall be effective at the beginning of the next working day. The parties hereto acknowledge that the waiver of immunity set out in Section 7.b. was mutually negotiated and specifically agreed to by the parties herein. CONTRACTOR: Thurston County, Washington

Firm: _______________________________ By: ________________________________ By: _________________________________ Title: ____________________________ Signature: ___________________________ (Authorized Representative) Date _______________________________ Date _______________________________ Title: _______________________________ Address: ____________________________

____________________________

Approved as to Form by the Prosecuting Attorney’s Office Reviewed 1/5/05

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EXHIBIT 2

Map of Thurston County Denoting Public Safety Radio Systems and Radio Site Locations

106

107

taylord

Typewritten Text

EXHIBIT 2

taylord

Typewritten Text

EXHIBIT 3

Listing of Equipment to be Replaced for Narrow-Band Compliance. Receiver Voter Networks

108

CAPCOM RADIO SPECIFIC INVENTORY SPECIFIC TO NARROW BAND REQUIREMENTS

NMBR

RCVR ONLY

NRW BAND MODULATION

SYNTH/PROG OR XTAL MAKE TYPE AND MODEL SERIAL NUMBER USE/NAME

FREQUENCYFREQUENCY RX

IF DIFFERENTCTCSS

LOCATION

1 NO PROG TAIT T800II FIRE 1 SIMULCAST 154.430 MHZ 88.5 HZ E.S.C

2 NO PROG TAIT T800II FIRE 1 SIMULCAST 154.430 MHZ 88.5 HZ KAMILCHE RIDGE

3 NO PROG TAIT T800II FIRE 1 SIMULCAST 154.430 MHZ 88.5 HZ CRAWFORD

4 NO PROG TAIT T800II FIRE 1 SIMULCAST 154.430 MHZ 88.5 HZ ROCHESTER

5 NO PROG TAIT T800II FIRE 1 SIMULCAST 154.430 MHZ 88.5 HZ BALD HILL

6 NO PROG TAIT T800II FIRE 5 SIMULCAST 154.010 MHZ 88.5 HZ E.S.C

7 NO PROG TAIT T800II FIRE 5 SIMULCAST 154.010 MHZ 88.5 HZ KAMILCHE RIDGE


9 NO PROG TAIT T800II FIRE 5 SIMULCAST 154.010 MHZ 88.5 HZ BALD HILL

10 NO PROG TAIT T800II FIRE 6 SIMULCAST 154.175 MHZ 88.5 HZ ROCHESTER


12 NO PROG TAIT T800II FIRE 6 SIMULCAST 154.175 MHZ 88.5 HZ ST PETER HOSPITAL

13 NO PROG TAIT T800II TAIT SPARE A E.S.C

14 NO PROG TAIT T800II TAIT SPARE B E.S.C

1 NO PROG TAIT T800II WESTNET RIC BKUP 159.135 MHZ 88.5 HZ E.S.C

2 NO PROG TAIT T800II TRAINING CHANNEL 155.310 MHZ 88.5 HZ E.S.C

3 NO PROG TAIT T800II TAC 3 BASE 155.010 MHZ 88.5 HZ E.S.C

4 NO CRYSTAL MOTOROLA MSR2000 482CMY0199 FIRE 3 TUMWATER MAIN 153.800 MHZ 88.5 HZ E.S.C

5 NO CRYSTAL MOTOROLA MSR2000 482CPQ-0225 TACOMA LIGHT ALDER DAM 158.250 MHZ 162.2 HZ E.S.C

6 NO CRYSTAL MOTOROLA MSR2000 482CQC0109 TAC 2 BACKUP 156.150 MHZ 155.070 MHZ 88.5 HZ E.S.C

7 X NO CRYSTAL MOTOROLA MSR2000 UNKNOWN TAC 1 RECEIVER N/A 154.830 MHZ 88.5 HZ NISQUALLY PD

8 NO CRYSTAL MOTOROLA MSR2000 482CKQ-0102 DATA BACKUP 154.875 MHZ 155.985 MHZ 88.5 HZ E.S.C

9 NO CRYSTAL MOTOROLA MSR2000 482CNY0143 TAC 9 BACKUP 158.8575 MHZ 155.9175 MHZ 107.2 HZ E.S.C

10 NO CRYSTAL MOTOROLA MSR2000 482CJE-1131 EM CHANNEL REPEATER 155.145 MHZ 155.805 MHZ 186.2 HZ E.S.C

11 NO CRYSTAL MOTOROLA MSR2000 482CKO-0068 FIRE 2 OLYMPIA BACKUP 154.370 MHZ 88.5 HZ T.C. COURTHOUSE

12 X NO CRYSTAL MOTOROLA MSR2000 RECOVERED RCVR FIRE 5 RPTR RCVR N/A 150.775 MHZ 88.5 HZ BALD HILL

13 X NO CRYSTAL MOTOROLA MSR2000 RECOVERED RCVR TAC 1 COVERAGE RCVR N/A 154.830 MHZ 88.5 HZ BALD HILL

14 X NO CRYSTAL MOTOROLA MSR2000 RECOVERED RCVR DATA COVERAGE RCVR N/A 155.985 MHZ 88.5 HZ BALD HILL

15 NO CRYSTAL MOTOROLA MSR2000 482CHY1054 FIRE INTEROP 154.190 MHZ 154.190 MHZ CSQ CRAWFORD

16 NO CRYSTAL MOTOROLA MSR2000 482CQC-0108 TAC 1 155.550 MHZ 154.830 MHZ 88.5 HZ CRAWFORD

17 NO CRYSTAL MOTOROLA MSR2000 482CKQ-0103 DATA 154.875 MHZ 155.985 MHZ 88.5 HZ CRAWFORD

18 NO CRYSTAL MOTOROLA MSR2000 482CNY-0280 TAC 4 LERN 155.370 MHZ 100 HZ CRAWFORD

19 NO CRYSTAL MOTOROLA MSR2000 482CLJ-0297 SEARCH AND RESCUE 155.160 MHZ CSQ CRAWFORD

20 NO CRYSTAL MOTOROLA MSR2000 482CJS-1110 FIRE 8 REDNET/ST CHIEFS 153.830 MHZ CSQ CRAWFORD

21 NO CRYSTAL MOTOROLA MSR2000 ANIMAL CONTROL UHF 453.275 MHZ 458.275 MHZ 107.2 HZ CRAWFORD

109

NMBRRCVR ONLY

NRW BAND MODULATION

SYNTH/PROG OR XTAL

MAKE TYPE AND MODEL SERIAL NUMBER USE/NAME FREQUENCYFREQUENCY RX

IF DIFFERENTCTCSS LOCATION

22 NO PROGRAM GE RANGR WALL MOUNT STA8179423 E.A.S SYSTEM REGIONAL 155.145 MHZ CSQ E.S.C

23 NO PROGRAM MSF5000 684CUY0156 TAC 1 BACKUP 155.550 MHZ 154.830 MHZ 88.5 HZ E.S.C

24 X NO CRYSTAL MOTOROLA SPECTRATAC RECEIVER 273CLJ0080 W.S.P AREA RECEIVER N/A 154.920 MHZ 151.4 HZ E.S.C

25 X NO CRYSTAL MOTOROLA SPECTRATAC RECEIVER 273CFG0163 GATE MONITOR N/A E.S.C

26 X NO CRYSTAL MOTOROLA SPECTRATAC RECEIVER 273CLN0053 TAC 5 SHERIFF CAR TO CAR N/A 154.800 MHZ 88.5 HZ E.S.C

27 X NO CRYSTAL MOTOROLA SPECTRATAC RECEIVER 273CLN0036 TAC 2 MONITOR N/A 156.150 MHZ 88.5 HZ E.S.C

28 X NO CRYSTAL MOTOROLA SPECTRATAC RECEIVER 273CFJ0137 FIRE 5 RPTR RCVR N/A 150.775 MHZ 88.5 HZ E.S.C

29 X NO CRYSTAL MOTOROLA SPECTRATAC RECEIVER 273CPJ0067 FIRE 6 RPTR RCVR N/A 150.805 MHZ 88.5 HZ E.S.C

30 X NO CRYSTAL MOTOROLA SPECTRATAC RECEIVER 273CEL0143 EM CHANNEL SIMPL RCVR N/A 154.145 MHZ CSQ E.S.C

31 X NO CRYSTAL MOTOROLA SPECTRATAC RECEIVER 273CNY0092 DIGITAL PAGING MONITOR N/A 152.0075 MHZ CSQ E.S.C

32 X NO CRYSTAL MOTOROLA SPECTRATAC RECEIVER 273CMJ0034 FIRE 5 SIMPLEX N/A 154.010 MHZ 88.5 HZ E.S.C

33 X NO CRYSTAL MOTOROLA SPECTRATAC RECEIVER 273CMJ0034 FIRE 6 SIMPLEX N/A 154.175 MHZ 88.5 HZ E.S.C

34 X NO CRYSTAL MOTOROLA SPECTRATAC RECEIVER 273CTN0013 FIRE 6 SIMPLEX N/A 154.175 MHZ 88.5 HZ ROCHESTER

35 X NO CRYSTAL MOTOROLA SPECTRATAC RECEIVER 273CNC0058 FIRE 1 SIMPLEX N/A 154.430 MHZ 88.5 HZ ROCHESTER

36 X NO CRYSTAL MOTOROLA SPECTRATAC RECEIVER 273CFG0176 FIRE 6 RPTR RCVR N/A 150.805 MHZ 88.5 HZ ROCHESTER

37 X NO CRYSTAL MOTOROLA SPECTRATAC RECEIVER 273CTN0016 TAC 1 RECEIVER N/A 154.830 MHZ 88.5 HZ T.C. COURTHOUSE

38 X NO CRYSTAL MOTOROLA SPECTRATAC RECEIVER 273CLN0034 TAC 1 RECEIVER N/A 154.830 MHZ 88.5 HZ YELM

39 X NO CRYSTAL MOTOROLA SPECTRATAC RECEIVER 273CPQ0079 TAC 1 RECEIVER N/A 154.830 MHZ 88.5 HZ JOHNSON POINT

40 X NO CRYSTAL MOTOROLA SPECTRATAC RECEIVER 273CEL0143 FIRE 5 REPEATER RCVR N/A 150.775 MHZ 88.5 HZ JOHNSON POINT

41 X NO CRYSTAL MOTOROLA SPECTRATAC RECEIVER 273CPQ0088 FIRE 5 SIMPLEX N/A 154.010 MHZ 88.5 HZ BALD HILL

42 X NO CRYSTAL MOTOROLA SPECTRATAC RECEIVER 273CHY0084 FIRE 6 REPEATER N/A 150.805 MHZ 88.5 HZ BALD HILL

43 X NO CRYSTAL MOTOROLA SPECTRATAC RECEIVER 273CPQ0081 FIRE 5 RPTR RECEIVER N/A 150.775 MHZ 88.5 HZ SUMMIT LAKE 9-5

44 X NO CRYSTAL MOTOROLA SPECTRATAC RECEIVER 273CNY0130 TAC 2 RECEIVER N/A 155.070 MHZ 88.5 HZ UNION MILLS

45 X NO CRYSTAL MOTOROLA SPECTRATAC RECEIVER 273CNY0130 FIRE 2 OFD RECEIVER N/A 154.370 MHZ 88.5 HZ KAMILCHE RIDGE

46 X NO CRYSTAL MOTOROLA SPECTRATAC RECEIVER 273CTN0015 FIRE 5 RPTR RECEIVER N/A 150.775 MHZ 88.5 HZ YELM

47 X NO CRYSTAL MOTOROLA SPECTRATAC RECEIVER 273CNY0130 FIRE 1 RECEIVER N/A 154.430 MHZ 88.5 HZ YELM

48 X NO CRYSTAL MOTOROLA SPECTRATAC RECEIVER 273CTN0012 TAC 2 RECEIVER N/A 155.070 MHZ 88.5 HZ RIVERRIDGE HIGH SCHOOL

49 X NO CRYSTAL MOTOROLA SPECTRATAC RECEIVER 273CFJ0137 FIRE 2 OFD RECEIVER N/A 154.370 MHZ 88.5 HZ 8TH AND FIR

50 X NO PROG TAIT T800II RECEIVER TAC 1 RECEIVER N/A 154.830 MHZ 88.5 HZ KAMILCHE RIDGE

51 X NO PROG TAIT T800II RECEIVER DATA RECEIVER N/A 155.985 MHZ 88.5 HZ KAMILCHE RIDGE

52 X NO PROG TAIT T800II RECEIVER FIRE 5 REPEATER RCVR N/A 150.775 MHZ 88.5 HZ KAMILCHE RIDGE

53 X NO PROG TAIT T800II RECEIVER FIRE 6 REPEATER RCVR N/A 150.805 MHZ 88.5 HZ KAMILCHE RIDGE

54 NO PROGRAM ICOM F1020 MOBILE BASE 30654 RADIO R1 BACKUP CENTER MULTI BACKUP CENTER STN 3-1

55 NO PROGRAM ICOM F1020 MOBILE BASE 30619 RADIO R2 BACKUP CENTER MULTI BACKUP CENTER STN 3-1

56 NO PROGRAM ICOM F1020 MOBILE BASE RADIO R3 BACKUP CENTER MULTI BACKUP CENTER STN 3-1

57 NO PROGRAM MOTOROLA SPECTRA DSKTP L99ZX+3276AYA0047 UHF TC ROADS CNTRL STN UHF MULTI E.S.C

NOTES:

1 THERE ARE 57 PIECES OF EQUIPMENT THAT DO NOT MEET NARROWBAND REQUIREMENTS IN THEIR NATIVE FORM EXCLUDING TAIT SIMULCAST (SEPARATE)

QTY OF 23 STATIONS AND/OR TRANSMITTTERS AND 34 RECEIVERS

110

SD

RACK 4.1RACK 4.2

CO

UR

TH

SE

WE

ST

OLY

ES

C

159.1875F9 OFD RPTR

155.9175TAC 9 OPD RPTR

155.370 TAC 4 LERN

DATA AUX SHELF

155.985 DATA CHNL

154.370FIRE 2

154.175FIRE 6SIMPLX

150.775FIRE 5RPTR

150.805FIRE 6RPTR

TAC 2AUXSHELF

155.070TAC 2

154.830 TAC 1

TAC 1 AUX SHELF

154.010 FIRE 5 SIMPLX

153.800FIRE 3

154.430FIRE 1

CO

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MANUAL

SERVICE

MANUAL

SERVICE

VOTERS INTERCONNECTIONS

VOTERS INTERCONNECTIONS

SD

LOCATION

BLOCK ID

SYSTEM

TO BE OPENEDBY AUTHORIZEDPERSONNEL ONLY

THE

SIEMON CO.WATERTOWN, CONN.

SD

LOCATION

BLOCK ID

SYSTEM


THE


SD

LOCATION

BLOCK ID

SYSTEM


THE


SD

LOCATION

BLOCK ID

SYSTEM


THE


SD

LOCATION

BLOCK ID

SYSTEM


THE


SD

LOCATION

BLOCK ID

SYSTEM


THE


SD

LOCATION

BLOCK ID

SYSTEM


THE


SD

LOCATION

BLOCK ID

SYSTEM


THE


CAPCOM MOTOROLA SPECTRATAC RECEIVER VOTERS AS DEPLOYED

DRT REV RACK LAYOUT VIEW WITH NOTES APRIL 2009 APPROVED

TAC 9 AUX SHELF

ST

PE

TE

RS

FIL

TE

R

CR

TH

SE

CO

NT

RO

L

DBX QUAD COMPRESSOR FOR TAC9AUDIO IMPROVEMENTSCH 1 = TAC 9 TRANSMIT AUDIO FROM VOTERCH 4 = TAC 9 WOPD VOTER LEVEL

TONE REMOTEREPEATER CONTROLLER FOR STATION

TONE REMOTEREPEATER CONTROLLER FOR STATION

RELAY CONTROL PTTREPEATER CONTROLLER FOR STATION TONE REMOTE

REPEATER CONTROLLER FOR STATION

RELAY CONTROL PTTREPEATER CONTROLLER FOR STATION



THERE ARE 13 VOTED RADIO CHANNELS WHICH ARE COMPRISED OF 78 ACTIVE VOTER MODULES, WHICH IN TURN REPRESENT 78 RECEIVERS. THESE RECEIVERS ARE STANDALONE AND/OR LOCATED IN BASE STATIONS AND REPEATERS.

NOTES:

A. STATIONS WITH AUX SHELF ARE ELECTRICALLY TIED TOGETHER TO FORM ONE VOTER. THIS PROVIDES ADDITIONAL SPACE TO ADD IN MORE RECEIVER VOTER MODULES.

111

EXHIBIT 4

Current Simulcast Equipment Site Listing

112

SITE #1 E.S.C.

Simulcast reference and CTCSS generation provided by Spectracom 12.8 MHz 8195A GPS reference sources at transmitter sites. See other site summaries for detailed information on radio communications sites; including antenna placements, filter systems, etc.

CAPCOM FIRE SIMULCAST (equipment summary)Engineering Contact: David Taylor, Technical Services ManagerPhone: 360-704-2736 Fax: 360-704-2723 email: [email protected]: TAIT ELECTRONICS, QUASISYNC SIMULCAST. RADIO EQUIPMENT IS VHF TAIT T800 II STATIONS

SITE #1 E.S.C.Channel CH CH XMT/REC PL Equipment Make & XMTR Combiner Coax Coax Antenna Antenna Est. Antenna Channel NotesName XMT REC Freq-MHz Tone Model Power out Loss dB Length ft Loss dB Type db Gain ERP-Wts AGL-ft FCC designated ERP / FCC Call signFIRE 1 x 154.430 88.5 Tait T800 II Base Xmtr 100 4.2 265/ 7/8" 1.25 DB224-A 6 105 W 150 170 W ERP / WPQK923

S/N 246331F6S recvr x 154.175 88.5 Spectratac 273CMJ0034 na 2 295/ 7/8" 1.3 DB224-A 6 Gain 2.7 180FIRE 5 x 154.010 88.5 Tait T800 II Base Xmtr 100 4.2 225/ 7/8" 1.0 Telewave 6 110 W 110 170 W ERP / WPQK923

ANT150F6

x 154.010 88.5 S/N 246333 na 9.7 295/ 7/8" 1.3 Celwave 0 Loss 11 180 Disabled do to interference from F3BA-1010

SITE #2 CRAWFORD MTN.Channel CH CH XMT/REC PL Equipment Make & XMTR Combiner Coax Coax Antenna Antenna Est. Antenna Channel NotesName XMT REC Freq-MHz Tone Model Power out Loss dB Length ft Loss dB Type db Gain ERP-Wts AGL-ft FCC designated ERP / FCC Call signFIRE 1 x 154.430 88.5 Tait T800 II Base Xmtr 100 3.1 100 / 7/8" 0.5 DB224S 3 82 60 W ERP / KQT456

S/N 246330x 154.430 88.5 MTR 2000 512CDZ0174 na 2.5 205 / 7/8" 1.0 PD220-3A 5.25 Gain 1.75 190 Antenna hgt. to tip 21. Meters

FIRE 5 x 154.010 88.5 Tait T800 II Base Xmtr 100 4.3 100 LDF5 .5 DB224S 3 60 W 82 60 W ERP / KQT456S/N 246328

x 154.010 88.5 MTR 2000 512CDR0029 na 2.5 135 / 7/8" 0.6 DB224S 3 Loss 0.1 120 Antenna hgt. to tip 21. MetersFIRE 6 x 154.175 88.5 Tait T800 II Base Xmtr 100 4.1 132 / 7/8" 0.6 DB224S 3 60 W 112 60 W ERP / KQT456

S/N 246016x 154.175 88.5 MTR 2000 512CDR0031 na 10.5 205 / 7/8" 1.0 PD220-3A 5.25 Loss 6.25 190 Antenna hgt. to tip 21. Meters

SITE #3 KAMILCHE RIDGEChannel CH CH XMT/REC PL Equipment Make & XMTR Combiner Coax Coax Antenna Antenna Est. Antenna Channel NotesName XMT REC Freq-MHz Tone Model Power out Loss dB Length ft Loss dB Type db Gain ERP-Wts AGL-ft FCC designated ERP / FCC Call signFIRE 1 x 154.430 88.5 Tait T800 II Base Xmtr 100 2 150 / 7/8" 1.25 DB224S 6 118 98 W ERP / KQT456

x 154.430 88.5 S/N 246339 na Gain 4 88 / 7/8" 0.4 aligned 3 Gain 6.6 38 azimuth 130 deg, 15 deg mech downtilt

FIRE 5 x 154.010 88.5 Tait T800 II Base Xmtr 100 3.3 150' /7/8" 1.25 DB224S 6 108 98 W ERP / KQT456S/N 246337 aligned azimuth 130 deg, 15 deg mech downtilt

FIRE 5 x 154.010 88.5 MTR 2000 na Gain 6.3 88 / 7/8" 0.4 DB224S 3 Gain 8.9 38Simplex RX S/N 512CFH0013Clock S/N 8195A 0700

113

SITE #4 BALD HILLSChannel CH CH XMT/REC PL Equipment Make & XMTR Combiner Coax Coax Antenna Antenna Est. Antenna Channel NotesName XMT REC Freq-MHz Tone Model Power out Loss dB Length ft Loss dB Type db Gain ERP-Wts AGL-ft FCC designated ERP / FCC Call signFIRE 1 X 154.430 88.5 Tait T800 II Base Xmtr 100 3.4 120 / 7/8" .5 SY203 5.5 70 112 W ERP / WQDD356

X 154.430 88.5 S/N 245352 Gain 1 160' / 7/8" .75 DB224A 6 Gain 6.25 110 Antenna hgt to tip 39 M - 128 ftS/N 245909 azimuth 320 deg with 15 deg mech downtilt

FIRE 5 X 154.010 88.5 Tait T800 II Base Xmtr 100 4.0 120' / 7/8" .5 SY203 5.5 70 112 W ERP / WQDD356S/N 245362 Antenna hgt to tip 39 M - 128 ft

X 154.010 88.5 Spectratac 273CPQ0080 7 160' / 7/8" .75 DB224A 6 Loss 1.75 110 azimuth 320 deg with 15 deg mech downtiltX 154.010 88.5 Spectratac 273CPQ0080 7 160 / 7/8 .75 DB224A 6 Loss 1.75 110 azimuth 320 deg with 15 deg mech downtiltSpectracom 12.8 MHz Model 8195A naClock S/N 8195A-0624

SITE #5 ST PETER HOSPITALChannel CH CH XMT/REC PL Equipment Make & XMTR Combiner Coax Coax Antenna Antenna Est. Antenna Channel NotesName XMT REC Freq-MHz Tone Model Power out Loss dB Length ft Loss dB Type db Gain ERP-Wts AGL-ft FCC designated ERP / FCC Call signFIRE 6 X 154.175 88.5 Tait T800 90 4.75 50 / 1/2" .5 DB224S 3 54 W 190 to tip 200 W ERP/ KQT456FIRE 1 RX X 154.430 88.5 S/N 245363 na 9.5 150 / 1/2" 1.25 DB224A 6 Loss 4.75 190FIRE 6 SIMP X 154.175 88.5 Motorola Astrotac Rx na 9.5 150 / 1/2" 1.25 DB224 6 Loss 4.75 190Receiver S/N 743CHD0025Spectracom 12.8 MHz Model 8195A naClock S/N 8195A-0635

SITE #6 ROCHESTERChannel CH CH XMT/REC PL Equipment Make & XMTR Combiner Coax Coax Antenna Antenna Est. Antenna Channel NotesName XMT REC Freq-MHz Tone Model Power out Loss dB Length ft Loss dB Type db Gain ERP-Wts AGL-ft FCC designated ERP / FCC Call signFIRE 1 x 154.430 88.5 Tait T800 90 3.9 125'/ 1/2" 1 DB205 0 32 W 83' base 200 W ERP / KQT456

S/N 246332 antenna hgt to tip 24'x 154.430 88.5 Spectratac 273CNC0058 na 0 125'/ 1/2" 1 DB224S-A 3 Gain 2db 80' base

FIRE 6 x 154.175 88.5 Tait T800 90 3.9 125'/ 1/2" 1 DB205 0 32 W 83' base 200 W ERP / KQT456

S/N 13017164 antenna hgt to tip 24'F6 Simplex X 154.175 88.5 Spectratac na 8 125'/ 1/2" 1 DB224S-A 3 Loss 6db 80' baseReceiver S/N 272CTN0013

114

115

EXHIBIT 5

Sample Performance and Payment Bond Form

116

Exhibit 5

Sample Performance and Payment Bond

(COMPANY LOGO)

(NAME OF BOND) NAME OF INSURANCE COMPANY

NAME OF HOME OFFICE AND LOCATION

KNOW ALL BY THESE PRESENTS, That we, ________________________________ (called Principal), as Principal, and [NAME OF INSURANCE COMPANY] a [TYPE OF BUSINESS] corporation organized under the laws of the State of ___________________ and duly authorized to transact business in the State of Washington (called Surety), as Surety, are held and firmly bound unto the County of Thurston, a municipal corporation of the State of Washington (called Obligee) in the sum of _________________________ ($____________________) in lawful money of the United States of America, to which payment well and truly to be made, we bind ourselves, our heirs, legal representatives, executors, administrators, successors and assigns, jointly and severally, firmly be these presents. WHEREAS, Principal has entered into a certain Contract dated ___________________, 2009, with Obligee for the Public Safety Radio Systems Simulcast Replacement and Narrowband Infrastructure Systems Upgrade, RFP 09-0201, between the Thurston County Department of Communications and ____________________________, a copy of which Contract is hereto annexed and made a part of hereof as fully as if set forth herein. This bond shall cover all approved change orders as if they were in the original contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That, if Principal shall faithfully perform such Contract and pay all persons who have furnished labor or material for use in or about the improvement and shall indemnify and save harmless Obligee from all costs and damages by reason of Principal’s default or failure so to do, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety hereby waives notice of any alteration, extension or forbearance as to any of the terms of the Contract. Signed and sealed this _______ day of __________________, 2009. PRINCIPAL SURE TY _____________________________________ ______________________________ Name of Principal Name of Surety By:__________________________________ By:___________________________ Signature of Principal Signature of Surety Attorney-in-Fact

117

EXHIBIT 6

Microwave Systems Outlines

118

CAPCOM CURRENT MAIN MICROWAVE SYSTEM

REV 0 SEPT 2007 D. TAYLOR

SITE: KAMILCHELAT: N 47-08.18.3LONG: W 123-08-30.5AMSL: 1,180 FT.

SITE: 8TH AND FIRLAT: N 47-02-35.6LONG: W 122-52-49.0AMSL: 220 FT.

SITE: E.S.C.LAT: N 47-02-36.0LONG: W 122-51-52.0AMSL: 170 FT.

SITE: CRAWFORDLAT: N 46-50-33.3LONG: W 122-45-50.4AMSL: 1,475 FT.

SITE: CREGO HILLLAT: N 46-33-18.0LONG: W 123-03-26.0AMSL: 1,440 FT.

SITE: T.C. COURHOUSELAT: N 47-01-49.3LONG: W 122-54-54.5AMSL: 160 FT.

KEY:

HARRIS DVM6 NETWORK

UNLICENSED MICROWAVE

MICROWAVE RADIO SITE

THURSTON COUNTY, WA

SITE: BALD HILLLAT: N 46-48-42.6LONG: W 122-24-21.5AMSL 1802 FT

SITE: YELM WATER TANKLAT: N 46-56-25.3LONG: W 122-36-21.4AMSL: 340 FT.

SITE: ROCHESTERLAT: N 46-48-04LONG: W 123-06-40AMSL: 361 FT

SITE: ST PETER HOSPITALLAT: N 47-03-10.6LONG: W 122-50-51AMSL: 203 FT.

119

taylord

Typewritten Text

taylord

Typewritten Text

EXHIBIT 6, PAGE 1 OF 2

taylord

Typewritten Text

Thurston County Dept. of Comm. DATE: 06-22-2009 ISSUE A

CAPCOM LICENSED MICROWAVE LINKS

SYSTEM LAYOUT ENGR: D. TAYLOR SHEET 1 OF 1

SCALE: MILES

0 4 8

LEGEND:

KAMILCHE TO ESC HARRIS DVM-XTFREQUENCY: TX 6695V AZ 116.5, RX 6855 VCAPACITY: 8 T-1 PROTECT: LOOP, NO DIVERSITYNOTE: 14.6 MILES, DISH RFS PAL6, ANT HGT 70'

K1

E1

K2 KAMILCHE TO CRTHSE (DVM-XT)FREQUENCY: TX 6645V AZ 124.8, RX 6805V.CAPACITY: 8 T-1PROTECT: LOOP, NO DIVERSITYNOTE: 13.0 MILES, DISH RFS PAL6, ANT HGT 60'

ESC TO KAMILCHE (DVM-XT)FREQUENCY: TX 6855V AZ 296.7, RX 6695VCAPACITY: 8 T-1PROTECT: LOOP, NO DIVERSITYNOTE: 14.6 MILES, DISH RFS PAL6, ANT HGT 160'

ESC TO CRAWFORD (DVM-XT)FREQUENCY: TX 6860H AZ 161, RX 6700HCAPACITY: 12 T-1PROTECT: LOOP, AND 4T-1 NONE, NO DIVERSITYNOTE: 14.7 MILES, DISH RFS PAL6, ANT HGT 160'

E2

CRAWFORD TO ESC (DVM-XT)FREQUENCY: TX 6700H AZ 341.1, RX 6860HCAPACITY: 12 T-1PROTECT: LOOP, AND 4T-1 NONE, NO DIVERSITYNOTE: 14.7 MILES, DISH RFS PAL6, ANT HGT 60 '

C1

C2

C.H.1

WPOL473

C.H.2

C3

CRAWFORD TO T.C. CRTHOUSEFREQUENCY: TX 6640H AZ 331.2, RX 6800HCAPACITY: 8 T-1PROTECT: LOOP, NO DIVERSITYNOTE: 14.8 MILES, DISH RFS PAL6, ANT HGT 60 'RADIO: HARRIS DVM6-XT

CRAWFORD TO LEWIS CREGOFREQ (CRWFRD): TX 6690V AZ 215.3, RX 6850VFREQ (CREGO): TX 6850V AZ 35.1, RX 6690VCAPACITY: 4 T-1PROTECT: HOT STANDBY WITH SPACE DVRSTY RXNOTE: 24.25 MILES, DISH RFS PAL6 & 4ANT HGT CRWFRD 120 ', ANT HGT. CREGO 100' RADIOS: HARRIS DVM6-XT

TC CRTHSE TO KAMILCHE (DVM-XT)FREQUENCY: TX 6805V AZ 305, RX 6645VCAPACITY: 8 T-1PROTECT: LOOP, NO DIVERSITYNOTE: 13 MILES, DISH RFS PAL6, ANT HGT 70'

TC CRTHSE TO CRAWFORD (DVM-XT)FREQUENCY: TX 6800H AZ 151.1, RX 6640HCAPACITY: 8 T-1PROTECT: LOOP, NO DIVERSITYNOTE: 14.8 MILES, DISH RFS PAL6, ANT HGT 60'

WA OB2 TO 8TH AND FIR (TO CAPCOM)RADIO ALCATEL MDR-8711E-150FREQ (AT ESC): TX 11245V AZ 66.36 , RX 10755VFREQ (AT 8NF): TX 10755V AZ 246.34 RX11245VCAPACITY: 2016CH, DIG150000PROTECT: HOT STANDBY, NO DIVERSITYNOTE: 1.08 MILES, VHLP4-11 ANT 4FT. AT OB2, 3 FT AT 8&FANT HGT OB2 103', ANT HGT AT 8 & FIR 148 '.

WA OB2

SITE: E.S.C. / CAPCOMLAT: N 47-02-36.0LONG: W 122-51-52.0AMSL: 170 FT.

SITE: KAMILCHELAT: N 47-08.18.3LONG: W 123-08-30.5AMSL: 1,180 FT.

WPOL472

WQKJ626

SITE: CRAWFORD MTLAT: N 46-50-33.4LONG: W 122-45-50.5AMSL: 1,475 FTASR 1056464

WPOL474

SITE: T.C. COURTHOUSELAT: N 47-01-49.3LONG: W 122-54-54.5AMSL: 160 FT.

WPOL475

SITE: CREGO HILLLAT: N 46-33-18.0LONG: W 123-03-26.0AMSL: 1,440 FT.

WPOV476 (LEWIS CNTY LICENSE)

SITE: 8 TH AND FIRLAT: N 47-02-35.6LONG: W 122-52-49.0AMSL: 220 FT.

SITE: WA OB2LAT: N 47-02-13.0LONG: W 122-53-56.0AMSL: 95 FT.

WQKJ621

SITE: SQUAK MTN.LAT: N 47-30-15.5LONG: W 122-02-50.1AMSL: 2026 FT.

WQKJ625

SITE: CAPITOL PEAKLAT: N 46-58-23.6LONG: W 123-08-16.4AMSL: 2658 FT.

C.H.3 TC CRTHSE TO CRAWFORD MT RADIO ALCATEL (MDR-8711E-150)FREQUENCY: TX 10995V AZ 151.6, RX 11485HCAPACITY: 2016CH, DIG150000PROTECT: HOT STANDBY, NO DIVERSITYNOTE: 14.8 MILES, ANDRW VHLP6-11 ANT, HGT 57'

SITE: THURSTON CTHLAT: N 47-01-46.4LONG: W 122-54-41.3AMSL: 156 FT.

C4

C5

C6

C7

SQ1

CRAWFORD TO CAPITOL PEAK (MDR-8706E-150)FREQUENCY: TX5974.85V AZ 297.15, RX 6226.89VCAPACITY: 2016CH, DIG150000PROTECT: LOOP, NO DIVERSITYNOTE: 19.87 MILES, ANRW PAR6-59ADISH , ANT HGT 108 '

CRAWFORD TO SQUAK MT (ALCATEL MDR-8606-45)FREQUENCY: TX 6083.57H AZ 36.19 , RX 6335.61HCAPACITY: 672 CH DIG 46300PROTECT: HOT STANDBY, 6' ANT AT 40' DIVERSITYNOTE: 56.83 MILES, PAR8-59A DISH , ANT HGT 145 '

CRAWFORD TO ‘CAPCOM’ (ALCATEL MDR-8711E-150)FREQUENCY: TX 11405V AZ 341.1 , RX 10915VCAPACITY: 2016CH, DIG150000PROTECT: LOOP, NO DIVERSITYNOTE: 14.66 MILES, ANDREW VHLP6-11 DISH , ANT HGT 84 '

CRAWFORD TO THURSTON CTH (ALCATEL MDR-8711E-150)FREQUENCY: TX 11485V AZ 151.56, RX 10995VCAPACITY: 2016CH, DIG150000PROTECT: HOT STANDBY, NO DIVERSITYNOTE: 14.68 MILES, ANDREW VHLP6-11DISH , ANT HGT 57 '

SQUAK MTN. TO CRAWFORD MT. (ALCTL MDR-8606-45)FREQUENCY: TX 6335.61H AZ 216.7 , RX 6083.57CAPACITY: 672 CH DIG 46300PROTECT: HOT STANDBY, 6' ANT AT 40' DIVERSITYNOTE: 56.83 MILES, UHX8-59K RF DISH , ANT HGT 95 '

WQKJ622

E3

E4

E5

CP1

CP2

CAPITOL PEAK TO CRAWFORD MT (MDR-8706E-150)FREQUENCY: TX6226.89V AZ 116.9, RX 5974.85VCAPACITY: 2016CH, DIG150000PROTECT: LOOP, NO DIVERSITYNOTE: 19.87 MILES, ANRW PAR6-59ADISH , ANT HGT 35 '

CAPITOL PEAK TO ‘CAPCOM’ ESC (MDR-8711E-150)FREQUENCY: TX11325V AZ 69.32, RX 10835VCAPACITY: 2016CH, DIG150000PROTECT: LOOP, NO DIVERSITYNOTE: 13.79 MILES, ANRW VHLP6-11 DISH , ANT HGT 79 '

‘CAPCOM’ ESC TO CAPITOL PEAK (MDR-8711E-150)FREQUENCY: TX10835V AZ 249.52 , RX 11325VCAPACITY: 2016CH, DIG150000PROTECT: LOOP, NO DIVERSITYNOTE: 13.79 MILES, ANRW VHLP6-11 DISH , ANT HGT 108 '

‘CAPCOM’ ESC TO CRAWFORD MT (ALCTL MDR-8711E-150)FREQUENCY: TX10915V AZ 161 , RX 11405VCAPACITY: 2016CH, DIG150000PROTECT: LOOP, NO DIVERSITYNOTE: 14.66 MILES, ANRW VHLP6-11 DISH , ANT HGT 123 '

‘CAPCOM’ ESC TO 8TH AND FIR (TO ESC) (ALCTL MDR-8711E-150)FREQUENCY: TX10755H AZ 268.95 , RX 11245HFREQ (AT 8NF): TX 11245H AZ 88.94 RX 10755HCAPACITY: 2016CH, DIG150000PROTECT: HOT STANDBY, NO DIVERSITYNOTE: .62 MILES, ANRW VHLP6-11 DISH , ANT HGT 90 'NOTE: AT 8NF ANTENNA VHLP800-11 ANT HGT 148' (PASSIVE REPEATER)

THURSTON COUNTY WASHINGTON

PATHS HIGHLIGTED IN YELLOW ARE TO BE INSTALLED AND COMMISSIONED IN 3RD AND 4TH QUARTER 2009

PATH TO BE DECOMMISSIONED2009 AFTER NEW SYSTEM REPLACEMENT

PATH TO BE DECOMMISSIONED2009 AFTER NEW SYSTEM REPLACEMENT

OLYMPIA

TENINO

TUMWATER

LACEY

ROCHESTER

120

taylord

Typewritten Text

EXHIBIT 6 PAGE 2 OF 2

APPENDIX A

Washington State Prevailing Wage Rate

121

Washington State Prevailing Wage Rates For Public Works Contracts

State of Washington

DEPARTMENT OF LABOR AND INDUSTRIESPrevailing Wage Section - Telephone (360) 902-5335

PO Box 44540, Olympia, WA 98504-4540

The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, workers' wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements is provided on the Benefit Code Key.

PREVAILINGWAGE

(See Benefit Code Key)OverTimeCode

HolidayCode

NoteCodeClassification

**********************************************************************************************************

COUNTYTHURSTONEFFECTIVE 03-04-2009

ASBESTOS ABATEMENT WORKERS

JOURNEY LEVEL 1H 5D$38.12BOILERMAKERS

JOURNEY LEVEL 1$32.01BRICK AND MARBLE MASONS

JOURNEY LEVEL 1M 5A$45.05CABINET MAKERS (IN SHOP)

JOURNEY LEVEL 1$13.02CARPENTERS

ACOUSTICAL WORKER 1M 5D$46.32BRIDGE, DOCK AND WARF CARPENTERS 1M 5D$46.16CARPENTER 1M 5D$46.16CREOSOTED MATERIAL 1M 5D$46.26DRYWALL APPLICATOR 1M 5D$46.42FLOOR FINISHER 1M 5D$46.16FLOOR LAYER 1M 5D$46.16FLOOR SANDER 1M 5D$46.16MILLWRIGHT AND MACHINE ERECTORS 1M 5D$47.16PILEDRIVERS, DRIVING, PULLING, PLACING COLLARS AND WELDING 1M 5D$46.36SAWFILER 1M 5D$46.16SHINGLER 1M 5D$46.16STATIONARY POWER SAW OPERATOR 1M 5D$46.16STATIONARY WOODWORKING TOOLS 1M 5D$46.16

CEMENT MASONS

JOURNEY LEVEL 1M 5D$46.81DIVERS & TENDERS

DIVER 1M 5D 8A$96.81DIVER ON STANDBY 1M 5D$54.19DIVER TENDER 1M 5D$49.84

DREDGE WORKERS

ASSISTANT ENGINEER 1T 5D 8L$47.09ASSISTANT MATE (DECKHAND) 1T 5D 8L$46.58BOATMEN 1T 5D 8L$47.09ENGINEER WELDER 1T 5D 8L$47.14LEVERMAN, HYDRAULIC 1T 5D 8L$48.71MAINTENANCE 1T 5D 8L$46.58MATES 1T 5D 8L$47.09OILER 1T 5D 8L$46.71

DRYWALL TAPERS

JOURNEY LEVEL 1E 5P$46.34ELECTRICAL FIXTURE MAINTENANCE WORKERS

JOURNEY LEVEL 1$8.55Page 1

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ELECTRICIANS - INSIDE

CABLE SPLICER 1G 5C$54.64JOURNEY LEVEL 1G 5C$50.99LEAD COVERED CABLE SPLICER 1G 5C$58.25WELDER 1G 5C$54.64

ELECTRICIANS - MOTOR SHOP

CRAFTSMAN 2A 6C$15.37JOURNEY LEVEL 2A 6C$14.69

ELECTRICIANS - POWERLINE CONSTRUCTION

CABLE SPLICER 4A 5A$58.36CERTIFIED LINE WELDER 4A 5A$53.30GROUNDPERSON 4A 5A$38.14HEAD GROUNDPERSON 4A 5A$40.25HEAVY LINE EQUIPMENT OPERATOR 4A 5A$53.30JACKHAMMER OPERATOR 4A 5A$40.25JOURNEY LEVEL LINEPERSON 4A 5A$53.30LINE EQUIPMENT OPERATOR 4A 5A$45.14POLE SPRAYER 4A 5A$53.30POWDERPERSON 4A 5A$40.25

ELECTRONIC TECHNICIANS

ELECTRONIC TECHNICIANS JOURNEY LEVEL 1$22.99ELEVATOR CONSTRUCTORS

MECHANIC 4A 6Q$64.81MECHANIC IN CHARGE 4A 6Q$70.60

FABRICATED PRECAST CONCRETE PRODUCTS

ALL CLASSIFICATIONS 1$13.50FENCE ERECTORS

FENCE ERECTOR 1$17.65FLAGGERS

JOURNEY LEVEL 1H 5D$32.47GLAZIERS

JOURNEY LEVEL 1Y 5G$45.25HEAT & FROST INSULATORS AND ASBESTOS WORKERS

MECHANIC 1S 5J$48.28HEATING EQUIPMENT MECHANICS

MECHANIC 1$27.68HOD CARRIERS & MASON TENDERS

JOURNEY LEVEL 1H 5D$39.31INDUSTRIAL ENGINE AND MACHINE MECHANICS

MECHANIC 1$15.65INDUSTRIAL POWER VACUUM CLEANER

JOURNEY LEVEL 1$9.24INLAND BOATMEN

CAPTAIN 1K 5B$48.39COOK 1K 5B$45.36DECKHAND 1K 5B$45.36ENGINEER/DECKHAND 1K 5B$46.25MATE, LAUNCH OPERATOR 1K 5B$47.35

INSPECTION/CLEANING/SEALING OF SEWER & WATER SYSTEMS BY REMOTE CONTROL

CLEANER OPERATOR, FOAMER OPERATOR 1$9.73GROUT TRUCK OPERATOR 1$11.48

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HEAD OPERATOR 1$12.78TECHNICIAN 1$25.00TV TRUCK OPERATOR 1$10.53

INSULATION APPLICATORS

JOURNEY LEVEL 1M 5D$46.16IRONWORKERS

JOURNEY LEVEL 1O 5A$51.01LABORERS

ASPHALT RAKER 1H 5D$39.31BALLAST REGULATOR MACHINE 1H 5D$38.12BATCH WEIGHMAN 1H 5D$32.47BRUSH CUTTER 1H 5D$38.12BRUSH HOG FEEDER 1H 5D$38.12BURNERS 1H 5D$38.12CARPENTER TENDER 1H 5D$38.12CASSION WORKER 1H 5D$39.31CEMENT DUMPER/PAVING 1H 5D$38.83CEMENT FINISHER TENDER 1H 5D$38.12CHANGE-HOUSE MAN OR DRY SHACKMAN 1H 5D$38.12CHIPPING GUN (OVER 30 LBS) 1H 5D$38.83CHIPPING GUN (UNDER 30 LBS) 1H 5D$38.12CHOKER SETTER 1H 5D$38.12CHUCK TENDER 1H 5D$38.12CLEAN-UP LABORER 1H 5D$38.12CONCRETE DUMPER/CHUTE OPERATOR 1H 5D$38.83CONCRETE FORM STRIPPER 1H 5D$38.12CONCRETE SAW OPERATOR 1H 5D$38.83CRUSHER FEEDER 1H 5D$32.47CURING LABORER 1H 5D$38.12DEMOLITION, WRECKING & MOVING (INCLUDING CHARRED MATERIALS) 1H 5D$38.12DITCH DIGGER 1H 5D$38.12DIVER 1H 5D$39.31DRILL OPERATOR (HYDRAULIC, DIAMOND) 1H 5D$38.83DRILL OPERATOR, AIRTRAC 1H 5D$39.31DUMPMAN 1H 5D$38.12EPOXY TECHNICIAN 1H 5D$38.12EROSION CONTROL WORKER 1H 5D$38.12FALLER/BUCKER, CHAIN SAW 1H 5D$38.83FINAL DETAIL CLEANUP (i.e., dusting, vacuuming, window cleaning; NOT construction debris cleanup)

1H 5D$29.65

FINE GRADERS 1H 5D$38.12FIRE WATCH 1H 5D$32.47FORM SETTER 1H 5D$38.12GABION BASKET BUILDER 1H 5D$38.12GENERAL LABORER 1H 5D$38.12GRADE CHECKER & TRANSIT PERSON 1H 5D$39.31GRINDERS 1H 5D$38.12GROUT MACHINE TENDER 1H 5D$38.12GUARDRAIL ERECTOR 1H 5D$38.12HAZARDOUS WASTE WORKER LEVEL A 1H 5D$39.31HAZARDOUS WASTE WORKER LEVEL B 1H 5D$38.83HAZARDOUS WASTE WORKER LEVEL C 1H 5D$38.12

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HIGH SCALER 1H 5D$39.31HOD CARRIER/MORTARMAN 1H 5D$39.31JACKHAMMER 1H 5D$38.83LASER BEAM OPERATOR 1H 5D$38.83MANHOLE BUILDER-MUDMAN 1H 5D$38.83MATERIAL YARDMAN 1H 5D$38.12MINER 1H 5D$39.31NOZZLEMAN, CONCRETE PUMP, GREEN CUTTER WHEN USING HIGH PRESSURE AIR & WATER ON CONCRETE & ROCK, SANDBLAST, GUNITE, SHOTCRETE, WATER BLASTER

1H 5D$38.83

PAVEMENT BREAKER 1H 5D$38.83PILOT CAR 1H 5D$32.47PIPE POT TENDER 1H 5D$38.83PIPE RELINER (NOT INSERT TYPE) 1H 5D$38.83PIPELAYER & CAULKER 1H 5D$38.83PIPELAYER & CAULKER (LEAD) 1H 5D$39.31PIPEWRAPPER 1H 5D$38.83POT TENDER 1H 5D$38.12POWDERMAN 1H 5D$39.31POWDERMAN HELPER 1H 5D$38.12POWERJACKS 1H 5D$38.83RAILROAD SPIKE PULLER (POWER) 1H 5D$38.83RE-TIMBERMAN 1H 5D$39.31RIPRAP MAN 1H 5D$38.12RODDER 1H 5D$38.83SCAFFOLD ERECTOR 1H 5D$38.12SCALE PERSON 1H 5D$38.12SIGNALMAN 1H 5D$38.12SLOPER (OVER 20") 1H 5D$38.83SLOPER SPRAYMAN 1H 5D$38.12SPREADER (CLARY POWER OR SIMILAR TYPES) 1H 5D$38.83SPREADER (CONCRETE) 1H 5D$38.83STAKE HOPPER 1H 5D$38.12STOCKPILER 1H 5D$38.12TAMPER & SIMILAR ELECTRIC, AIR & GAS 1H 5D$38.83TAMPER (MULTIPLE & SELF PROPELLED) 1H 5D$38.83TOOLROOM MAN (AT JOB SITE) 1H 5D$38.12TOPPER-TAILER 1H 5D$38.12TRACK LABORER 1H 5D$38.12TRACK LINER (POWER) 1H 5D$38.83TRUCK SPOTTER 1H 5D$38.12TUGGER OPERATOR 1H 5D$38.83VIBRATING SCREED (AIR, GAS, OR ELECTRIC) 1H 5D$38.12VIBRATOR 1H 5D$38.83VINYL SEAMER 1H 5D$38.12WELDER 1H 5D$38.12WELL-POINT LABORER 1H 5D$38.83

LABORERS - UNDERGROUND SEWER & WATER

GENERAL LABORER 1H 5D$38.12PIPE LAYER 1H 5D$38.83

LANDSCAPE CONSTRUCTION

IRRIGATION OR LAWN SPRINKLER INSTALLERS 1$14.41

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LANDSCAPE EQUIPMENT OPERATORS OR TRUCK DRIVERS 1$14.41LANDSCAPING OR PLANTING LABORERS 1$14.41

LATHERS

JOURNEY LEVEL 1M 5D$46.42METAL FABRICATION (IN SHOP)

FITTER 1A 6T$26.24LABORER 1A 6T$16.42LAYEROUT 1A 6T$28.56MACHINE OPERATOR 1A 6T$20.23WELDER 1A 6T$23.97

MODULAR BUILDINGS

CABINET ASSEMBLY 1$9.98ELECTRICIAN 1$9.98EQUIPMENT MAINTENANCE 1$9.98PLUMBER 1$9.98PRODUCTION WORKER 1$9.75TOOL MAINTENANCE 1$9.98UTILITY PERSON 1$9.98WELDER 1$9.98

PAINTERS

JOURNEY LEVEL 2B 6Z$34.87PLASTERERS

JOURNEY LEVEL 1R 5B$44.83PLAYGROUND & PARK EQUIPMENT INSTALLERS

JOURNEY LEVEL 1$8.55PLUMBERS & PIPEFITTERS

JOURNEY LEVEL 1G 5A$54.07POWER EQUIPMENT OPERATORS

ASSISTANT ENGINEERS 1T 5D 8P$44.64BACKHOE, EXCAVATOR SHOVEL, OVER 50 METRIC TONS TO 90 METRIC TONS

1T 5D 8P$48.46

BACKHOE, EXCAVATOR SHOVEL, OVER 90 METRIC TONS 1T 5D 8P$49.03BACKHOE, EXCAVATOR, SHOVEL, OVER 30 METRIC TONS TO 50 METRIC TONS

1T 5D 8P$47.91

BACKHOE, EXCAVATOR, SHOVEL, TRACTORS UNDER 15 METRIC TONS 1T 5D 8P$47.00BACKHOE, EXCAVATOR, SHOVEL, TRACTORS: 15 TO 30 METRIC TONS 1T 5D 8P$47.42BARRIER MACHINE (ZIPPER) 1T 5D 8P$47.42BATCH PLANT OPERATOR, CONCRETE 1T 5D 8P$47.42BELT LOADERS (ELEVATING TYPE ) 1T 5D 8P$47.00BOBCAT (SKID STEER) 1T 5D 8P$44.64BROKK-REMOTE DEMOLITION EQUIPMENT 1T 5D 8P$44.64BROOMS 1T 5D 8P$44.64BUMP CUTTER 1T 5D 8P$47.42CABLEWAYS 1T 5D 8P$47.91CHIPPER 1T 5D 8P$47.42COMPRESSORS 1T 5D 8P$44.64CONCRETE FINISH MACHINE - LASER SCREED 1T 5D 8P$44.64CONCRETE PUMPS 1T 5D 8P$47.00CONCRETE PUMP-TRUCK MOUNT WITH BOOM ATTACHMENT 1T 5D 8P$47.42CONVEYORS 1T 5D 8P$47.00CRANE, FRICTION 100 TONS THROUGH 199 TONS 1T 5D 8P$49.03CRANE, FRICTION OVER 200 TONS 1T 5D 8P$49.59

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CRANES, THRU 19 TONS, WITH ATTACHMENTS 1T 5D 8P$47.00CRANES, 20 - 44 TONS, WITH ATTACHMENTS 1T 5D 8P$47.42CRANES, 45 TONS - 99 TONS, UNDER 150 FT OF BOOM (INCLUDING JIB WITH ATACHMENTS)

1T 5D 8P$47.91

CRANES, 100 TONS - 199 TONS, OR 150 FT OF BOOM (INCLUDING JIB WITH ATTACHMENTS)

1T 5D 8P$48.46

CRANES, 200 TONS TO 300 TONS, OR 250 FT OF BOOM (INCLUDING JIB WITH ATTACHMENTS)

1T 5D 8P$49.03

CRANES, A-FRAME, 10 TON AND UNDER 1T 5D 8P$44.64CRANES, A-FRAME, OVER 10 TON 1T 5D 8P$47.00CRANES, OVER 300 TONS, OR 300' OF BOOM INCLUDING JIB WITH ATTACHMENTS

1T 5D 8P$49.59

CRANES, OVERHEAD, BRIDGE TYPE ( 20 - 44 TONS) 1T 5D 8P$47.42CRANES, OVERHEAD, BRIDGE TYPE ( 45 - 99 TONS) 1T 5D 8P$47.91CRANES, OVERHEAD, BRIDGE TYPE (100 TONS & OVER) 1T 5D 8P$48.46CRANES, TOWER CRANE UP TO 175' IN HEIGHT, BASE TO BOOM 1T 5D 8P$48.46CRANES, TOWER CRANE OVER 175' IN HEIGHT, BASE TO BOOM 1T 5D 8P$49.03CRUSHERS 1T 5D 8P$47.42DECK ENGINEER/DECK WINCHES (POWER) 1T 5D 8P$47.42DERRICK, BUILDING 1T 5D 8P$47.91DOZERS, D-9 & UNDER 1T 5D 8P$47.00DRILL OILERS - AUGER TYPE, TRUCK OR CRANE MOUNT 1T 5D 8P$47.00DRILLING MACHINE 1T 5D 8P$47.42ELEVATOR AND MANLIFT, PERMANENT AND SHAFT-TYPE 1T 5D 8P$44.64EQUIPMENT SERVICE ENGINEER (OILER) 1T 5D 8P$47.00FINISHING MACHINE/BIDWELL GAMACO AND SIMILAR EQUIP 1T 5D 8P$47.42FORK LIFTS, (3000 LBS AND OVER) 1T 5D 8P$47.00FORK LIFTS, (UNDER 3000 LBS) 1T 5D 8P$44.64GRADE ENGINEER 1T 5D 8P$47.00GRADECHECKER AND STAKEMAN 1T 5D 8P$44.64GUARDRAIL PUNCH 1T 5D 8P$47.42HOISTS, OUTSIDE (ELEVATORS AND MANLIFTS), AIR TUGGERS 1T 5D 8P$47.00HORIZONTAL/DIRECTIONAL DRILL LOCATOR 1T 5D 8P$47.00HORIZONTAL/DIRECTIONAL DRILL OPERATOR 1T 5D 8P$47.42HYDRALIFTS/BOOM TRUCKS (10 TON & UNDER) 1T 5D 8P$44.64HYDRALIFTS/BOOM TRUCKS (OVER 10 TON) 1T 5D 8P$47.00LOADERS, OVERHEAD (6 YD UP TO 8 YD) 1T 5D 8P$47.91LOADERS, OVERHEAD (8 YD & OVER) 1T 5D 8P$48.46LOADERS, OVERHEAD (UNDER 6 YD), PLANT FEED 1T 5D 8P$47.42LOCOMOTIVES, ALL 1T 5D 8P$47.42MECHANICS, ALL 1T 5D 8P$48.46MIXERS, ASPHALT PLANT 1T 5D 8P$47.42MOTOR PATROL GRADER (FINISHING) 1T 5D 8P$47.91MOTOR PATROL GRADER (NON-FINISHING) 1T 5D 8P$47.00MUCKING MACHINE, MOLE, TUNNEL DRILL AND/OR SHIELD 1T 5D 8P$47.91OIL DISTRIBUTORS, BLOWER DISTRIBUTION AND MULCH SEEDING OPERATOR

1T 5D 8P$44.64

PAVEMENT BREAKER 1T 5D 8P$44.64PILEDRIVER (OTHER THAN CRANE MOUNT) 1T 5D 8P$47.42PLANT OILER (ASPHALT, CRUSHER) 1T 5D 8P$47.00POSTHOLE DIGGER, MECHANICAL 1T 5D 8P$44.64POWER PLANT 1T 5D 8P$44.64PUMPS, WATER 1T 5D 8P$44.64

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QUAD 9, D-10, AND HD-41 1T 5D 8P$47.91QUICK TOWER-NO CAB, UNDER 100 FEET IN HEIGHT BASED TO BOOM 1T 5D 8P$44.64REMOTE CONTROL OPERATOR ON RUBBER TIRED EARTH MOVING EQUIP

1T 5D 8P$47.91

RIGGER AND BELLMAN 1T 5D 8P$44.64ROLLAGON 1T 5D 8P$47.91ROLLER, OTHER THAN PLANT ROAD MIX 1T 5D 8P$44.64ROLLERS, PLANTMIX OR MULTILIFT MATERIALS 1T 5D 8P$47.00ROTO-MILL, ROTO-GRINDER 1T 5D 8P$47.42SAWS, CONCRETE 1T 5D 8P$47.00SCRAPERS - SELF PROPELLED, HARD TAIL END DUMP, ARTICULATING OFF-ROAD EQUIPMENT (45 YD AND OVER)

1T 5D 8P$47.91

SCRAPERS, CONCRETE AND CARRY ALL 1T 5D 8P$47.00SCREED MAN 1T 5D 8P$47.91SHOTCRETE GUNITE 1T 5D 8P$44.64SLIPFORM PAVERS 1T 5D 8P$47.91SPREADER, TOPSIDER & SCREEDMAN 1T 5D 8P$47.91SUBGRADE TRIMMER 1T 5D 8P$47.42TOWER BUCKET ELEVATORS 1T 5D 8P$47.00TRACTORS, (75 HP & UNDER ) 1T 5D 8P$47.00TRACTORS, (OVER 75 HP) 1T 5D 8P$47.42TRANSFER MATERIAL SERVICE MACHINE 1T 5D 8P$47.42TRANSPORTERS, ALL TRACK OR TRUCK TYPE 1T 5D 8P$47.91TRENCHING MACHINES 1T 5D 8P$47.00TRUCK CRANE OILER/DRIVER ( UNDER 100 TON) 1T 5D 8P$47.00TRUCK CRANE OILER/DRIVER (100 TON & OVER) 1T 5D 8P$47.42TRUCK MOUNT PORTABLE CONVEYER 1T 5D 8P$47.42WHEEL TRACTORS, FARMALL TYPE 1T 5D 8P$44.64YO YO PAY DOZER 1T 5D 8P$47.42

POWER EQUIPMENT OPERATORS- UNDERGROUND SEWER & WATER

(SEE POWER EQUIPMENT OPERATORS)POWER LINE CLEARANCE TREE TRIMMERS

JOURNEY LEVEL IN CHARGE 4A 5A$39.29SPRAY PERSON 4A 5A$37.21TREE EQUIPMENT OPERATOR 4A 5A$37.81TREE TRIMMER 4A 5A$35.18TREE TRIMMER GROUNDPERSON 4A 5A$26.55

REFRIGERATION & AIR CONDITIONING MECHANICS

MECHANIC 1$26.64RESIDENTIAL BRICK & MARBLE MASONS

JOURNEY LEVEL 1$27.50RESIDENTIAL CARPENTERS

JOURNEY LEVEL 1$23.30RESIDENTIAL CEMENT MASONS

JOURNEY LEVEL 1$14.00RESIDENTIAL DRYWALL TAPERS

JOURNEY LEVEL 1$18.00RESIDENTIAL ELECTRICIANS

JOURNEY LEVEL 1B 5A$26.88RESIDENTIAL GLAZIERS

JOURNEY LEVEL 1H 5G$29.56

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RESIDENTIAL INSULATION APPLICATORS

JOURNEY LEVEL 1$18.70RESIDENTIAL LABORERS

JOURNEY LEVEL 1$9.81RESIDENTIAL PAINTERS

JOURNEY LEVEL 1$11.85RESIDENTIAL PLUMBERS & PIPEFITTERS

JOURNEY LEVEL 1$20.40RESIDENTIAL REFRIGERATION & AIR CONDITIONING MECHANICS

JOURNEY LEVEL 1$26.64RESIDENTIAL SHEET METAL WORKERS

JOURNEY LEVEL (FIELD OR SHOP) 1I 6L$34.14RESIDENTIAL SOFT FLOOR LAYERS

JOURNEY LEVEL 1$16.00RESIDENTIAL SPRINKLER FITTERS (FIRE PROTECTION)

JOURNEY LEVEL 1$23.60RESIDENTIAL TERRAZZO/TILE FINISHERS

JOURNEY LEVEL 1$17.00ROOFERS

JOURNEY LEVEL 1$24.37SHEET METAL WORKERS

JOURNEY LEVEL (FIELD OR SHOP) 1E 6L$55.27SHIPBUILDING & SHIP REPAIR

BOILERMAKER 1H 6W$32.56SIGN MAKERS & INSTALLERS (ELECTRICAL)

JOURNEY LEVEL 1$18.04SIGN MAKERS & INSTALLERS (NON-ELECTRICAL)

JOURNEY LEVEL 1$15.50SOFT FLOOR LAYERS

JOURNEY LEVEL 1B 5A$36.95SOLAR CONTROLS FOR WINDOWS

JOURNEY LEVEL 1B 5O$10.31SPRINKLER FITTERS (FIRE PROTECTION)

JOURNEY LEVEL 1X 5C$59.74STAGE RIGGING MECHANICS (NON STRUCTURAL)

JOURNEY LEVEL 1$13.23SURVEYORS

CHAIN PERSON 1$9.35INSTRUMENT PERSON 1$11.40PARTY CHIEF 1$13.40

TELECOMMUNICATION TECHNICIANS

TELECOMMUNICATION TECHNICIANS JOURNEY LEVEL 1$22.00TELEPHONE LINE CONSTRUCTION - OUTSIDE

CABLE SPLICER 2B 5A$31.46HOLE DIGGER/GROUND PERSON 2B 5A$17.58INSTALLER (REPAIRER) 2B 5A$30.17JOURNEY LEVEL TELEPHONE LINEPERSON 2B 5A$29.26SPECIAL APPARATUS INSTALLER I 2B 5A$31.46SPECIAL APPARATUS INSTALLER II 2B 5A$30.82TELEPHONE EQUIPMENT OPERATOR (HEAVY) 2B 5A$31.46TELEPHONE EQUIPMENT OPERATOR (LIGHT) 2B 5A$29.26TELEVISION GROUND PERSON 2B 5A$16.67

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TELEVISION LINEPERSON/INSTALLER 2B 5A$22.19TELEVISION SYSTEM TECHNICIAN 2B 5A$26.42TELEVISION TECHNICIAN 2B 5A$23.76TREE TRIMMER 2B 5A$29.26

TERRAZZO WORKERS & TILE SETTERS

JOURNEY LEVEL 1M 5A$43.61TILE, MARBLE & TERRAZZO FINISHERS

FINISHER 1B 5A$37.44TRAFFIC CONTROL STRIPERS

JOURNEY LEVEL 1K 5A$37.90TRUCK DRIVERS

ASPHALT MIX ( TO 16 YARDS) 1T 5D 8L$43.45ASPHALT MIX (OVER 16 YARDS) 1T 5D 8L$44.25DUMP TRUCK 1$17.23DUMP TRUCK & TRAILER 1$17.23OTHER TRUCKS 1T 5D 8L$44.25TRANSIT MIXER 2H 6I$31.89

WELL DRILLERS & IRRIGATION PUMP INSTALLERS

IRRIGATION PUMP INSTALLER 1$17.53OILER 1$12.44WELL DRILLER 1$18.00

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