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HomeMy WebLinkAboutPK07-107 - Original - Musco Sports Lighting, LLC - Ballfield Lighting Systems - 04/02/2007 O Records Marraiggemen T Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact Mary Simmons, City Clerks Office. Vendor Name: ✓u4eor 6�dl� GqLh1,e7 Contract Number: Pl:fo7 — 10 7 This is assigned by Mary Simmons Vendor Number: Project Name: Contract Effective Date: Contract Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: �fi& Z/r60147 Department: A 1-161 w y2�ODi�Y � Abstract: ADCL7832 07/02 v . KENT WASHI"OTON GOODS & SERVICES AGREEMENT between the City of Kent and Musco Sports Lighting, LLC THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Musco Sports Lighting, LLC organized under the laws of the State of Iowa, located and doing business at PO Box 808, Oskaloosa, Iowa 52577 (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: Vendor shall provide labor, materials and equipment necessary to install and commission ballfield lighting systems/zones at Service Club Ballfield, Russell Road Ballfield Complex and Wilson Playfields (East Hill Youth Sports Complex) in Kent, Washington as described in the Vendor's proposals dated January 25, 2007 and March 14, 2007 attached and incorporated as Exhibit A. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials. or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services within sixty (60) days. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Sixteen Thousand, Six Hundred-Fifty Dollars and NO/100ths ($16,650 00), plus applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule- Vendor may invoice the City for each ballfield lighting system after it has been installed, commissioned and accepted by the City representative If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or GOODS&SERVICES AGREEMENT- 1 (Over$]0,000 00, including WSST) services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment. Waiver of Claims THE MAKING OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written change order for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that a change order is necessary, Vendor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the change order work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below The Vendor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides A change order that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. GOODS& SERVICES AGREEMENT-2 (Over$10,000 00, including WSST) At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1 The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined, and 5. An analysts of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDORS ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable When defects are corrected, the warranty for that portion of the work shall extend for GOODS & SERVICES AGREEMENT-3 (Over$10,000 00, including WSST) one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIIL WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. GOODS& SERVICES AGREEMENT-4 (Over$10,000 00, including WSST) C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. GOODS&SERVICES AGREEMENT-5 (Over$10,000 00, including WSST) IN WITNESS,the parties below execute this Agreement,which shall become effective on the last date entered below. VENDOR: CITY OF By: By: (signature) (signature) i Print Name: Stan Herr Pn N Maa e. Suzette Cooke Its Lighting Services Sales Representative It or (Title) DATE: DATE: �'q NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Stan Herr Shane Gilbertson, Project Manager Musco Sports Lighting, LLC Kent Parks, Recreation& Community Services PO Box 808 220 Fourth Avenue South Oskaloosa, IA 52577 Kent, WA 98032-5895 (800) 825-6020 (telephone) (253) 856-5115 (telephone) (800) 397-8736 (facsimile) (253) 856-6050 (facsimile) APPROVED AS TO FORM: Keni Law De artment Ballfield Lighting Systems GOODS& SERVICES AGREEMENT-6 (Over$10,000 00, including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement 1, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above By signing below, I agree to fulfill the five requirements referenced above. Dated this 20th day of March 2007. By: For: mu S or Li in LLC Title: Vice President Date: 3Z20/07 EEO COMPLIANCE DOCUMENTS- 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER- 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps. 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS-2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I,the undersigned, a duly represented agent of Musco Sports Lighting,LLC Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as Ballfield Sports Lighting System that was entered into on the (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of ,2007. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS -3 of 3 0000 EXHIBIT A f'T'1U a Field Service Agreement 100 1"Ave West• PO Box 808 •Oskaloosa,IA 52577 Phone (800) 825-6020• Fax (888) 397-8736 This quotation/agreement, dated this25`h day of January,2007 between Musco Sports Lighting,LLC (MUSCO)and City of Kent(COK)provides for the following terms and conditions 1 MUSCO agrees to provide thelabor and materialsto install and commision two new zonesfor the City of Kent Service Ballfieldsin Kent, WA If additional time or materials are needed to complete repairs, a consultation will occur with you prior to proceeding. 2. The fee for the services will be 2,650.00, due Net 30 days from receipt of invoice. Any additional materials needed will be charged at an additional price In additionCOK shall pay and be responsible for when due all local applicable sales, use,franchise, gross receipts, or similar taxes relating to this Agreement If any payment is not made when due, Customer will pay a delinquent charge of-1/2% for each month, or a portion of month,that a past due balance remains unpaid Customer agrees to pay all cost(including reasonable attorney's fees and court costs)associated with collectgiany delinquent amounts due 3. MUSCO,a non-union organization,requiresCOK to arrange and secure all licenses,permits and/or applicable labor contracts with local authorities MUSCO shall not be held responsible for local union labor and any permits, if required 4. MUSCO shall not be responsible for any damages to property resulting from the use of its equipment in anon-negligent manner In addition,COK shall be responsible for notifymg MUSCO of any landscaping or surface aeas that are to be avoided prior to MUSCO setting up its equipment 5. Prices are good for acceptance and delivery for 90 days only,unless such time is extended in writing. If you have any questions regarding the quotation,please call me a800-825-6020 Musco Sports Lighting,LLC City of Kent Stan Herr Shane Gilbertson Lighting Services Sales Representative Project Manager 100 1s`Avenue West 220 4`h Ave S PO Box 808 Kent, WA 98032 Oskaloosa, IA 52577 PH . 253-856-5115 (800) 825-6020 Fax- 253-856-6050 (888) 397-8736 (Fax) 3,� 0000 musg 100 1-tAve West•PO Box 808• Oskaloosa,IA 52577 Phone (800)825-6020•Pax (888) 397-8736 March 14,2007 City of Kent 220 4",Ave S Kent,WA 98032 Re Control-Link Cost Estimate—Russell Road Ballfield Complex Dear Shane, Here is the Control-Link Estimate that you requested for Russell Road Ballfield Complex This quote includes the following Equipment ➢ (1)Remote Equipment Controllers (REC's) ➢ (Up to 8)Remote Off/On Auto Switches (Zones MUST be identiited pnor to ordenng) ➢ (1)Remote Switch Box Zone 1 BB-A Zone 2 SB-B Zone 3 SB-C Zone 4 SB-D Zone 5 SB-E Zone 6 Walkway?? Zone 7 Security?? Zone 8 ??>?????> ➢ 5 year warranty on all equipment ➢ All freight costs Equipment Price$5,500 00 Equipment Installation ➢ Turnkey installation of all components by Musco Technicians ➢ Activation and testing of systems to ensure all units are fullv functional and operational Installation Price 81 500 00 10 Years Control Luck Central Service(CLC) ➢ 24/7 toll free access to CLC customer scheduling operators ➢ Access to Musco Control Link Scheduling Website ➢ REC operations and Website Training for your scheduling staff Total Equipment & Installation with 10 years of Services"57,000.00* Price assumes contactors are existing. If contactors are required they can be purchased at an additional cost. *Please add applicable sales tax Freight has been included Please feel free to call me to discuss any questions or concerns that you may have Sincerely, Stan Herr Lighting Services Sales Representative 0 Musco Li M Lighting 3 0000 MUSPO 100 Pt Ave West•PO Box 808•O,kaloosa,IA 52577 Phone '800)825-6020• I,ax (888)397-8736 March 14,2007 City of Kent 220 41h Ave S Kent,WA 98032 Re Control-Link Cost Estimate—East Hill Youth Sports Complex Dear Shane, Here is the Control LinkEstimate that you requested for East Hill Youth Sports Complex This quote includes the following Equipment ➢ (1)Remote Equipment Controllers (REC's) ➢ (Up to 8)Remote Off/On Auto Switches (Zones MUST be identdied prior to ordering) ➢ (1)Remote Switch Box Zone 1 N BB Outfield Zone 2 S BB Infield Zone 3 S Outfield Zone 4 SB Infield Zone 5 N BB Infield Zone 6 Walkway�> Zone 7 Security Zone 8 ➢ 5 year warranty on all equipment ➢ All freight costs Equipment Price$5 500 00 Equipment Installation ➢ Turnkey installation of all components by Musco Technicians ➢ Activation and testing of s�stems to ensure all units are fully functional and operational Installation Pnce$1,500 00 10 Years Control Link Central Service(CLC) ➢ 24/7 toll free access to CLC customer scheduling operators ➢ Access to Musco Control Link Scheduling Website REC operations and Websue Training for your scheduling staff Total Equipment & Installation with 10 years of Service: 27,`000.00* Arice assumes contactors are existing. If contactors are required they can be purchased at an additional cost. *Please add applicable sales tax Freight has been included Please feel free to call me to discuss any questions or concerns that you may have Sincerely, Stan Herr ^ 3 � Lighting Services Sales Representative I O Musco Lighting ILA EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned,non-owned,hired and leased vehicles Coverage shall be written on Insurance Sery ices Office(ISO)form CA 00 01 or a substitute form providing equivalent liability coverage If necessary,the policy shall be endorsed to provide contractual liability coverage 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liabilityarisin from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident 2 Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate and a$1,000,000 products- completed operations aggregate limit C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain,the following provisions for Automobile Liability and Commercial General Liability insurance 1. The Contractor's insurance coverage shall be primary insurance as respect the City Any Insurance,self- insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty(30)days prior written notice by certified mail,return receipt requested, has been given to the City 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability)as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance The City reserves the right to receive a certified copy of all required insurance policies The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought,except with respects to the limits of the insurer's liability D. Acceptability of Insurers Insurance is to be placed with insurers with a current A M Best rating of not less than A VII E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement,evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. ' ACORDr, CERTIFICATE OF LIABILITY INSURANCE DA/20/07 DDVY) 03J20J0 PRODUCER 1-800-247-7756 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Holmes Murphy & Assoc - WDM ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 9207 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Des Moines, IA 50306-9207 INSURERS AFFORDING COVERAGE INSURED INSURERA St. Paul Fire & Marine Insurance Com an A %V Musco Sports Lighting, LLC Attn: Raryl Thomas INSURERS Employers Mutual Casualty Co. A- X INSURERC Employers Mutual Casualty Co. A- X P 0 Box 808 INSURER D Oskaloosa, IA 52577 INSURER COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR POLICYEFFECIIVE POLICYEXPIRATION TYPE OF INSURANCE POLICY NUMBER LIMITS B GENERAL LIABILITY 2D5362507 07/01/06 07/01/07 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fre) $300,000 CLAIMS MADE 1XI OCCUR MED EXP(Any one person) $15,000 X Contractual L1ab PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN L AGGREGATE LIMITAPPLIES PER PRODUCTS-COMPIOPAGG $2,000,000 POLICY X PRO- E7Lac B AUTOMOBILE LIABILITY 2E5362507 07/01/06 07/01/07 COMBINED SINGLE LIMIT $1,000,000 B X ANY AUTO 2T5362507 07/01/06 07/01/07 (Ea wadent) C ALL OWNED AUTOS 2N5362507 07/01/06 07/01/07 BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per acadent) $ PROPERTY DAMAGE $ (Per 8=denl) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ A EXCESS LIABILITY QK055001137 07/01/06 07/01/07 EACH OCCURRENCE $1,000,000 X OCCUR CLAIMS MADE AGGREGATE $1,000,000 a oEDUCTtBLE $ RETENTION $ $ B WORKERS COMPENSATION AND 2MS362507 07/01/06 07/01/07 X I WC STATU- TORY OTH- B EMPLOYERS LIABILITY 2H5362507 07/01/06 07/01/07 EL EACH ACCIDENT $500,000 El DISEASE-EA EMPLOYE $500,000 EL DISEASE-POLICY LIMIT $500,000 OTHER B Leased/Rented Equipment 2CS36250 07/01/06 07/01/07 Limit 300,000 Dad./Special Form 2,500 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS RE: East Hill/Russell Road Control Link Retrofit, Protect No 126292. The City of Rent as named as an additional insured on the GL as respects work performed by or on behalf of the named insured. CERTIFICATE HOLDER ADDITIONAL INSURED,INSURER LETTER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Rent DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO 50 SHALL 220 4th Avenue South IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES Rent, WA 98032 AUTHORIZED REPRESENTATIVE USA ACORD 25S(719T) ssteinbachwdsm O ACORD CORPORATION 1988 5820158 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon ACORD 25-S(7197) COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - INCLUDING COMPLETED OPERATIONS This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: ANY AND ALL OWNERS, LESSEES OR CONTRACTORS Project: ANY AND ALL PROJECTS Location of Project: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) SECTION 11 — WHO IS AN INSURED is amended to include as an additional insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work"performed for that additional insured at the location designated and described in the Schedule of this endorsement_ CG7193(1-01) d Includes copyrighted material of ISO Properties,Inc.with its permission Page 1 of 1 ICOMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - CONSTRUCTION CONTRACTS This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION 11 — WHO IS AN INSURED is amended to (2) That portion of "your work" out of which include as an additional insured any person or the injury or damage arises has been put organization for whom you are performing operations to its intended use by any person or when you and such person or organization have organization other than another contractor agreed in writing in a contract or agreement that such or subcontractor engaged in performing person or organization be added to your policy and operations for a principal as a part of the where a Certificate of Insurance showing that person same project. or organization as an additional insured has been S. The limits of insurance applicable to the additional issued. insured are those specified in the Declarations of The written contract or agreement must be: this policy or in the written contract or agreement, (a) currently in effect or becoming effective during whichever is lower. These limits of insurance are the term of this policy;and inclusive of and not in addition to the limits of (b) executed prior to the "bodily injury" or insurance shown in the Declarations. "property damage." 4. The insurance provided to the additional insured The insurance provided to the additional insured is does not apply to "bodily injury,' "property damage" or "personal and advertising injury" limited as follows: arising out of an architect's, engineer's, or 1. That person or organization is an additional surveyor's rendering of or failure to render any insured only with respect to liability arising out of professional services including: a." your ongoing operations performed for that a. The preparing, approving, or failing to prepare additional insured by or for you. A person's or or approve maps, drawings, opinions, reports, organization's status as an insured under this surveys, field orders, change orders or design endorsement ends when your operations for that and specifications; and additional insured are completed. 2. With respect to the insurance afforded to these b. engineSupervering inspection, architectural or additional insureds, the following exclusion is engineering activities. added: 5. Any coverage provided hereunder shall be excess This insurance does not apply to "bodily over any other valid and collectible insurance injury' or"property damage"occurring after: available to the additional insured whether primary, excess, contingent or any other basis, (1) All work, including materials, parts or unless a contract specifically requires that this equipment furnished in connection with insurance be primary, or you request that it apply such work, on the project (other than on a primary basis. service, maintenance or repairs) to be 6. All other terms and conditions of this policy remain performed by or on behalf of the unchanged. additional insured(s) at the site of the covered operations has been completed; or SAS Includes copyrighted material of ISO Properties,Inc.with its permission.