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Home My WebLink AboutPK18-459 - Original - Daktronics, Inc. - Replacement Scoreboard & Timers at Hogan Park - 12/17/2018 KENT Records Management Document CONTRACT COVER SKEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. If you have questions, please contact the City Clerk's Office at 253-856-5725. Vendor Name: Daktronics Inc. Vendor Number (]DE): 34710 Contract Number (City Clerk): Category: Contract Agreement �1 Sub-Category (if applicable): K_1 g - 145 I Project Name: Replacement Scoreboard and Timers for Hogan Park at Russell Road Contract Execution Date: 12/12/2018 Termination Date: 04/01/2019 Contract Manager: Ben Levenhagen Department: Park Operations Contract Amount: $31 .367.60 Budgeted: Grant? Part of NEW Budget: 0 Local: UState: UFederal: Related to a New Position: 0 Basis for Selection of Contractor? Bid: 8 Small Works Roster: Direct Negotiation: RFP: Quotes: F Approval Authority: 0 Director O Mayor O City Council Other Details: _.. ......_..._.............. New scoreboard for Field 2 at Hogan Park at Russell Road, located at 24400 Russell Road, Kent WA 98032, Also includes one new four-digit time clock for Field#1 scoreboard and four two-digit timers for Fields 2 thru 5,. `�✓ �OT PUBLIC WORKS AGREEMENT between City of Kent and DAKTRONICS INC THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Daktronics Inc, organized under the laws of the State of South Dakota, located and doing business at 309 South Cloverdale, Suite B-27, Seattle, WA 98108. Mailing address: P.O. Box 5128, Brookings, SD 57006-5128. Contact: Kyle Williams, Phone: 206-612-8384, Fax: 605-697-4746, Email: Kyle.Williams@daktronics.com., (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: Purchase and installation of replacement scoreboard for Hogan Park at Russell Road, Field 2, located at 24400 Russell Road, Kent, WA 98032 with a 4-digit timer for Field 1 and 2-digit timers for Fields 3-5 as described in attached Quote #449933-4-3 attached and marked as Exhibit A. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon execution of this Agreement. Upon the effective date of this Agreement, Contractor shall complete the work described in Section I by April 1, 2019 III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed THIRTY ONE THOUSAND THREE HUNDRED SIXTY SEVEN DOLLARS AND SIXTY CENTS ($31,367.60), including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City's payment shall not constitute a waiver of the City's right to final inspection and acceptance of the project. A. Pavment and Per€ormance Bernd. Pursuant to Chapter 39.08 RCW, the Contractor, shall provide the City a payment and performance bond for the full contract amount. B. Rgt@inage. The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under PUBLIC WORKS AGREEMENT - 1 (Over$20K, but$65K or Less, and Performance Bond) Chapter 60.28 RCW, whichever is later. The amount retained shall be placed in a fund by the City pursuant to RCW 60.28.011(4)(a), unless otherwise instructed by the Contractor within fourteen (14) calendar days of Contractor's signature on the Agreement. C. Defectiveor UnauthorL Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Pa m nt: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: PUBLIC WORKS AGREEMENT - 2 (Over$20K, but$65K or Less, and Performance Bond) A, The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D, The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or PUBLIC WORKS AGREEMENT - 3 (Over$20K, but$65K or Less, and Performance Bond) otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. ,dc ro a s1 . The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. 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. C n r knr� D4aty to Complete Pro-tgestO Wpr . In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Pro;est Caryitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. 1`4111-0�Eallow Procedures Constitutes iv By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. Contractor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. The Contractor shall promptly correct all defects in workmanship and materials: (1) when Contractor knows or should have known of the deflect, or (2) upon Contractor's receipt of notification from the City of the existence or discovery of the defect. -Irr the--event-an rta are--repaired-o replied enly arigrrral-replacement--parts �VN y sha44 be krsed—milt or used party wdlN not be-aeceptalale:-- W-hen-defects-are-eer-reeted;--the-Saar-ranty-far I ` ghat pertion 04 -he work shall-e*terms f'or, "-addittonai--ye-at beyond t4 rigafta4 ewarraraty period applicable to the-overall wwerk. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within 1 'AN) PUBLIC WORKS AGREEMENT - 4 (Over$20K, but$65K or Less, and Performance Bond) a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XII. INDEMNIFICATION. Contractor shall defend, 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 Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's duty to defend, indemnify, and hold the City harmless, and Contractor's liability accruing from that obligation shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. MISCELLANEOUS PROVISIONS. PUBLIC WORKS AGREEMENT - 5 (Over$20K, but$65K or Less, and Performance Bond) A. Recyclable Mater_c i'als,. 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. Nan-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. G. Enure 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. COMIDl'lance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Contractor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Contractor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. Cituense Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. PUBLIC WORKS AGREEMENT - 6 (Over$20K, but$65K or Less, and Performance Bond) K. un -darts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. -- --..... ...................... ...- _ CONTRACTOR: CITY OF KENT: (signature) (sig�raCu ) Print Name _9 -w,a g Print Name: Dana Ral_oh Its 4, w C .l' „.., . .W Its Mayor (title) DATE: I' , ' ,:a a fir' DATE: .' _ ._...,........ ........... - _,_............... _ ..... NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Kyle Williams Ben Levenhagen Daktronics Inc P.O. Box 5128 Support Services Field Supervisor Brookings, SD 57006-5128 (206) 612-8384(telephone) (605) 697-4746(facsimile) City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5133 or (telephone) (253) 508-9548 (cell) ...... (253) 856-6120 (facsimile)-- ................. ............ VDepartment -� Kent City Clerk PUBLIC WORKS AGREEMENT - 7 (Over$20K, but$65K or Less, and Performance Bond) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing„�elow, I agree to fulfill the five requirements referenced above. For:_. -`f i f ` -" (I "� (1 Title: — .w _Y h ...co v A Date:.......... EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of,_ (" Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. ti ...... For: Title �.., Date: $Yt.m'�... . ..f,. �' �_ .._.........._ ...._....._._. EEO COMPLIANCE DOCUMENTS - 3 BIDDER RESPONSIBILITY CRITERIA Certification of Compliance with Wage Payment Statutes This certification is required by state law (RCW 39.04.350(2)) to be submitted to the City before the contract can be awarded. The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date (October 26, 2018), the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. DAKTRONICS INC By: ___ ��P+ Signature of Authorized Official* Printed Name: � Title: .._..... p _ ._.........__ Date:__. u .-......m............ City and State: ._ *If a corporation, proposal must be executed in the corporate name by the president or vice- president (or any other corporate officer accompanied by evidence of authority to sign). If a co- partnership, proposal must be executed by a partner. BIDDER RESPONSIBILITY CRITERIA - 1 EXHIBIT A DAKTRONICS QUOTE Russell Road Park 26/Oct/2018 Greg Highsmith Quote valid for. 90 days 24400 RUSSELL RD Terms: Net 30 days from shipment with KENT, WA USA98032 Purchase Order Phone. (253)740-7081 Subject to Credit Review Fax FCA: DESTINATION Email: ghighsmith@kentwa gov Delivery: Call For Production Time Reference: Replacement Scoreboard for Hogan Park at Russell Road, Field 2 with 4-digit timer for Field 1 and 2-digit timers for Fields 3-5 Item Model Description Qty Price No. 1 BA-2017-R-PV-F PanaView@ Baseball/Softball Scoreboard;Scoreboard Color: 1 $22,813.00 Fsa'o.st 8750; Caption Color: ( uto , Caption Choice (Pitch Count,At Bat, HIE, or Time): jdlal� Cabinet Dimensions. 6 0"H X 14'0"W X 0'8''D(Approx. Dimensions) Digit Type. PANAVIEW Digit Color: RED Max Power. 300 wattsldisplay Weight. Unpackaged 300 Ibs per display, Packaged 616 Ids per display Stripe, OA-1091-0185 Border Stripe for BA-2017 Scoreboards, Color: WI tile 1 Outdoor Scoreboard Wire Communication Type: Wire(Cable not included) 1 Communication AS-1600 Kit All Sport@ 1600 Control Console Kit 1 I-Beam Mounting Method (A) For 21-Beams 1 LED Digit Protective Screens Protective screen for outdoor LED scoreboards digits-BA-2017 1 for BA-2017-11/21 FREIGHT Shipping to site for BA-2017-Does not include Optional Items 1 Comments Add flour-digit timer to field one scoreboard for count-up application, 1 Operate from existing control console ID 30 x192 O Wth Drop-In 30in x 1611 non-backlit sponsor/identification panel with drop-in TI- 1 TI-2019-A or-R 2019-R Weight: Unpackaged 165 Ibs per display;Packaged 225 ids per display Angle Clamp Mounting For 2 Tubes 1 Method (A) Outdoor Scoreboard Wire Communication Type: Wire(Cable not included) 1 Communication W-1077 One-Pair 22 AWG Stranded-Shielded Control Cable-Scoreboards 20 LED Digit Protective Screens Protective screens for TI-2019 1 for(1) Four Digit Timers FREIGHT Shipping to site for TI-2019 with ID-Does not include Optional Items 1 Physical Installation See attachment A. 1 System Startup Final Commissioning of Equipment 1 201 Dak SI s Drive Quote#449933-4 Rev 3 Brookings, SD 57006 USA www.daktronics,com Page 1 of 4 DAKTRONICS DAKTRONICS QUOTE Bonds 1 2 TI-218-R-PV Outdoor PanaView®Two Digit Timer; Standalone Unit 3 $5,703.00 Cabinet Dimensions: 2 0"H X 3'0"W X 0'6"D(Approx,Dimensions) Digit Type: PANAVIEW Digit Color RED Max Power. 150 waltsldisplay Weight: Unpackaged 16 es per display;Packaged 55 Ids per display "NOTE"This scoreboard is 1 also available in Amber and White. Outdoor Scoreboard Wire Communication Type. Wire(Cable not included) 3 Communication Angle Clamp Mounting For 2 Tubes 3 Method (A) W-1077 One-Pair 22 AWG Stranded-Shielded Control Cable-Scoreboards 50 LED Digit Protective Screens Protective screens for a Two Digit LED Outdoor Timer-TI-218 3 for(1)Two Digit Timer FREIGHT Shipping to site for TI-218-Does not include Optional Items 1 3 Taxes Subject to change-10% 1 $2,851.60 Services 4 05C5-W Five Year Warranty -Parts Coverage -G5G5 1 Total Price Including Sales Tax: $31,367.60 Please reference listed sales literature. DD1628383 for G5C5-W,DD1757007 for TI-218-R-PV, DD2118169 for BA-2017-R-PV-F,SL-04352 for AS-1600 Kit, SL-04939 for LED Digit Protective Screens for(1) Four Digit Timers, SL-04939 for LED Digit Protective Screens for(1)Two Digit Timer,SL-04939 for LED Digit Protective Screens for BA-2017-11121 Brookings Dings ID Drive Quote#449933-4 Rev 3 Brookings, SD 57006 USA www.daktronics.corn Page 2 of 4 DAKTRONIC6 DAKTRONICS QUOTE # 449933-4-3 Leasing Program If your purchase exceeds$25,000,you may qualify for par leasing program allowing you more Flexibility to spread out the cost of your Daktronics display over of a,per'iod up to five(5)years. Benefits of our leasing program include fixed rate financing,non appropriation clause,no prepayment penally,and customuzable payment schedules, Plus,at the enid Of the lease,the equipment is yours to keep with no additional baboon payments, Sample payment options as follows. $50,000 in total equipment cost mm$10,700 per year I $1 D0,000 In total equipment cost=$21,199 per year $250,000 dm total equipment cost=$52,899 per year "Payments based on yearlannual payment in advance structure. Leasing is subject to credit approval and agreed upon documentation with Daktronics lending partner, Contact your Daktronics representative for additional options and details. Exclusions: -Structure -Power -Hoist -Engineering Certification -Labor to Pull Signal Cable -Applicable Permits -Electrical Switch Gear or Distribution Equipment -Front End Equipment unless axpessly stated ofheloade in this Cable 0 449933.4 Rev 3 or the atiarhimemts"if Duktronita performs Vmstalli of the Equipment,the price quoted doe's net include the rollovang services g e ryining to Physical installations digging of feelings(lmcoudl'ng tlm removal,any materials febrsopecon,Installation of steel ragas.renar,or bolt attachments,of rearing and finishing of concrete faabrugs.These serum maybe provided for an additional door beyond he quoted Price. Purchaser shall be fully responsible for any and all additional costs plus overhead tin She event anything unexpected of any mature whatsoever Is round while digging the footings acluf ing but are no Ilmfted 10 rock,water,utility tines,pipes ur any a1,Mur unforoeean cirucrostenee.The Purchaser rr knm sv;yges and agrees that it its fully responsible for all site condillons. Installation Responsibilities: If applicable please reference Arachri for Installation Responsibilities, AcUID Copy Approval Process Daktronics will process your proofs an orders that include advertising and identification panels your digital files and copy layouts should conform to graphic file standards document,SL-04116,The digital data files and copy layouts must be submitted at the time of your order and our proofs need to be approved two weeks prior to your initial anticipated ship date.Advertising and identification panels not receiving proof approvals in time will be shipped without copy in ourslandard finishfil-- Bwzv/ Kyle Williams Gary Delaney PHONE: 206-612-8384 PHONE: 605-692-0200 FAX:605-697-4746 FAX 605-692-0381 EMAIL. Kyle.Williams@daktronics.com EMAIL, Gary.Delaney@daktronics.com Terms And Conditions: The Terms and Conditions which apply to this order available on request. SL-02375 Standard Terms and Conditions of Sale (www.daktronics.com/terms_conditions/SL-02375.pdo SL-02374 Standard Warranty and Limitation of Seller's Liability (wwwdaktronics.com/terms_conditions/SL-02374.pdo SL-07862 Software License Agreement (www,daktronics.com/terms_conditions/SL-07862.pdO SL-04116 Graphic File Standards (www.daktronlc .com/terms_Conditions/SL-04116.pdo Acceptance: The Undersigned has actual authority to execute this document and Daktronics,Inc is relying upon Such authority - The parties hereby acknowledge and agree that the terms and conditions contained within this Quote along with the terms and conditions of the Daktronics Standard Terms and Conditions the Standard Warranty and Limitations of Liability,andior the Soffware License Agreement ltogethfai the"Terms any Conditions")constitute the fuii and final understanding of the panics regarding the sale ad equipment andfor the provision of services and entirely replace and supersede any previous understanding.or agreement bee,asen the parties.By executing this agreement.Purchaser acknowledges insult has had opportunity and means to review the Teams and Conduans an provided in the weosde addresses above'..In the alternative.harocapy of these Terms and Conditions will be provided upon request Ponder it is acknowledged and agreed that rife pride of the equipment anddar he provision of serviced Contained within this agreement are expressly conditioned upon Purchaser's acceptance at the Terms and Corldifionswifhouf change.Any mdhificatlioru of the Terms antl Conditions may require a corresponding change in price.Accordingly,the Purchaser acknowledges and agrees to these Terms and Condition,,as ovideroed by his aftestaYdan beoaw. Customer Signature Data Print Name Title 201 Daktronics Drive Quote#449933-4 Rev 3 Brookings, SID 57006 USA www.daktroninics..Cohn Page 3 of 4 DAKTRCNIC9 DAKTRONICS QUOTE Purchase Order Information; Russell Road Park PO# PO Date Purchaser hereby confirms that the equipment is to be delivered to, and may be installed by Purchaser or Daktronics(as indicated elsewhere herein)at the address indicated on page one(1)of the agreement unless otherwise specified below. ® Same as Bill to F] Same as Ship to Ship To: End User: _... Company `Company Contact Person Contact Person Address Address City "City State Zip "State *Zip Telephone Telephone Fax Fax Email Email 'Required Information BILL TO (if different from quoted address): Company Contact Person Address City State Zip Telephone Fax Email 201 Daktronics Drive Quote#449933-4 Rev 3 Brookings, SD 57CO6 USA www.daktroninics comcom Page 4 of 4 r➢AKTRONICS ATTACHMENT Outdoor Responsible Party DescriptionDukt/onirs Customer DAKTRONICS QUOTE 449933-4-3 MAIN 23.Provide a climate controlled and secure control room for all control systems. Normal operating temperature should be between 40'to 900 Fahrenheit (40 to 320 Celsius). Normal operating humidity should be less than 80%non-condensing.Storage temperature should be between -10'to 1050 Fahrenheit (-23°to 41°Celsius).Storage ✓ humidity should be less than 95%non-condensing. Keep computers and monitors out of direct sunlight during storage. Allow control equipment taken out of storage to return to operating temperature range prior to turning it on (24 hours recommended). ✓, 24.Required power outlets on clean dedicated circuit(s) for all scoring and control equipment. ✓ 25.Unpack.set-up, hook-up, and testing of control system. ✓ ✓ 26.Provide personnel for maintenance and operator training. ✓ 27.Perform maintenance training during installation. ✓ 28.Perform operator training. ✓ 29.Perform final systems testing and commissioning. ✓ 30 Final acceptance per DF 1252. ✓ ✓ 31 Walk thru inspection at Substantial Completion and identification of punchlist Items ✓ 32 Completion of punch list items. NOTE: All change order work performed by Daktronics or Daktronics subcontractor will be performed at cost plus 20% overhead and profit. 201 Daktronics Drive Quote # 449933-4 Rev 3 Brookings, SD 57006 USA v ww.daktronics.com Page 2 of 2 W D^KTRONICS i KENT PAYMENT AND PERFORMANCE BOND was N`.o. TO CITY OF KENT Bond No. 82462366 KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, �aktronics. Inc. as Principal, and Federal Insurance Company a Corporation organized and existing under the laws of the State of Washington, as a Surety Corporation, and qualified under the laws of the State of Washington to become Surety upon bonds of Contractors with Municipal Corporations, as Surety, are jointly and severally held and firmly bound to the CITY OF KENT in the penal sum of $ 31,367.70 , together with any adjustments, up or down, in the total contract price because of changes in the contract work, for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators or personal representatives, as the case may be. This obligation is entered into in pursuance of the statutes of the State of Washington, and the Codes and Ordinances of the CITY OF KENT. Nevertheless, the conditions of the above obligation are such that: WHEREAS, under and pursuant to a motion, duly made, seconded and passed by the City Council of the City of Kent, King County, Washington, the Mayor of the City of Kent has let or is about to let to the above bounden Principal, a certain contract, the said contract providing for construction of Purchase and installation_of replacement scoreboard * (which contract is referred to herein and is made a part hereof as though attached hereto), and *for Hogan Park at Russell Road, Field 1 and 2-digit timers for Fields 3-5 WHEREAS, the Principal has accepted, or is about to accept, the contract, and undertake to perform the work therein provided for in the manner and within the time set forth: NOW, THEREFORE, for non-FHWA projects only, if the Principal shall faithfully perform all the provisions of said contract in the manner and within the time herein set forth, or within such extensions of time as may be granted under the said contract, and shall pay all laborers, mechanics, subcontractors and material men, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work and shall indemnify and hold the CITY OF KENT harmless from any damage or expense by reason of failure of performance as specified in said contract or from defects appearing or developing in the material or workmanship provided or performed under said contract, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their separate seals. The name and corporate seal (if required by PAYMENT AND PERFORMANCE BOND Page 1 of 2 law) of each corporate party is hereto affixed and duly signed by its undersigned representatives pursuant to authority of its governing body. TWO WITNESSES: Daktronics, Inc. _ PRINCIPAL (enter principal's name abov /L✓ L _� ' TITLE: DATE: November 5, 2018 DATE: November 5, 2018 j. CORPORATE SEAL: PRINT NAME DATE: November_5;2018 _ Federal Insurance Company SURE CORPORATE SEAL: BY: ,, DATE: NnyPmDer.5, 2018 TITLE: Laurie Pflug, Attorney-in-fact ADDRESS: 8000 Norman Center Dr., Bloomington, MN 55437 CERTIFICATE AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within Bond; that ?r, 5,-1, n i ,4,L Who signed the said bond on behalf of the Principal ._ � { t_._. sS G if Of the said Corporation; that I know his signature thereto is genuine, and that sa` Bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. SECRETAR R ASSIST NT4SECTARY PAYMENT AND PERFORMANCE BOND Page 2 of 2 DAKTRONICS SECRETARY'S CERTIFICATE I, Carla S. Gatzke do hereby certify that: I am the Secretary of Daktronics Inc. (hereinafter the "Corporation;") and that as such I am authorized to execute this certificate on behalf of the Corporation in my capacity as the Secretary of the Corporation and do hereby certify that the Amended and Restated Bylaws of Daktronics Inc Article VII, Section 8.3,state that the Corporation shall have no corporate seal. Amended and Restated Bylaws of Daktronics were submitted with ourform 10-Kfiscal year 2013. O Carla S. Gatzke; Secs TO ALL TO WHOM THESE shall come.I,Audrey L. Kress, NOTARY PUBLIC duly authorized,admitted and sworn,.practicing;at South Dakota, United State.,America. DO HEREBY CERTIFY that: The above signature is Daktfonics Secretary,Carla Gatzke is indeed true and ariginaI. IN TESTIMONY where I have Subscribed my name and affixed My Seal of Office this 30th day of January,2017 Notary Publics Audrey Kress County of Brookings State of South Dakota SEAL ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF HENNEPIN On this 5th day of November, 2018 before me personally appeared Laurie Pflug to me known, who being by me duly sworn, did say that she is the aforesaid Attorney-in-Fact of the Federal Insurance Company, a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by the aforesaid officer, by authority of its Board of directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. Notary Public, (Notary Seal) / #tic BURISOTA1131120 Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Know All by These Presents,That FEDERAL INSURANCE COMPANY,an Indiana corporation,VIGILANT INSURANCE COMPANY,a New York corporation,and PACTIF1C INDEMNITY COMPANY,a Wisconsin corporation,do each hereby constituteand appoint Daniel R. Boerboom,Barbara L. Ra edeke and Laurie Pflug of Bloomington,Minnesota---------____—----------—_._-----------—---_-------—._------------—_—------------___-----------_—___________ each as their race and lawful Attorney-in-Fur to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any instruments amending or altering the same,and consents to the modification or alteration ofany instrument referred to in saidboncis c r obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 12s day of July,2018. iirYo lLChlrt lsistaOtSttl'cmry �� stµrhotAiH-mcy'.Vice PrLsklcut w STATE OF NEW JERSEY Countyoffluaterdon ss. On this 12-day of July,2018 before me,a Notary Public of New Jersey,personally came Dawm M.Chloros,to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the companies which executed the foregoing Power of Attorney,and the said Dawn M. Chloros,being by me drily sworn did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies;and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority;and that she is acquainted with Stephen M. Haney,and knows him to be Vice President of said Companies;and that the signature of Stephen M.Haney,subscribed to said Power of Attorney is in the genuine handwriting of Stephen M.Haney,and was thereto subscribed by authorityofsaid Companies and in deponent's presence, Notarial Seal n KATHERINE J.ADELAAR p¢TA NOTARY PUBLIC OF NEW JERBEY No.331asF5 J'U6LtE Oomi msese EApvaa July te,20f9 tMubs3Y'u011sr CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY on Atysyst 30,2016: 'RESOLVED,that the following authorizations relate to the execution,for and onbehalfofthe Company,ofbonds,undertakings,reregNzances,contracts and other written commitments ofthe Company entered into in the ordinary camse ofbcameses(each a"written Commitment'): (1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Arritten Commitment for and onbehalfefthe Company,under the seal ofthe Company or otherwise, (2) Each duly appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment for and on bebaff of the Company,under the seal of the Company or otherwise,to the extent thatsuch action L a nlamizedby the grant ofpowersprovlded for in suchperson's written appointment assuch attorney bit fact (3) Each of rite Cbairman,die President and the Vice Presidents of the Company E hereby andanneed,for and an behalfofthe Company.to appointfnwinhot any person the amovey in fact of the Company with full power and auharay,to execute,for and on behalfofthe Company,under the seal close Company or otherwise,such Written Commitments of the Company as may be specified in such written appointment,which specification maybe by general type or class of Written Commitments or by specification of one or more particular written Commitments. (a) Each of the Chairman,the President and the Vice Presidenu of the company is hereby authorized,for and on behalfofthe Company,to delegate in writingto any other officer of the Company the authority to execute,for and on behalf of the Company,under the Company's seal or otherwise such Written Commitments of the Company is are specified in such written delegamon,which specification may be by general type or class of Written Commitments or by specification efone or more particular Written Commitments. (5) The signature ofany officer or other person executing any Written Commitment or appointment or deleLzfion pursuant to this Resolution,and the seal ofthe Company,may be affixed by Facsimile on such Written Commitment or women appointment or delegation FUJ ILR RESOLVED, that the foregoing Resolution shall not he deemed to bean exclusive ontereentofthe powers and authority ofohicen,employees and other persons to an For and on behalf of the Company,and such Resolution shall not Hurt ar othenvJse affect the exercise of any such power or.mthority olhcrwlI granted or vested.' I Dawn M.Chloros,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY(the"Companies`)do hereby certify that (d the foregoing Resolutions adopted by the Baud afDirectors ofthe Companies are true,correct and in full force and effect, (a) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S.Treasury Department;further,Federal and Vigilant are licensed in the U.S.Virgin Islands,and Federal is licensed in Guam,Puerto Rico, and each ofthe Provinces of Canada except Prince Edward Island;and (if) the foregoing Power ofAttorney is true,correct and in full force and effect. Given under myhand wait seals ofsaid CompazuiesatWhitehouse Station,NJ,this November 5, 2018 Pun .: ,�wr,.rsE 8tiSc� *'a••^ wns' tefmu tl s ItI •� A,vlss3m ctrcLafy' ............... IN TIM EVENT YOU WISH TO VEh1FYTHEAUTHENTICITY OP THIS BONG ORNOTIFY US OFANY OTHERMATTER PLEASE CONTACT US AT. Tdcohone(908),903 3493 For,(908)903-36SB a ur-mail:sersochubhoarn Form 15-10-0225B-➢ GENCONSENT(rev.12-1E) 11/21201 S about:blank State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date: 11/2/2018 County. Trade ,labClassification Wage sd1ote King Signv Akcers at insta[pers Journey Level $49.70 0 1 ltl ri ), about:blank �� 11/2/2018 Apprentice Wage Rates for Public Works Contracts Search L&I /index Eielp .. iaiely A HPallh Claims& Insura tce 1P/orkplace Rlghls Trades& Licensing Home Trades&Licensing Prevailing Wage Prevailing Wage Rates Look Up,Print and/or Download Journey Level Rates Washington State Department of Labor & Industries Prevailing Wage Rates for Public Works Contracts ID Help for this page Look Up Apprentice Wage Rates Apprentn,snredefinedae thornwmW:ra for whom an ep,.oriership agreesnmot Isau been"'itoan:dnad up,e,,,d hp fhe,r upp,eutn sjoy court k tritder tM,p law auy"hnlpur'm otl er tyN wEwsaCstunroadrO Lm nok rey'.t.ra;rd wid�[hc Wastdnldtn Ctate Art nYceshnp extd Y'r<nuutg Q;on ail(\VJh'1'C)ia¢ he cons4daewiof ltyquntilleetfomrneq lrve]wearkar andntmnt kae PniA ilrefixlllfoeu'nsy--0evI ,a,Woekars cgirteredmilh the WSA FIC are entltled to the Prevailing,, rate,for an appreotion of db.n trade. Important Note about Rates:Choosing correct worker clessificabons depends upon detc=arorfions published by L&L Review our Determinations, Look up PTe VJI Wage rates with effective darns as far back us March p,sgga. O Which rates(effective date)should you select? (+)When are Prevailing Wage rates updated? Select County select Trade King ♦ Stan Makers&Installers Wectncall . Effective Date: 11/2/201$ kNti Get Wages 11 JJourryLevel Wages The prevailing Wage program is not aware of or has not identified that an apprentice program is available for the Trade and County you have selected. If you believe this is an error please contact our staff at (360)902.5335 and ask for a PWIA administrator. ©Washington State Dept,of Labor&Industries.Use of this site Is subject to the laws of the stale of Washington. Help us irnprmre https://fortress wa.gov/Ini/wagelookup/ApprenticeWageLookup,aspx tit 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. 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 City shall be named as an Additional 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. 2. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 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. Commercial General Liability insurance shall be written with Limits no less than $2,000,000 each occurrence, 2,000,000 General aggregate and a $2,000,000 products-completed operations aggregate limit. 2. Automobile Lia ility insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. EXHIBIT B (Continued) 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. A RQ hS CERTIFICATE OF LIABILITY INSURANCE D1ATE 110 7MIDOIvrrY) 1/o /tole THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES j '.. BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-612-509-1956 CONTACT Jordan Holland USI Insurance Services "' _-- _-- PA ,N 612-509 1956 FAX 1A1C....M1a.Cxk) ... .�l !D,mwti➢ E"NAIL Jordan.Helland®usi.com 800 Norman Center ➢rive ADORERS Suite 400 SU INRE GE RSAFFORDING COVERAGE NAIC# _ .. ..... ..__ ..._, ..... ..,_ Bloomington, PIN 55437 INSURER A: TRAVELERS IN) CO OF CT 256B2 INSURED INSURER B: TRAVELERS PROP CAS CO OF AMER 25674 .... -_. ...... .. ........ ._._._._. ➢aktIOnic s, Inc. INSURER TRAVELERS IND CO 25658 201 Dak CrOnl CB Drive _INSURER❑ TRAVELERS IND CO OF AMER 25666 ''... _— __..... .... _ ___ ....... ...... PO Be. 5126 INSURER E: Brookings, SO 57006-5128 INSURER F- COVERAGES CERTIFICATE NUMBER: 54539638 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED HY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ,. .... .. AODL Wye ___, U.. h nibLIOY EFF POLICY E%P LIMITS LTR TYPE OF INSURANCE INSn wvn POLICY NUMBER (MW9DIYYYYI MM/ODIYVYY A X COMMERCIAL GENERtAL LIABILITY HE-GLSA-117D6882-TCT-18 10/01/18 10/01/19 EACH OCCURRENCE $ 1,000,000 d CLAIMS MADE X l OCCUR bAMAL(-TO AgNTSO rcI $ 1 000,000 PRFMISFS IF .. ......... .. .. MED EXP(Any one person) $ 15 000 .. ....... .. PERSONAL 6 ADV INJURY $ 1,000,000 GEN'L AGGREGATELIMIT APPLIES PER'. GENERAL AGGREGATE $ 2,11 000,000 POLICY�_.X. I� jECT �.X."� LOC PRODUCTS COMP/OP AGO $ 2 000,000 OTHER. $ A AUTOMOBILE LIABILITY HE-CAP-117D6901-TCT-18 10/01/18 10/01/19 COMBINED TNMJ UVIT S 1 000,000 Ifa frec,i nlY _ ............ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED -- SCHEDULED P BODILY INJURY(Per accltlen[ AUTOS AUTOS ( ) $ g NON OWNEDPROPERTY JAMWiE ,.,.,_ .... . .. .......... HIRED AUTOS X AUTOS (P I,h $ B X UMBRELLALIAB X OCCUR HSMJ-CUP-117D6894-TIL-18 10/01/18 10/01/19 EACH OCCURRENCE $ 20,000,000 EXCESS LIAR CLAIMS MADE AGGREGATE S 20,000,000 FED X RETENTION$ 10,000 $ WORKERS COMPENSATION X PER TH- C AND EMPLOYERS'LIABILITY YIN US-9K250310-18 13 R 10/01/18 10/O1/19 sTATI_ITF 5g D ANY PROPRIETOFIPARTNER�EXECU HVF �—, T UB-9K396901-18-13-K 10/01/18 10/01/19 EL EACH ACCIDENT $ 1,000,000 OFFICERWEMBER EXCLUDE09 Ip1 NIA -- -- (Mandatory in NH) ---. EL DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under ....,._..-...... ........."..... DESCRIPTION OF OPERATIONS bole. E L DISEASE POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project: Scoreboard Installation and Replacement at Hogan Park at Russell Road - Daktronics Quote 449933 'Additional Insured with respect to General Liability & Auto Liability (Primary Basis, Insurance provided by Additional Insured shall be non-contributory) : City of Kent. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Ave. S AUTHORIZED REPRESENTATIVE Kent, WA 98032 USA +�3� ©1988.2014 ACORD CORPORATION. All rights reserved, ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD nicholehofer SAATAr1A Named Insured: Daktronics, Inc., Policy Number: HE-GLSA-117D6882-TCT-18 Policy Term: 10-01-18 to 10-01-19 COMMERCIAL GENERAL LIABILITY I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY„ TECHNOLOGY XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE —This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Reasonable Force Property Damage — Ex- K. Blanket Additional Insured — Persons Or Or- ception To Expected Or Intended Injury Ex- ganizations For Your Ongoing Operations As clusion Required By Written Contract Or Agreement B. Non-Owned Watercraft Less Than 75 Feet L. Blanket Additional Insured — Broad Form C. Aircraft Chartered With Pilot Vendors D. Damage To Premises Rented To You M. Who Is An Insured — Unnamed Subsidiaries E. Increased Supplementary Payments N. Who Is An Insured — Liability For Conduct Of F. Who Is An Insured — Employees And Volun- Unnamed Partnerships Or Joint Ventures teer Workers— First Aid O. Medical Payments— Increased Limits G. Who Is An Insured — Employees—Supervi- P. Contractual Liability— Railroads sory Positions Q. Knowledge And Notice Of Occurrence Or Of- H. Who Is An Insured— Newly Acquired Or fense Formed Organizations R. Unintentional Omission I. Blanket Additional Insured— Owners, Manag- S. Blanket Waiver Of Subrogation ers Or Lessors Of Premises J. Blanket Additional Insured — Lessors Of Leased Equipment PROVISIONS B. NON-OWNED WATERCRAFT LESS THAN 75 A. REASONABLE FORCE PROPERTY DAMAGE— FEET EXCEPTION TO EXPECTED OR INTENDED IN- The following replaces Paragraph (2) of Exclusion JURY EXCLUSION g., Aircraft, Auto Or Watercraft, in Paragraph 2. The following replaces Exclusion a., Expected Or of SECTION I — COVERAGES — COVERAGE A Intended Injury, in Paragraph 2., of SECTION I — BODILY INJURY AND PROPERTY DAMAGE COVERAGES — COVERAGE A BODILY IN- LIABILITY: JURY AND PROPERTY DAMAGE LIABILITY: (2) A watercraft you do not own that is: a. Expected Or Intended Injury Or Damage (a) Less than 75 feet long, and "Bodily injury" or "property damage" expected or (b) Not being used to carry any person or intended from the standpoint of the insured. This property for a charge. exclusion does not apply to "bodily injury" or C. AIRCRAFT CHARTERED WITH PILOT "property damage" resulting from the use of rea- The following is added to Exclusion sonable force to protect any person or property. 9 g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION CG D4 17 01 12 ©2012 The Travelers Indemnity Company. All rights reserved. Page 1 of 6 Includes copyrighted material of Insurance Services Office, Inc.with its permission. Named Insured: Daktronics, Inc., Policy Number. HE-GLSA-117D6882-TCT-18 COMMERCIAL GENERAL LIABILITY Policy Term: 10-01-18 to 10-01-19 I — COVERAGES — COVERAGE A BODILY IN- 4. The following replaces Paragraph a. of the JURY AND PROPERTY DAMAGE LIABILITY: definition of "insured contract" in the DEFINI- This exclusion does not apply to an aircraft that TIONS Section: is: a. A contract for a lease of premises. How- (a) Chartered with a pilot to any insured; ever, that portion of the contract for a (b) Not owned by any insured; and lease of premises that indemnifies any person or organization for "premises (c) Not being used to carry any person or prop- damage' is not an "insured contract"; erty for a charge. 5. The following is added to the DEFINITIONS D. DAMAGE TO PREMISES RENTED TO YOU Section: 1. The first paragraph of the exceptions in Ex- "Premises damage" means "property dam- clusion j., Damage To Property, in Para- age"to: graph 2. of SECTION I — COVERAGES — a. Any premises while rented to you or tem- COVERAGE A BODILY INJURY AND porarily occupied by you with permission PROPERTY DAMAGE LIABILITY is deleted. of the owner; or 2. The following replaces the last paragraph of b. The contents of any premises while such Paragraph 2., Exclusions, of SECTION I — premises is rented to you, if you rent such COVERAGES — COVERAGE A BODILY IN- premises for a period of seven or fewer JURY AND PROPERTY DAMAGE LIABIL- consecutive days. ITY: 6. The following replaces Paragraph 4.b.(1)(b) Exclusions c., g. and I and Paragraphs (1), of SECTION IV — COMMERCIAL GENERAL (3) and (4) of Exclusion j., do not apply to LIABILITY CONDITIONS: 1.premises damage". Exclusion f.(1)(a) does not apply to "premises damage" caused by (b) That is insurance for "premises damage"; fire unless Exclusion f. of Section I — Cover- or age A — Bodily Injury And Property Damage 7. Paragraph 4.b.(1)(c) of SECTION IV — Liability is replaced by another endorsement COMMERCIAL GENERAL LIABILITY CON- to this Coverage Part that has Exclusion - All DITIONS is deleted. Pollution Injury Or Damage or Total Pollution E. INCREASED SUPPLEMENTARY PAYMENTS Exclusion in its title. A separate limit of insur- ance applies to "premises damage" as de- 1. The following replaces Paragraph 1.b. of scribed in Paragraph 6. of Section III — Limits SUPPLEMENTARY PAYMENTS — COVER- Of Insurance. AGES A AND B of SECTION I — COVER- 3. The following replaces Paragraph 6. of Si AGES: TION III — LIMITS OF INSURANCE: b. Up to $2,500 for cost of bail bonds re- quired because of accidents or traffic law 6. Subject to 5. above, the Damage To violations arising out of the use of any Premises Rented To You Limit is the vehicle to which the Bodily Injury Liability most we will pay under Coverage A for Coverage applies. We do not have to fur- damages because of "premises damage" nish these bonds. to any one premises. 2. The following replaces Paragraph 1.d. of The Damage To Premises Rented To SUPPLEMENTARY PAYMENTS — COVER- You Limit will be: AGES A AND B of SECTION I — COVER- a. The amount shown for the Damage AGES: To Premises Rented To You Limit on d. All reasonable expenses incurred by the the Declarations of this Coverage insured at our request to assist us in the Part; or investigation or defense of the claim or b. $300,000 if no amount is shown for "suit", including actual loss of earnings up the Damage To Premises Rented To to $500 a day because of time off from You Limit on the Declarations of this work. Coverage Part. Page 2 of 6 ©2012 The Travelers Indemnity Company. All rights reserved, CG D4 17 01 12 Includes copyrighted material of Insurance Services Office, Inc,with its permission. Named Insured. Daktronics, Inc., Policy Number: HE-GLSA-117D6882-TCT-18 Policy Term: 10-01-18 to 10-01-19 COMMERCIAL GENERAL LIABILITY F. WHO IS AN INSURED — EMPLOYEES AND your "employees" who hold a supervisory posi- VOLUNTEER WORKERS — FIRST AID tion. 1. The following is added to the definition of"oc- H. WHO IS AN INSURED — NEWLY ACQUIRED currence" in the DEFINITIONS Section: OR FORMED ORGANIZATIONS Unless you are in the business or occupation The following replaces Paragraph 4. of SECTION of providing professional health care services, II — WHO IS AN INSURED of the Commercial "occurrence" also means an act or omission General Liability Coverage Form, and Paragraph committed by any of your "employees" or 3. of SECTION II — WHO IS AN INSURED of the "volunteer workers", other than an employed Global Companion Commercial General Liability or volunteer doctor, in providing or failing to Coverage Form, to the extent such coverage provide first aid or "Good Samaritan services" forms are part of your policy: to a person. Any organization you newly acquire or form, other 2. The following is added to Paragraph 2.a.(1) of than a partnership or joint venture, of which you SECTION II—WHO IS AN INSURED: are the sole owner or in which you maintain the majority ownership interest, will qualify as a Unless you are in the business or occupation Named Insured if there is no other insurance of providing professional health care services, which provides similar coverage to that organiza- Paragraphs (1 )(a), (b), (c) and (d) above do tion. However: not apply to "bodily injury" arising out of pro- a. Coverage under this provision is afforded viding or failing to provide first aid or "Good Samaritan services" by any of your "employ- ees" or "volunteer workers", other than an (1) Until the 180th day after you acquire or employed or volunteer doctor. Any of your form the organization or the end of the "employees" or "volunteer workers" providing policy period, whichever is earlier, if you or failing to provide first aid or "Good Samari- do not report such organization in writing tan services" during their work hours for you to us within 180 days after you acquire or will be deemed to be acting within the scope form it, or of their employment by you or performing du- (2) Until the end of the policy period, when ties related to the conduct of your business. that date is later than 180 days after you acquire or form such organization, if you 3. The following is added to Paragraph 5, of report such organization in writing to us SECTION III — LIMITS OF INSURANCE: within 180 days after you acquire or form For the purposes of determining the applica- it, and we agree in writing that it will con- ble Each Occurrence Limit, all related acts or tinue to be a Named Insured until the end omissions committed by any of your "employ- of the policy period; ees" or "volunteer workers" in providing or b. Coverage A does not apply to "bodily injury" failing to provide first aid or "Good Samaritan or "property damage" that occurred before services" to any one person will be deemed to you acquired or formed the organization, and be one "occurrence". c. Coverage B does not apply to "personal in- 4. The following is added to the DEFINITIONS jury" or "advertising injury" arising out of an Section: offense committed before you acquired or "Good Samaritan services" means any emer- formed the organization. gency medical services for which no compen- I. BLANKET ADDITIONAL INSURED — OWNERS, sation is demanded or received. MANAGERS OR LESSORS OF PREMISES G. WHO IS AN INSURED — EMPLOYEES — SU- The following is added to SECTION II — WHO IS PERVISORY POSITIONS AN INSURED: The following is added to Paragraph 2.a.(1) of Any person or organization that is a premises SECTION II—WHO IS AN INSURED: owner, manager or lessor is an insured, but only with respect to liability arising out of the owner- Paragraphs (1)(a), (b) and (c) above do not apply ship, maintenance or use of that part of any prem- to "bodily injury" or "personal injury" to a co- ises leased to you. "employee" in the course of the co-"employee's" The insurance provided to such premises owner, employment by you arising out of work by any of manager or lessor does not apply to: CG D4 17 01 12 ©2012 The Travelers Indemnity Company. All rights reserved. Page 3 of 6 Includes copyrighted material of Insurance Services Office, Inc.with its permission. Named Insured: Daktronics, Inc., Policy Number: HE-GLSA-1 17D6882-TCT-1 8 COMMERCIAL GENERAL LIABILITY Policy Term: 10-01-18 to 10-01-19 a. Any "bodily injury" or "property damage" L. BLANKET ADDITIONAL INSURED — BROAD caused by an "occurrence" that takes place, FORM VENDORS or "personal injury" or "advertising injury" The following is added to SECTION II — WHO IS caused by an offense that is committed, after AN INSURED: you cease to be a tenant in that premises; or b. Structural alterations, new construction or Any person or organization that is vendor and that you have agreed in a written contract or demolition operations performed by or on be- agreement to include as an additional insured on half of such premises owner, manager or les- this Coverage Part is an insured, but only with re- sor. spect to liability for "bodily Injury" or "property J. BLANKET ADDITIONAL INSURED — LESSORS damage" that: OF LEASED EQUIPMENT a. Is caused by an "occurrence" that takes place The following is added to SECTION II — WHO IS after you have signed and executed that con- AN INSURED: tract or agreement, and Any person or organization that is an equipment b. Arises out of "your products" which are dis- lessor is an insured, but only with respect to liabil- tributed or sold in the regular course of such ity for "bodily injury", "property damage", "per- vendor's business. sonal injury" or "advertising injury" caused, in The insurance provided to such vendor is subject whole or in part, by your acts or omissions in the to the following provisions: maintenance, operation or use by you of equip- ment leased to you by such equipment lessor. a. The limits of insurance provided to such ven- The insurance provided to such equipment lessor dor will be the limits which you agreed to pro- does not a to an "bodily In'u ' or "property vide in the written contract or agreement, or apply Y Y injury" the limits shown in the Declarations, which- damage" caused by an "occurrence" that takes lace, or "personal injury" " u ever are less. P P 1 ry„ or "advertising injury ry' caused by an offense that is committed, after the b. The insurance provided to such vendor does equipment lease expires. not apply to: K. BLANKET ADDITIONAL INSURED — PERSONS (1) Any express warranty not authorized by OR ORGANIZATIONS FOR YOUR ONGOING you; OPERATIONS AS REQUIRED BY WRITTEN (2) Any change in "your products" made by CONTRACT OR AGREEMENT such vendor; The following is added to SECTION II — WHO IS (3) Repackaging, unless unpacked solely for AN INSURED: the purpose of inspection, demonstration, Any person or organization that is not otherwise testing, or the substitution of parts under an insured under this Coverage Part and that you instructions from the manufacturer, and have agreed in a written contract or agreement to then repackaged in the original container; include as an additional insured on this Coverage (4) Any failure to make such inspections, ad- Part is an insured, but only with respect to liability Any tarots tests k servicing inspections, vendors for "bodily injury" or"property damage"that: justagree to perform or normally undertake to a. Is caused by an "occurrence" that takes place perform in the regular course of business, after you have signed and executed that con- in connection with the distribution or sale tract or agreement; and of"your products'; b. Is caused, in whole or in part, by your acts or (5) Demonstration, installation, servicing or omissions in the performance of your ongoing repair operations, except such operations operations to which that contract or agree- performed at such vendor's premises in ment applies or the acts or omissions of any connection with the sale of"your prod- person or organization performing such op- ucts"; or erations on your behalf. (6) "Your products"which, after distribution The limits of insurance provided to such insured or sale by you, have been labeled or re- will be the limits which you agreed to provide in labeled or used as a container, part or in- the written contract or agreement, or the limits gredient of any other thing or substance shown in the Declarations, whichever are less. by or on behalf of such vendor. Page 4 of 6 ©2012 The Travelers Indemnity Company. All rights reserved. CG D4 17 01 12 Includes copyrighted material of Insurance Services Office, Inc.with its permission. Named Insured, Daktronics, Inc., Policy Number: HE-GLSA-117D6882-TCT-18 Policy Term: 10-01-18 to 10-01-19 COMMERCIAL GENERAL LIABILITY i Coverage under this provision does not apply to. (b) The amount shown on the Declarations of a. Any person or organization from whom you this Coverage Part for Medical Expense have acquired "your products', or any ingre- Limit. dient, part or container entering into, accom- P. CONTRACTUAL LIABILITY— RAILROADS panying or containing such products; or 1. The following replaces Paragraph c. of the b. Any vendor for which coverage as an addi- definition of "insured contract' in the DEFINI- tional insured specifically is scheduled by en- TIONS Section: dorsement. c. Any easement or license agreement; M. WHO IS AN INSURED — UNNAMED SUBSIDI- 2. Paragraph f.(1) of the definition of "insured ARIES contract' in the DEFINITIONS Section is de- The following is added to SECTION II — WHO IS leted. AN INSURED: Q. KNOWLEDGE AND NOTICE OF OCCUR- Any of your subsidiaries, other than a partnership RENCE OR OFFENSE or joint venture, that is not shown as a Named In- The following is added to Paragraph 2., Duties In sured in the Declarations is a Named Insured if: The Event of Occurrence, Offense, Claim or a. You maintain an ownership interest of more Suit, of SECTION IV — COMMERCIAL GEN- than 50% in such subsidiary on the first day ERAL LIABILITY CONDITIONS: of the policy period, and e. The following provisions apply to Paragraph b. Such subsidiary is not an insured under simi- a. above, but only for the purposes of the in- lar other insurance. surance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. No such subsidiary is an insured for "bodily injury" of Section II —Who Is An Insured: or "property damage" that occurred, or "personal injury" or "advertising injury" caused by an of- (1) Notice to us of such "occurrence" or of- fense committed: fense must be given as soon as practica- ble only after the 'occurrence' or offense a. Before you maintained an ownership interest is known to you (if you are an individual), of more than 50% in such subsidiary; or any of your partners or members who is b. After the date, if any, during the policy period an individual (if you are a partnership or that you no longer maintain an ownership in- joint venture), any of your managers who terest of more than 50% in such subsidiary. is an individual (if you are a limited liability N. WHO IS AN INSURED — LIABILITY FOR CON- company), any of your trustees who is an DUCT OF UNNAMED PARTNERSHIPS OR individual (if you are a trust), any of your JOINT VENTURES "executive officers' or directors (if you are The following replaces the last paragraph of an organization other than a partnership, joint venture, limited liability company or SECTION II—WHO IS AN INSURED: trust) or any "employee" authorized by No person or organization is an insured with re- you to give notice of an 'occurrence' or spect to the conduct of any current or past part- offense. nership or joint venture that is not shown as a Named Insured in the Declarations. This para- (2) If you are a partnership, joint venture, lim- graph does not apply to any such partnership or ted liability company or trust, and none of joint venture that otherwise qualifies as an in- your partners, joint venture members, sured under Section II—Who Is An Insured. managers or trustees are individuals, no- tice to us of such 'occurrence' or offense O. MEDICAL PAYMENTS— INCREASED LIMITS must be given as soon as practicable only The following replaces Paragraph 7. of SECTION after the 'occurrence' or offense is known III — LIMITS OF INSURANCE: by: 7. Subject to 5. above, the Medical Expense (a) Any individual who is: Limit is the most we will pay under Coverage (I) A partner or member of any part- C for all medical expenses because of"bodily nership or joint venture; injury" sustained by any one person, and will be the higher of: (ii) A manager of any limited liability (a) $10,000, or company; CG D4 17 01 12 ©2012 The Travelers Indemnity Company. All rights reserved. Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc.with its permission, Named Insured: Daktrcnics, Inc., Policy Number: HE-GLSA-117D6882-TCT-1E COMMERCIAL GENERAL LIABILITY Policy Term: 10-01-18 to 10-01-19 (iii) A trustee of any trust; or abrupt commencement, this Paragraph e. (iv) An executive officer or director of does not affect that requirement. any other organization; R. UNINTENTIONAL OMISSION that is your partner, joint venture The following is added to Paragraph 6., Repre- member, manager or trustee; or sentations, of SECTION IV — COMMERCIAL (b) Any "employee" authorized by such GENERAL LIABILITY CONDITIONS: partnership, joint venture, limited li- The unintentional omission of, or unintentional ar- ability company, trust or other organi- ror in, any information provided by you which we zation to give notice of an "occur- relied upon in issuing this policy will not prejudice rence"or offense. your rights under this insurance. However, this (3) Notice to us of such "occurrence" or of- provision does not affect our right to collect addi- fense will be deemed to be given as soon tional premium or to exercise our rights of cancel- as practicable if it is given in good faith as lation or nonrenewal in accordance with applica- soon as practicable to your workers' ble insurance laws or regulations, compensation insurer. This applies only if S. BLANKET WAIVER OF SUBROGATION you subsequently give notice to us of the The following is added to Paragraph 8., Transfer occurrence" or offense as soon as prac- Of Rights Of Recovery Against Others To Us, ticable after any of the persons described of SECTION IV — COMMERCIAL GENERAL LI- in Paragraphs e. (1) or (2) above discov- ABILITY CONDITIONS: ers that the "occurrence" or offense may result in sums to which the insurance If the insured has agreed in a contract or agree- provided under this Coverage Part may ment to waive that insured's right of recovery apply. against any person or organization, we waive our However, if this policy includes an endorse- right of recovery against such person or organiza- tion, but only for payments we make because of: ment that provides limited coverage for "bod- ily injury" or "property damage" or pollution a. 'Bodily injury" or "property damage" caused costs arising out of a discharge, release or by an "occurrence" that takes place; or escape of "pollutants" which contains a re- b. "Personal injury" or "advertising injury" quirement that the discharge, release or es- caused by an offense that is committed; cape of "pollutants" must be reported to us subsequent to the execution of the contract or within a specific number of days after its agreement. Page 6 of 6 ©2012 The Travelers Indemnity Company,. All rights reserved. CG D4 17 01 12 Includes copyrighted material of Insurance services Office, Inc, with its permission. Policy Term110-01-18/19VV v Policy Number: HE-GLSA-117D6882-TCT-18 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - AUTOMATIC STATUS IF REQUIRED BY WRITTEN CONTRACT (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II — WHO IS (a) The Additional Insured — Owners, AN INSURED: Lessees or Contractors — Scheduled Any person or organization that: Person or Organization endorsement a. You agree in a "written contract requiring in- CG 20 10 07 04 or CG 20 10 04 13, the Additional Insured — Owners, surance" to include as an additional insured on this Coverage Part; and Lessees or Contractors — Completed Operations endorsement CG 20 37 b. Has not been added as an additional insured 07 04 or CG 20 37 04 13, or both of for the same project by attachment of an en- such endorsements with either of dorsement under this Coverage Part which those edition dates; or includes such person or organization in the (b) Either or both of the following: the endorsement's schedule; Additional Insured — Owners, Les- is an insured, but: sees or Contractors — Scheduled a. Only with respect to liability for "bodily injury", Person Or Organization endorsement "property damage" or"personal injury" and CG 20 10, or the Additional Insured — Owners, Lessees or Contractors — b. Only as described in Paragraph (1), (2) or (3) Completed Operations endorsement below, whichever applies: CG 20 37, without an edition date of (1) If the "written contract requiring insur- such endorsement specified; ance" specifically requires you to provide the person or organization is an additional additional insured coverage to that per- insured only if the injury or damage is son or organization by the use of: caused, in whole or in part, by acts or (a) The Additional Insured — Owners, omissions of you or your subcontractor in Lessees or Contractors — (Form B) the performance of "your work" to which endorsement CG 20 10 11 85, or the "written contract requiring insurance' (b) Either or both of the following: the applies, or Additional Insured — Owners, Les- (3) If neither Paragraph (1) nor (2) above ap- sees or Contractors — Scheduled plies: Person Or Organization endorsement (a) The person or organization is an ad- CG 20 10 10 01, or the Additional In- ditional insured only if, and to the ex- sured — Owners, Lessees or Contrac- tent that, the injury or damage is tors — Completed Operations en- caused by acts or omissions of you or dorsement CG 20 37 10 01; your subcontractor in the perform- the person or organization is an additional ance of"your work" to which the "writ- insured only if the injury or damage arises ten contract requiring insurance" sp- out of "your work" to which the "written plies, and contract requiring insurance" applies; (b) The person or organization does not (2) If the "written contract requiring insur- qualify as an additional insured with ance" specifically requires you to provide respect to the independent acts or additional insured coverage to that per- omissions of such person or organi- son or organization by the use of: zation, CG D6 04 08 13 ©2013 The Travelers Indemnity Company.All rights reserved. Page 1 of 3 Named Insured: Daktronics, Inc. COMMERCIAL GENERAL LIABILITY Policy Term: 10-01-18/19 Policy Number: HE-GLSA-117D6882-TCT-18 2. The insurance provided to the additional insured and collectible other insurance, whether primary, by this endorsement is limited as follows: excess, contingent or on any other basis, that is a. If the Limits of Insurance of this Coverage available to the additional insured when that per- Part shown in the Declarations exceed the son or organization is an additional insured, or is minimum limits of liability required by the any other insured that does not qualify as a "written contract requiring insurance', the in- named insured, under such other insurance. surance provided to the additional insured will 4. As a condition of coverage provided to the addi- be limited to such minimum required limits of tional insured by this endorsement: liability. For the purposes of determining a. The additional insured must give us written whether this limitation applies, the minimum notice as soon as practicable of an "occur- limits of liability required by the "written con- rence" or an offense which may result in a tract requiring insurance' will be considered claim. To the extent possible, such notice to include the minimum limits of liability of any should include: Umbrella or Excess liability coverage required for the additional insured by that "written con- (1) How, when and where the 'occurrence' tract requiring insurance'. This endorsement or offense took place; will not increase the limits of insurance de- (2) The names and addresses of any injured scribed in Section III — Limits Of Insurance. persons and witnesses; and b. The insurance provided to the additional in- (3) The nature and location of any injury or sured does not apply to "bodily injury", "prop- damage arising out of the 'occurrence' or erty damage" or "personal injury" arising out offense. of the rendering of, or failure to render, any b. If a claim is made or "suit' is brought against professional architectural, engineering or sur- the additional insured, the additional insured veying services, including: must: (1) The preparing, approving, or failing to (1) Immediately record the specifics of the prepare or approve, maps, shop draw- claim or"suit'and the date received; and ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, (2) Notify us as soon as practicable. approving, or failing to prepare or ap- The additional insured must see to it that we prove, drawings and specifications; and receive written notice of the claim or "suit' as (2) Supervisory, inspection, architectural or soon as practicable. engineering activities. c. The additional insured must immediately send c. The insurance provided to the additional in- us copies of all legal papers received in con- sured does not apply to "bodily injury" or nection with the claim or"suit', cooperate with "property damage"caused by "your work"and us in the investigation or settlement of the included in the "products-completed opera- claim or defense against the "suit', and oth- tions hazard" unless the "written contract re- erwise comply with all policy conditions, quiring insurance' specifically requires you to d. The additional insured must tender the de- provide such coverage for that additional in- fense and indemnity of any claim or "suit' to sured during the policy period. any provider of other insurance which would 3. The insurance provided to the additional insured cover the additional insured for a loss we by this endorsement is excess over any valid and cover under this endorsement. However, this collectible other insurance, whether primary, ex- condition does not affect whether the insur- cess, contingent or on any other basis, that is ance provided to the additional insured by this available to the additional insured. However, if the endorsement is primary to other insurance "written contract requiring insurance' specifically available to the additional insured which cov- requires that this insurance apply on a primary ers that person or organization as a named basis or a primary and non-contributory basis, this insured as described in Paragraph 3. above. insurance is primary to other insurance available 5 to the additional insured under which that person . The following is added to the DEFINITIONS Sec- or organization qualifies as a named insured, and tion: we will not share with that other insurance. But "Written contract requiring insurance' means that the insurance provided to the additional insured part of any written contract or agreement under by this endorsement still is excess over any valid which you are required to include a person or or- Page 2 of 3 9)2013 The Travelers Indemnity Company.All rights reserved. CG D6 04 08 13 Named Insured: Daktronics, Inc. Policy Term: 10-01-18/19 COMMERCIAL GENERAL LIABILITY Policy Number: HE-GLSA-1 17D6882-TCT-1 8 ganization as an additional insured on this Cover- a. After the signing and execution of the contract j age Part, provided that the "bodily injury" and or agreement by you, and "property damage" occurs, and the "personal in- b. While that part of the contract or agreement is jury' is caused by an offense committed, during the policy period and: n effect, CG D6 04 08 13 ©2013 The Travelers Indemnity Company.All rights reserved, Page 3 of 3 DTIIMud :LnSiiied Da]ct roll rrls,, lnc. d iL lcy 're rYn: 10-01-18 to 10- 01-7.9 P01icy 1ITLAIlh 1 ,HE GL`,P T uoe3? r<�T-1r COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS - PRIMARY AND NON-CONTRIBUTORY WITH RESPECT TO CERTAIN OTHER INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Paragraph 4. a., Primary (1) The "bodily injury" or"property damage"for which Insurance, of SECTION IV — COMMERCIAL GEN- coverage is sought is caused by an 'occurrence" ERAL LIABILITY CONDITIONS. that takes place; and However, if you specifically agree in a written contract (2) The "personal injury" or "advertising injury" for or agreement that the insurance afforded to an addi- which coverage is sought arises out of an offense tional insured under this Coverage Part must apply on that is committed, a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that subsequent to the signing and execution of that con- is available to such additional insured which covers tract or agreement by you, such additional insured as a named insured, and we will not share with that other insurance, provided that: CG D4 25 07 08 0 2006 The Travelers Companies, Inc. Page 1 of 1 Milieu Insured. Va KLrunics, uIL. Policy Number: HE-CAP-117D6901-TCT-18 Effective Date: 10-01-2018 to 10-01-2019 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE —This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF B. BLANKET ADDITIONAL INSURED USE — INCREASED LIMIT C. EMPLOYEE HIRED AUTO I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY E. SUPPLEMENTARY PAYMENTS — INCREASED K. AIRBAGS LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR F. HIRED AUTO — LIMITED WORLDWIDE COV- LOSS ERAGE — INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE —GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that The following is added to Paragraph A.1., Who Is person or organization qualifies as an "insured" An Insured, of SECTION II —COVERED AUTOS under the Who Is An Insured provision contained LIABILITY COVERAGE: in Section II. Any organization you newly acquire or form dur- C. EMPLOYEE HIRED AUTO ing the policy period over which you maintain 1. The following is added to Paragraph A.1., 50% or more ownership interest and that is not Who Is An Insured, of SECTION II — COV- separately insured for Business Auto Coverage. ERED AUTOS LIABILITY COVERAGE: Coverage under this provision is afforded only un- An "employee" of yours is an "insured" while til the 180th day after you acquire or form the or- operating an "auto" hired or rented under a ganization or the end of the policy period, which- contract or agreement in an "employee's" ever is earlier. name, with your permission, while performing duties related to the conduct of your busi- B. BLANKET ADDITIONAL INSURED ness. The following is added to Paragraph c. in A.1., 2. The following replaces Paragraph b. in B.5., Who Is An Insured, of SECTION II — COVERED Other Insurance, of SECTION IV — BUSI- AUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS: Any person or organization who is required under b, For Hired Auto Physical Damage Cover- a written contract or agreement between you and age, the following are deemed to be cov- that person or organization, that is signed and ered "autos" you own: executed by you before the "bodily injury" or (1) Any covered "auto" you lease, hire, "property damage" occurs and that is in effect rent or borrow; and during the policy period, to be named as an addi- (2) Any covered "auto" hired or rented by tional insured is an "insured" for Covered Autos your "employee" under a contract in Liability Coverage, but only for damages to which an "employee's" name, with your CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc,with its permission, Named Insured: Daktronics, Inc. Policy COMMERCIAL AUTO Number: HE-CAP-117D6901-TCT-18 Effective Date: 10-01-2018 to 10-01-2019 permission, while performing duties (a) With respect to any claim made or "suit" related to the conduct of your busi- brought outside the United States of ness. America, the territories and possessions However, any "auto" that is leased, hired, of the United States of America, Puerto rented or borrowed with a driver is not a Rico and Canada: covered "auto". (i) You must arrange to defend the "in- D. EMPLOYEES AS INSURED sured" against, and investigate or set- tle any such claim or "suit" and keep The following is added to Paragraph A.1., Who Is s u An Insured, of SECTION II — COVERED AUTOS us advised of all proceedings and ac- tions. LIABILITY COVERAGE (ii) Neither you nor any other involved Any "employee" of yours is an "insured" while us- "insured" will make any settlement ing a covered "auto" you don't own, hire or borrow without our consent. in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED (iii) in may, at our discretion, participate LIMITS in defending the "insured" against, or n the settlement of, any claim or 1. The following replaces Paragraph A.2.a.(2), "suit". of SECTION II — COVERED AUTOS LIABIL- (iv) We will reimburse the "insured" for ITY COVERAGE: sums that the "insured" legally must (2) Up to $3,000 for cost of bail bonds (in- pay as damages because of "bodily cluding bonds for related traffic law viola- injury" or"property damage" to which tions) required because of an "accident" this insurance applies, that the "in- we cover. We do not have to furnish sured" pays with our consent, but these bonds. only up to the limit described in Para- 2. The following replaces Paragraph A.2.a.(4), graph C., Limits Of Insurance, of of SECTION II — COVERED AUTOS LIABIL- SECTION II — COVERED AUTOS ITY COVERAGE: LIABILITY COVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- cause of time off from work. tion of such claims and your defense F. HIRED AUTO — LIMITED WORLDWIDE COV- s the "insured" against any such ERAGE— INDEMNITY BASIS " uitn but only up to and included within the limit described in Para- The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory, SECTION 11 — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to (5) Anywhere in the world, except any country or make such payments ends when we jurisdiction while any trade sanction, em- have used up the applicable limit of bargo, or similar regulation imposed by the insurance in payments for damages, United States of America applies to and pro- settlements or defense expenses. hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured" whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less (c) This insurance is not a substitute for re- and that is not an "auto" you lease, hire, rent quired or compulsory insurance in any or borrow from any of your "employees", country outside the United States, its ter- partners (if you are a partnership), members ritories and possessions, Puerto Rico and (if you are a limited liability company) or Canada. members of their households. Page 2 of 4 ©2015 The Travelers Indemnity Company All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Named Insured: Daktronics, Inc. Policy Number: HE-CAP-117D6901-TCT-18 Effective Date: 10-01-2018 to 10-01-2019 COMMERCIAL AUTO You agree to maintain all required or (2) In or on your covered "auto", compulsory insurance in any such coun- This coverage applies only in the event of a total try up to the minimum limits required by theft of your covered "auto". local law. Your failure to comply with No deductibles apply to this Personal Property j compulsory insurance requirements will coverage. not invalidate the coverage afforded by this policy, but we will only be liable to the K. AIRBAGS same extent we would have been liable The following is added to Paragraph B.3., Exclu- had you complied with the compulsory in- sions, of SECTION III — PHYSICAL DAMAGE surance requirements. COVERAGE: (d) It is understood that we are not an admit- Exclusion 3.a. does not apply to "loss" to one or ted or authorized insurer outside the more airbags in a covered "auto" you own that in- United States of America, its territories flate due to a cause other than a cause of "loss" and possessions, Puerto Rico and Can- set forth in Paragraphs A.t.b. and A.1.c., but ada. We assume no responsibility for the only: furnishing of certificates of insurance, or a. If that "auto" is a covered "auto" for Compre- for compliance in any way with the laws hensive Coverage underthis policy; of other countries relating to insurance. b. The airbags are not covered under any war- G. WAIVER OF DEDUCTIBLE— GLASS ranty; and The following is added to Paragraph D., Deducti- c. The airbags were not intentionally inflated. ble, of SECTION III — PHYSICAL DAMAGE We will pay up to a maximum of $1,000 for any COVERAGE: one "loss". No deductible for a covered "auto" will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS replaced. The following is added to Paragraph A.2.a., of H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF SECTION IV— BUSINESS AUTO CONDITIONS: USE — INCREASED LIMIT Your duty to give us or our authorized representa- The following replaces the last sentence of Para- tive prompt notice of the "accident" or "loss" ap- graph A.4.b., Loss Of Use Expenses, of SEC- plies only when the "accident" or "loss" is known TION III —PHYSICAL DAMAGE COVERAGE: to: However, the most we will pay for any expenses (a) You (if you are an individual); for loss of use is $65 per day, to a maximum of (b) A partner(if you are a partnership); $750 for any one "accident". (c) A member (if you are a limited liability com- I. PHYSICAL DAMAGE — TRANSPORTATION pany); EXPENSES — INCREASED LIMIT (d) An executive officer, director or insurance The following replaces the first sentence in Para- manager (if you are a corporation or other or- graph A.4.a., Transportation Expenses, of ganization); or SECTION III — PHYSICAL DAMAGE COVER- a An "employee" authorized b you to yy y give no- AGE: tice of the "accident" or"loss". We will pay up to $50 per day to a maximum of M. BLANKET WAIVER OF SUBROGATION $1,500 for temporary transportation expense in- The following replaces Paragraph A.5., Transfer curred by you because of the total theft of a cov- Of Rights Of Recovery Against Others To Us, ered "auto" of the private passenger type. of SECTION IV — BUSINESS AUTO CONDI- J. PERSONAL PROPERTY TIONS: The following is added to Paragraph AA., Cover- 5. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III — PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Personal Property against any person or organization to the ex- tent required of you by a written contract We will pay up to $400 for "lass" to wearing ap- signed and executed prior to any "accident" parel and other personal property which is: or"loss", provided that the "accident" or"loss" (1) Owned by an "insured", and arises out of operations contemplated by CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc, with its permission. Named Insured: Daktronics, Inc. Policy Number: HE-CAP-117D6901-TCT-18 COMMERCIAL AUTO Effective Date: 10-01-2018 to 10-01-2019 such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, an information y given by you shall not contract. prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col- The following is added to Paragraph B.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non-renewal. SECTION IV— BUSINESS AUTO CONDITIONS: Page 4 of 4 ©2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Named Insured: Daktronics, Inc. Policy Number: HE-CAP-117D6901-TCT-18 COMMERCIAL AUTO Effective Date: 10-01-2018 to 10-01-2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 2. The following is added to Paragraph B.S., Other 1. The following is added to Paragraph A.1.c., Who Insurance of SECTION IV — BUSINESS AUTO Is An Insured, of SECTION II — COVERED CONDITIONS: AUTOS LIABILITY COVERAGE: Regardless of the provisions of paragraph a. and This includes any person or organization who you paragraph d. of this part S. Other Insurance, this are required under a written contract or insurance is primary to and non-contributory with agreement between you and that person or applicable other insurance under which an organization, that is signed by you before the additional insured person or organization is the "bodily injury" or "property damage" occurs and first named insured when the written contract or that is in effect during the policy period, to name agreement between you and that person or as an additional insured for Covered Autos organization, that is signed by you before the Liability Coverage, but only for damages to which "bodily injury" or "property damage" occurs and this insurance applies and only to the extent of that is in effect during the policy period, requires that person's or organization's liability for the this insurance to be primary and non-contributory. conduct of another"insured". CA T4 74 02 16 a 2016 The Travelers Indemnity Company, All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc,with its permission. Poi ic} leim. W 01 18 to , 10 01-19 POLICY NUMBER: HE-GLSA-n 706882 rc1 1eISSUE DATE: 1D-ol-la THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - EARLIER NOTICE OF CANCELLATIONMONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice: 30 WHEN WE DO NOT RENEW(Nonrenewal): Number of Days Notice: 30 NAME: SEE ENDORSEMENT CG T8 01 ADDRESS: SD 57006 A. For any statutorily permitted reason other than applicable state When We Do Not Renew nonpayment of premium, the number of days re- (Nonrenewal) endorsement applicable to this in- quired for notice of cancellation, as provided in surance, is increased to the number of days the CONDITIONS Section of this insurance, or as shown in the SCHEDULE above. amended by any applicable state cancellation C. We will mall notice of cancellation or nonrenewal endorsement applicable to this insurance, is in- or material limitation of those coverage forms to creased to the number of days shown in the the person or organization shown in the schedule SCHEDULE above. above. We will mail the notice at least the Num- B. For any statutorily permitted reason other than bar of Days indicated above before the effective nonpayment of premium, the number of days re- date to our action. quired for notice of When We Do Not Renew (Nonrenewal), as provided in the CONDITIONS Section of this insurance, or as amended by any IL T3 54 03 98 Copyright, The Travelers Indemnity Company, 1998 Page 1 of 1 Named Insured: 0aktronics, Inc. Policy Term: 10-01-18 to 10-01 19 COMMERCIAL GENERAL LIABILITY POLICY NUMBER HE-szsn n1o6o32-Tcc-la GENERAL PURPOSE ENDORSEMENT DESIGNATED ENTITY - EARLIER NOTICE OF CANCELLATION/NONRENEWAL PROVIDED BY US IL T3 54, Designated Entity - Earlier Notice of cancellation/Nonrenewal Provided By Us, SCHEDULE, to read: NAME: Any person or organization to whom you have agreed in a written contract that notice of cancellation, nonrenewal or material limitation of this policy will be given, but only if: 1. You send us a written request to provide such notice, including the name and address of such person or organization, after the first Named Insured receives notice from us of the cancellation, nonrenewal or material limitation of this policy; and 2. We receive such written request at least 14 days before the beginning of the applicable number of days shown in this Schedule. ADDRESS: The address for that person or organization included in such written request from you to us. CGT801 Page 1 Policy 'Penn: 10-01-18 Lo 10-01-il) POLICY NUMBER xr:-csP i, /E'r (J1 I ISSUE DATE: 10-01-18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - EARLIER NOTICE OF CANCELLATIONMONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice: 30 WHEN WE DO NOT RENEW (Nonrenewal): Number of Days Notice: NAME: SEE IL T8 03 ADDRESS: A. For any Statutorily permitted reason other than applicable state When We Do Not Renew nonpayment of premium, the number of days re- (Nonrenewal) endorsement applicable to this in- quired for notice of cancellation, as provided in surance, is increased to the number of days the CONDITIONS Section of this insurance, or as shown in the SCHEDULE above. amended by any applicable state cancellation C. We will mail notice of cancellation or nonronewal endorsement applicable to this insurance, is in- or material limitation of those coverage forms to creased to the number of days shown in the the person or organization shown in the schedule SCHEDULE above. above. We will mail the notice at least the Num- B. For any statutorily permitted reason other than ber of Days indicated above before the effective nonpayment of premium, the number of days re- date to our action. quired for notice of When We Do Not Renew (Nonrenewal), as provided in the CONDITIONS Section of this insurance, or as amended by any n� ° IL T3 54 03 98 Copyright, The Travelers Indemnity Company, 1998 Page 1 of 1 000223 Named insured: Daktmnics, Inc, COMMERCIAL AUTO POLICY ENDORSEMENT - IL T8 03 10 01 POLICY NUMBER HE-CAP-117D6901-TCT-18 ** THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ** ➢ESIGNATED ENTITY-EARLIER NOTICE OF CANC/NONR IT IS AGREED THAT: THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL AUTOMOBILE COVERAGE DESIGNATED ENTITY-EARLIER NOTICE OF CANCELLATION/NONRENEWAL PROVIDED BY US IS AMENDED TO READ AS FOLLOWS: NAME: ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION, NONRENEWAL OR MATERIAL LIMITATION OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION, NONRENEWAL OR MATERIAL LIMITATION OF THIS POLICY; AND 2 . WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS SCHEDULE. ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. EFFECTIVE DATE io-01-18 EXPIRATION DATE 10-oi-i9 PAGE 0001 ➢ATE OF ISSUE 10-01-18 Polirl Ii=t Ty[: 10 01 1B to LO 01-11 POLICY NUMBER: f" 1 ISSUE DATE: 1°-a1-1e THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - EARLIER NOTICE OF CANCELLATI OWN ONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice: 30 WHEN WE DO NOT RENEW (Nonrenewal): Number of Days Notice: 30 NAME: SEE ENDORSEMENT CG T8 02 ADDRESS: SEE ENDORSEMENT CG T8 02 BROOKINGS SD 57006 A. For any statutorily permitted reason other than applicable state When We Do Not Renew nonpayment of premium, the number of days re- (Nonrenewal) endorsement applicable to this in- quired for notice of cancellation, as provided in surance, is increased to the number of days the CONDITIONS Section of this insurance, or as shown in the SCHEDULE above, amended by any applicable state cancellation C. We will mail notice of cancellation or nonrenewal endorsement applicable to this insurance, is in- or material limitation of those coverage forms to creased to the number of days shown in the the person or organization shown in the schedule SCHEDULE above. above. We will mail the notice at least the Num- B. For any statutorily permitted reason other than ber of Days indicated above before the effective nonpayment of premium, the number of days re- date to our action. quired for notice of When We Do Not Renew (Nonrenewal), as provided in the CONDITIONS Section of this insurance, or as amended by any IL T3 54 03 98 Copyright, The Travelers Indemnity Company, 1998 Page 1 of 1 Marred Insured: Daktronics, Inc. Policy Term: 10-Ul-18 to 10-01-19 CuiAMERCIAL GENERAL LIABILITY POLICY NUMBER: HSMJ-CUP-117D6894-TIL-18 ISSUE DATE: 10-01-18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - EARLIER NOTICE OF CANCELLATION/NONRENEWAL This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY (UMBRELLA) INSURANCE IL T3 54 03 98, DESIGNATED ENTITY - EARLIER NOTICE OF CANCELLATION/NONRENEWAL PROVIDED BY US, SCHEDULE , TO READ: NAME ; ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION, NONRENEWAL OR MATERIAL LIMITATION OF THIS POLICY WILL BE GIVEN, BUT ONLY IF : 1 . YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE , INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION, NONRENEWAL OR MATERIAL LIMITATION OF THIS POLICY; AND 2 , WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS SCHEDULE . ADDRESS : THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. o� 0 o� o� o� PRODUCER: WELLS FARGO INS SVCS USA OFFICE: ST PAUL 06R CG T8 02 Page 1 of 1 000058 i � Z� � WORKERS COMPENSATION AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD, CT 06183 ENDORSEMENT WC 99 06 11 ( A) POLICYNUMBER: u2_q`_"90t-J8-Y3-K NOTICE OF CANCELLATION Except for non-payment of premium by you, we agree that no cancellation or limitation of this policy shall become effective until the number of day's written notice specified in item 2 of the Schedule has been mailed to you and to the person or organization designated in item 1 of the Schedule at the address indicated. SCHEDULE 1. Name: ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OR MATERIAL LIMITATIONS OF THIS POLICY WILL BE GIVEN, BUT ONLY IF : 1 . YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE , INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OR MATERIAL LIMITATION OF THIS POLICY; AND 2 . WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS SCHEDULE . Address: THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US . 2. Number of Days Written Notice: 30 Additional Days This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective I0-01-1e Policy No. UB-9K396901-18-i3-K Endorsement No. Insured Dakt onics, Inc. Premium $ Insurance Company The Travelers indemnity Countersigned by Company of America DATE OF ISSUE: io-oi-ie STASSIGN: Page 1 of 1 City Kent Business License DAK'FRONICS, INC. 331 32ND AVE BROOKINGS, SD 57006 Please tear at perforation BUSINESS LICENSE `d` ` ""°'° `'s` and use lax m�st tr c daded LICENSE MUST BE PAID ANNUALLY BY N,, 1715 fcrall quaGfi d �M JANUARY 1st TO AVOID PENALTY sales with'm the city of ss j11 T Issuance or License Does Not Imply Licensee's Kent. ' . ' Compliance with State and Local Laws THIS LICENSE MUST BE POSTED IN A CONSPICUOUS PLACE. NOT TRANSFERABLE OR ASSIGNABLE 2018 NAME AND ADDRESS OF BUSINESS BLOC-2110180 PA IRONICS, 1NC. slAy0k 201 DAKI RONICS DR Tax Registration The City Of Kent BROOKINGS. SD 57006 Endorsement .., t REQUEST FOR MAYOR'S SIGNATURE �''"►0 T Print on Cherry Colored Paper W.ir n.wwa pi. Routing Information: (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) ,r^^ Approved by Directol—LIZ'"2"' �( Originator: Jan Applegate Phone (Originator): 253-856-5122 Date Sent: 12/13/2018 Date Required: 12/17/2018 Return Signed Document to: Contract Termination Date: 04/01/2019 VENDOR NAME; Date Finance Notified: DaktrOnlCS, Inc. (only required on contracts 12/10/2018 420.000 and over or on any Grant) DATE OF COUNCIL APPROVAL: n/a Date Risk Manager Notified: 11/7/2018 (Required on Non-City Standard Contracts/Aareements) Has this Document been Specific�ll Account Number: P21018.66400 Authorized in the Budget? *YES NO Brief Explanation of Document: To sum this document up, please let me identify what is being purchased. One (1) new scoreboard for Hogan Park Field #2 - leagues and tournament teams have been playing that amenity for 3 seasons with it being non-functional. One (1) new four-digit time clock added to Field #1 scoreboard. This will be used for keeping the transition of scheduled events on time. The clock will assist maintenance staff in managing teams and walk-ons on and off the field. Four (4) two-digit timers for Fields 2 thru 5 - the timers will further assist maintenance staff to move onto a field in a timely manner for in-between game maintenance. The timers will also assist tournament directors, players and umpires in the management of time restricted games. This service is being contracted out because of our support crew's workload and the expertise of Daktronics. Another note to add is that in 2018 US/ASA Softball donated $5000.00 towards this replacement and improvement project. All Con tr e h The Law Department (This area to be completed by the Law Department) Received: / Approval of Law Dept.: �. n) HH1 ) oz� Law Dept. Comments: _ S Date Forwarded to Mayor: A . Shaded Areas To Be Completed By Administrati Received: 1P/ �fi �Gi!r�f 16 4W Recommendations and Comments: Disposition: 56ftl,� F--1 j/ la�(7 0 ( � r�lzrrdi Date Returned,, It nrnn �umena Y ewrny upuw¢'ur rvYns prs ua.. eury