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CAG2020-193 - Original - Daktronics, Inc. - Service Club Ballfields Scoreboards - 06/23/2020
ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: Director or Designee Mayor Date of Council Approval: Budget? Yes No Grant? Yes No Type:Review/Signatures/RoutingDate Received by City Attorney:Comments: Date Routed to the Mayor’s Office: Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? Yes No* *If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? Yes No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 Budget Account Number: 6XS0JU 'LU$VVW 'LU'HS Jan Applegate ✔ ✔ 15106404.66400.5205 860 W ✔ Daktronics, Inc.Contract 34710 Amendment Service Club Ballfields Scoreboards Purchase and installation of (4) scoreboards $ 35,538.80 Other 08/31/2020 ✔ ✔ 06/10/2020 06/15/2020 06/15/2020 06/19/2020 Parks, Recreation & Community Services GL RL JP OK to sign 6/22/2020, TW PUBLIC WORKS AGREEMENT - 1 (Over $20K with Performance Bond) 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 201 Daktronics Drive, Brookings SD 57006. Contact: Kyle Williams, Phone:(206) 612-8384 (mobile) or (605) 692-0200 Ext 82840, Fax: (605) 697-4746, (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 scoreboards at Service Club Ballfields located at 14608 S.E. 288th Street, Kent WA 98042 as described in Quote #456606-2-1 dated March 18, 2020 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 August 31, 2020 . III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed THIRTY FIVE THOUSAND FIVE HUNDRED THIRTY EIGHT DOLLARS AND EIGHTY CENTS ($35,538.80), 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. Payment and Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor, shall provide the City a payment and performance bond for the full contract amount. B. Retainage. 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 - 2 (Over $20K with 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. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City’s written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. “Additional costs” shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. THE CONTRACTOR’S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR’S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. IV.INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which Contractor’s services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor’s services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. 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 - 3 (Over $20K with 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 - 4 (Over $20K with 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. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX.LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR’S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. 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 defect, or (2) upon Contractor’s receipt of notification from the City of the existence or discovery of the defect. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. PUBLIC WORKS AGREEMENT - 5 (Over $20K with Performance Bond) 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 third-party claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of 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. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. PUBLIC WORKS AGREEMENT - 6 (Over $20K with Performance Bond) B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. 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. City Business License 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. K. Counterparts 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 PUBLIC WORKS AGREEMENT - 7 (Over $20K with Performance Bond) 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 affir.med, and the terms of the Agreement shall be deemed to have applied. CONTRACTOR: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: CONTRACTOR: Kyle Williams Daktronics Inc. 201 Daktronics Drive Brookings, SD 57006 (206) 612-8384 (mobile) or (605) 692-0200 Ext. 82840(telephone) (605) 697-4746(facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Ben Levenhagen, Support Services Field Supervisor City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 508-9548 (cell) or (253) 856-5133 (telephone) (253) 856-6120 (facsimile) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk .\OH:LOOLDPV 6DOHV Digitally signed by KWillia DN: dc=lan, dc=daktronics, ou=Dak, ou=Remote, ou=VPN, cn=KWillia, email=Kyle.Williams@daktronics.com Date: 2020.06.12 08:07:05 -07'00' 6/12/20 06/23/2020 Daktronics EEO Coordinator June 3, 2020 PGapp Digitally signed by PGapp Date: 2020.06.03 14:31:05 -07'00' 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 the Kent that was entered into on (date), between the firm I represent and the City of 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. By: _ For: Title Date EEO COMPLIANCE DOCUMENTS - 3 Brad Wiemann Vice President June 3, 2020 Brookings, SD BWieman Digitally signed by BWieman Date: 2020.06.03 17:37:04 -05'00' BIDDER RESPONSIBILITY CRITERIA - 1 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 (March 18, 2020), 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: ___________________________________________ Signature of Authorized Official* Printed Name: __________________________________ Title: _________________________________________ Date: _________________________________________ 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. EXHIBIT A 10- IDAKTRONICS DAKTRONICS.COM 201 Di",-t. o ni c S D : e F0 Box 128 �0 .325 87E6 e.. i j .^.1:5: 6 2_r2CO � 6CS 697-47 `v0 Thank you for giving Daktronics the opportunity to be your equipment provider. It is important to us that we capture your vision for this project. The provided quote outlines your product selection. Please look it over carefully and work with your salesperson to review and answer any questions. We look forward to partnering with you on this exciting opportunity! Placing Order. When you are ready to place your order, contact your salesperson to obtain order documents. Daktronics will need the following information: • Finalized equipment decision, including colors • Delivery location/address 4 Bill to information - Invoice Remit If you are incorporating school or sponsorship logos into your project, please view Daktronics Graphics File Standards, and submit with your order documents. Additional Information: Ourwebsite and blog offer helpful information. Learn more about what our customers are talking about by visiting the following: • Could your PA system use an upgrade? ■ Check out our Sports Sound Systems. • Wishing you could check off more items on your list of needs? • See how Daktronics. Sports Marketing, could add revenue to your budget. • Curious what other schools have installed? • Look through our Daktronics Snorts Photo Gallery for ideas. • Did you know we have an in-house reliability laboratory? • Experience the testing your components undergo in our Product Reliability Lab. • Interested in financing options for orders over $25,000? • View our 'Getting Started Guide to see what Daktronics offers. • Want to view helpful information related to our products, in addition to stories on how other schools are developing students and generating revenue? 0 Check out our bloc. Kent Parks Maintenance Shop Greg Highsmith 5821 S 240th St Kent, WA USA98032 Phone: (253) 740-7081 Fax: Email: ghighsmith@kentwa.gov 18/Mar/2020 Quote valid for; 90 days Terms: Net30 days from shipment with Purchase Order Subject to Credit Review FCA: DESTINATION Delivery: Call for Production Time Reference: Service Park Ballfield Scoreboards Item Model Description No. Qty Price BA-2715-R-PV-F PanaView@ Baseball/Softball Scoreboard; Scoreboard Color: Forest Green (8750); Caption Color: White (7725-10); Caption Choice (Pitch Count, At Bat, H/E, or Time): TIME Cabinet Dimensions: TO" H X 9' 0" W X 0' 8" D Digit Type: (Approx. Dimensions) Digit Color: PANAVIEW Max Power: RED Weight: 150 watts/display Unpackaged 75 lbs per display; Packaged 113lbs per display Outdoor Sheetmetal Side Ad 36in wide x 36in tall non -backlit Panel TO" x TO" sponsor/identification panel. Side mounted. Weight: Unpackaged 15 Ibs per display; Packaged 35 Ibs per display Stripe; OA-1091-0505 Radio Receiver Angle Clamp Mounting Method (A) LED Digit Protective Screens for BA-2515 and BA-2518 All Sport@ MX-1 Mobile Scoring Kit with Outdoor Enclosure Border Stripe for BA 2715 Scoreboards; Color Sunflower (7725-25) Frequency of 2.4 GHz For 2 Tubes Protective screen for outdoor LED scoreboards digits All Sport® MX-1 Mobile Scoring Kit with Gen VI Radio Transmitter. Includes Outdoor Enclosure FREIGHT Shipping to site via LTL (enclosed trailer). Usually unloads at a dock. Forklift or pallet jack may be required. Physical Installation See attachment A. System Startup Final Commissioning of Equipment Taxes Washington State Sales Tax will apply at the local rate of the installation address. It will be added to the invoice based on the final project amount. Daktronics, Inc. 201 Daktronics Drive Brookings, SD 57006 USA www.daktronics.com Quote # 456606-2 Rev 1 Page 1 of 3 4 4 4 4 4 $32,308.00 3 Comments Permit fees are not included in the quoted amount and will be added to the invoice based on the cost of fees and acquisition time. Services 4 G5C5-W Five Year Warranty - Parts Coverage - G5G5 On -site Labor One Year Extended Service for on -site labor coverage Total Price Excluding Applicable Tax: $32,308.00 Please reference listed sales literature: DD1569120 for On -site Labor, DD1628383 for G5CS-W, DD1734734 for BA-2715-R-PV-F, DD3888368 for All Sport® MX-1 Mobile Scoring Kit with Outdoor Enclosure, SL-M70 for Radio Receiver, SL-04939 for LED Digit Protective Screens for BA-2515 and BA- 2518 Please reference listed shop drawings: DWG-03899921 for All Sport® MX-1 Mobile Scoring Kit with Outdoor Enclosure Daktronics, Inc. Quote # 456606-2 Rev 1 Brookings, Daktronkings, SD Drive Brookings, SD 57006 USA Page 2 of 3 www.daktmnics.com oAKTRONiCs Leasing Program If your purchase exceeds $25,000, you may qualify for our leasing program allowing you more flexibility to spread out the cast of your Daktronics display over of a period up to five (5) years. Benefits of our leasing program include fixed rate financing, non -appropriation clause, no prepayment penalty, and customizable payment schedules. Plus, at the end of the lease, the equipment is yours to keep with no additional balloon payments. Sample payment options as follows: $50,000 in total equipment cost = $10,700 per year $100,000 in total equipment cost = $21,199 per year $250,000 in total equipment cost = $52,899 per year "Payments based on 5 yearlannual payment in advance structure. Leasing is subject to credit approval and agreed upon documentation with Daktronics fending partner. Contact your Daktronics representative for additional options and details. Exclusions: - Structure - Power - Engineering Certification - Labor to Pull Signal Cable - Applicable Permits - Taxes - Electrical Switch Gear or Distribution Equipment Unless expressly staled otherwise in this Quote # 45660fi-2 Rev 1 or the attachments, if Daktranics performs lnsha laden of the Equipment, the price quoted does not include the following services pertaining to physical installations: digging of footings (including dirt removal), any materia}s fabrication, installation of sleei cages, rebar, of bWt attachments, or pouring and finishing of concrete footings. Those service may be provided for an additional cast beyond the quoted price. Purchaser shall be fully responsible far any and all additional costs plus overhead in the event anything unexpected of any nature whatsoever Is found while digging the footings including but are not limited to rock, water, utility lines, pipes or any other unforeseen 6rcumstancs. The Purchaser acknowledges and agrees that it is fully responsible for all site conditions. ....�w.wa-vn acarvnmumuw. If applicable please reference Attachment A for Installation Responsibilities. Ad/ID Copy Approval Process Customer shall provide digital artwork for advertising and identification panels, conforming to Daktronics' graphic file standards, at the time of order. Daktronics will create a proof of provided artwork and require approval of that proof three weeks prior to the initial anticipated ship date. Advertising and identification panels not approved in time, will be shipped without copy in Daktronics' standard finish. Kyle Williams PHONE: 206-612-8384 FAX: 605-697-4746 EMAIL: Kyle.Williams@daktronics.com Terms And Conditions: Gary Delaney PHONE: 605-692-0200 FAX: 605-692-0381 EMAIL: Gary.Delaney@daktronics.com The Terms and Conditions which apply to this order available on request. SL-02374 Standard Warranty and Limitation of Seller's Liability (www.daktronies.com/terms_conditions/SL-02374.pdf) SL-02375 Standard Terms and Conditions of Sale (www.daktronies.con/terms_conditions/SL-02375.pdf) SL-07862 Software License Agreement (www.daktronics.com/terms_conditions/SL-07862.pdt) NOTE: This quote is not to be used as a purchase order/order form. Please request a formal quote with specific options defined from your Daktronics representative, when you are ready to purchase. Daktronics, Inc. Quote # 456606-2 Rev 1 Brookings, Daktronkings, SD Drive Brookings, SD 57006 USA Page 3 of 3 wvM.daktronics.com ATTACHMENT A Outdoor Responsible Party Daktronics Customer Description I. Provide payment and performance Bond. ✓ 2.Secure necessary sign permits. ✓ 3.Secure necessary construction permits. ✓ 4. Provide existing utility drawings. ✓ 5. Removal of existing equipment. ✓ 6.Disposal of existing equipment. ✓ 7. Generate and issue standard product attachment drawings. ✓ 8.Generate and issue standard product electrical and signal drawings. ✓ 9. Provide approval of all engineering drawings, electrical drawings, shop drawings, equipment locations, color renderings, and ad copy layouts. 10.Customer is responsible to ensure the existing structure/building is adequate, including any necessary modifications, for the installation of the Equipment, including but not limited to (i) ✓ obtaining certified engineer drawings to the extent required by law and (ii) providing Daktronics, upon reasonable request, documentation relating to the existing structure and modifications necessary for Daktronics perform its work. 11. Unobstructed access to equipment and control room installation site until display is 100%. Installation equipment (cranes, lifts, trucks, concrete trucks, etc.) are expected to have access directly to the scoreboard/structure location. No concrete pumping, concrete buggies, or crane picks over 10' distance from scoreboard structure are included. ✓ 12.Landscaping to include all. ✓ 13. Provide camera-ready artwork for ad panels, and logos at time of order. ✓ 14. Provide all landscape protection, track, sidewalk, path, site restoration, and/or sprinkler system repair work. ✓ 15.Site clean-up after Daktronics work. ✓ 16.Crating and shipping of all equipment to facility via common or independent carrier. ✓ 17.Accept, lift, unload, and inspect all scoring equipment and control equipment from carrier. 18.Provide storage of scoring equipment and control equipment in a safe, dry, and secure location until installation. ✓ 19.Provide Equipment attachment hardware. ✓ 20.Install Equipment attachment hardware. ✓ 21.Paint existing support structure. ✓ 22.Lift and mount Equipment listed in this quotation. 23. Provide primary power feed up to and including five (5) feet off grade on structure in the form ✓ of transformer and electrical disconnect with over current protection per all applicable electrical codes and regulations. Note: Maximum voltage of 120 volts line to neutral for all display systems. 24. Provide secondary power conduits, distribution panel, power cable and power hook-up from ✓ the five (5) feet off grade on structure to all Daktronics supplied load centers/termination panel at/within the Equipment. ✓ 25.Installation of Daktronics provided radio/wireless receiver hardware at the equipment location. ✓ 26. Required power outlets on clean dedicated circuit(s) for all scoring and control equipment. 201 Daktronics Drive Brookings, SD 57006 USA www.daktronics.com Quote # 456606-2 Rev 1 Page 1 of 2 DAKTX ONIcs 27.Unpack, set-up, hook-up, and testing of control system. ✓ 28.Provide personnel For maintenance and operator training. 29.Perform maintenance training during installation. 30.Perform operator training. 31. Perform final systems testing and commissioning. ✓ 32.Final acceptance, per DF-1252. ✓ 33.Walk-thru inspection at Substantial Completion and identification of punchlist items 34.Completion of punch list items. ✓ 35.Installation assumes access to all 4 locations within the same mobilization. NOTE: All change order work performed by Daktronics or Daktronics subcontractor will be performed at cost plus 20% overhead and profit. 1U i Daktronics Drive Brookings, SD 57006 USA www.daktronics.com Quote # 456606-2 Rev 1 Page 2 of 2 D KTRONICS �i W CQ C Z X 3 o cA d 0 o - - za O Q pC�N W Lao M FnW z cc X o o) X �0 Q X o � wQ _ N C _2U) N > O Q O Q O V J 0M mM fnM Qd En U Z 0 F Q Bond No. K4015680A a KENT PAYMENTAND PERFORMANCE BOND TO CITY OF KENT KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, Daktronics, Inc. as Principal, and Federal Insurance Company a Corporation organized and existing underthe 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 $ $35,538.80--------------- togetherwith 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 Ordinancesof 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 Scoreboard at Service Club Bailfields (which contract is referred to herein and is made a part hereof as though attached hereto), and WHEREAS, the Principal has accepted, or is about to accept, the contract, and undertaketo perform the work therein provided for in the manner and within the time set forth: NOW, THEREFORE, for non-F11WA 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 Iof2 law) of each corporate party is hereto affixed and duly signed by its undersigned representatives pursuant to authority of its governing body, TWO WITNESSES: i7ATE: v1 7-0 KID 'C-L' I �A PRINT NAME DATE: v 1 �`wvtJ� 2OZ!) CORPORATE SEAL: Daktronics, Inc. PRINCIPAL (enter principal's name above) BY: TITLE ; 1 DATE, U7 _1.4 W E 2Q) Z.c' CORPORATE SEAL: Federal Insurance Company SURETY BY DA . une 1, 2020 TITLE. Debra C. Schneider, Attorney -In -Fact ADDRESS: 701 Market Street, Suite 1100 St. Louis, MO 63101 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 She-1 1 Who signed the said bond on behalf of the Principal N -� Of the said Corporation; that I know his signature thereto is genuine, and that said Bond was duly signed, sealed, and attested fy ,and in bebalfVaid Corporation by authority of its governing body. SECRETARY OR ASSISTANT SECRETARY PAYMENT AND PERFORMANCE BOND Page 2of2 �-t -ft�S- (t9TIOCATE Carta: ZAAd N�rev:certify th--t I j.the Seqeury -of cs t.c is;ce catO: bb fh grOriafter I'M "0 t' gs-�$jjq orppra.pm t:0 N bgjiWf -.qf, th.!e Zia po p n- in rp* Id. 00, her., b V : p., 4--, a._ the F t CbP -Alop r c thatha Am:arvldd Istatet I.T Inc.. #,s Df D ,iktrp.6iqs -Ar.tide.Vll,,$pq0Pry S-;% st tel. ._vtl-e Q 'Orp ono Rota Rytowff b ly ration hov� no 1;orpor�te -Apat -kaoft4d TO A4 L - TO -", Q M THPIE SbO I U tOftk e, F,..-A Oriny- Kr! 0 s, -.- N a TARY PUBLIC dOty a 6thb6g,'Od 0 ft. d 'The -AbOve �igf:)At4f0g M4ronlc-F'$ect�etaMY -'Poo; q4*0 1N-TIC IMONT•whr-re.] have. d@ th. day of Ja-ftb g Mo4 y toaf : tlOlt k ? ,4A Wtary. PubliakAte-YIrms Court of Br60M[19s ._411�@te.qf%5b.d_th Dgkdtai CHUBPER' Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Know All by These Presents, That FEDERAL INSTJRANC13 COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Pamela A. Beelman, Cynthia L. Choren, Brittany D. 5tuckel, JoAnn R. Frank, Sandra L. Ham, Leah L. Juenger, Held! A. Notheisen, Karen L. Roider and Debra C. Schneider of St. Louis, Missouri ---------- ------------ each as their true and lawful Attorney -in -Fact 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 bnnds) given or executed in the course of business, and any Instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or nbligatiolts. 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 22^" day of July, 2019. Ikrvm 11. Chka-ir- A-,qiSI.lni Socrcvlry Stcpihcn 11. 1l:mcy. Vice Pi-L-ml iI STATE OF NEW JERSEY County of] funterdon SS On this 22"" day of July, 2019, before me, a Notary Public of New Jersey, personally came Dawn 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 duly 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 seats 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 Prover of Attorney is in the genuine handwriting of Stephen M. Haney, and was thereto subscribed by authority of said Companies and in deponenes presence. Notarial Seal HOSE COHTIS +�nr 1NtTARY Lb. 5C 72*00 FASE'! wu�w rb.5007240p dFrvh o� r«nrtuwtt5totwRmvrnlrorzz,aa'r! \(wily I'LINic CERTIFICATION Resolutions adopted bythe Boards of Dhectors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 201G: "RFSOLVP.D, that the following authorizations relate to the execution, for and on behalf of the Company, of honds, undertakings, recognizances, contracts and other written commitments of the company entered into in the ordinary course ofbuslness (each a "1Ydtten Commitment`): (1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any written Commitment for and on behalfor[he Company, under the seal of the Company or othenvise. (2) 1'ach duly appointed attomey-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or othenvise, to the extent that such action is authorized bydtegrantofpawcrs provided for in such person's wdnenappolniment asaudt attorney -in -fact (3) Each of the Chairman. the President and the Vice [residents of the Companytshereby authorized, for and on behalfof the Company, toappoint inwriting any person the attorney - In -fact of the Company with full power andamhorftymexecute, for and on behalfofthe Company, under the seal nfdte Company orothenvlse,such Written Commitments ofthe Companyas maybe sperlhed In such written appointment, which specification may be by general type or class of written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman, [he President and the Vice Presidents of the Company is hereby authorized, for and on behalrofthe Company, is delegate in writing to any other officer ofthe oxnpany the authority to execute, for and on behalf of the Company, under the Campany's seal or otherwise, such Written Commitments orthe Company as are specified In such written delegation, which specification may be by general type or cla%of Written Commitments or by specification ofone or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution. and [he seal of the Company, may be affixed try facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED. that the foregoing Resolution shag not be deemed to be an exclusive statement of the powers and authority of officers. employees and other persons to act for and on behalf of the Company. and such Resolution shall no( Unit or otherwise affect the exercise ofany such power or authority otherwise validly granted or vested" 1, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect, (it) the foregoing Power of Attorney is true, correct and In full force and effect. Given under my hand and seals ofsaid Companies at Whitehouse Station, NJ, this 1st day of June, 2020. �.+'�� �arw.f II:Iwu1l.l;hkx(r<.:Itiist:ml5lzrc[:u3' INTHE EVE W YOU WISHTO VERIFY THE AUPHF.NTfCITY OFTHIS BOND ORNOTIFYUS OF ANY 0TIIER,11A'frER. PLEASECONTACT'US AT: Telephone (908) 9G3- 3493 Fax(908)903-3656 e-mail: sure[ [aehubb,com FEO- NAG -PI (rev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nsurance 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 covering both ongoing and completed operations. 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 Liability 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. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 06/02/2020 Marsh USA Inc. 333 South 7th Street, Suite 1400 Minneapolis, MN 55402-2400 CN101850955--GAWU-19-20 US Centralized Services 866-966-4664 Minneapolis.CertRequest@marsh.com Travelers Indemnity Co Of CT Travelers Indemnity Company of America Travelers Property Casualty Co. of America 25674 25666 25682 Daktronics, Inc. 201 Daktronics Drive PO Box 5128 Brookings, SD 57006-5128 CHI-009519155-00 0 Attn: minneapolis.certrequest@marsh.com FAX 212 948-5382 X X X X HE-660-117D6882-TCT-19 10/01/2019 10/01/2020 1,000,000 15,000 1,000,000 1,000,000 C X XX HJ-CAP-117D6901-TIL-19 10/01/2019 10/01/2020 1,000,000 C X X X CUP-162D3999-TIL-19 10/01/2019 10/01/2020 5,000,000 5,000,000 C B N UB-9K250310-19-I3-R (AZ,MA,WI) UB-9K396901-19-I3-K (AOS) 10,000 10/01/2019 10/01/2019 10/01/2020 10/01/2020 1,000,000 1,000,000 1,000,000 Project: Service Club Ballfields - Daktronics Quote 456606 The City of Kent is included as additional insured (except workers’ compensation) where required by written contract. This insurance is primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured subject to policy terms and conditions. 2,000,000 2,000,000 X A City of Kent Manashi Mukherjee of Marsh USA Inc. 220 Fourth Ave. S Kent, WA 98032 Named Insured: Daktronics, Inc. Policy Dates: 10/1/2019 to 10/1/2020 Policy number: HE-660-117D6882-TCT-19 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 The following is added to SECTION II — WHO IS AN (a) The Additional Insured — Owners, Les - INSURED: sees or Contractors — Scheduled Person Any person or organization that: or Organization endorsement CG 20 10 a. You agree in a written contract or agreement to 07 04 or CG 20 10 04 13. the Additional include as an additional insured on this Coverage Insured — Owners; Lessees or Contrac- Part: and tors — Completed Operations endorse- ment CG 20 37 07 04 or CG 20 37 04 13, b. Has not been added as an additional insured for or both of such endorsements with either the same project by attachment of an endorse- of those edition dates: or ment under this Coverage Part which includes (b) Either or both of the following: the Addi- such person or organization in the endorsement's tional Insured — Owners. Lessees or Con - schedule; tractors — Scheduled Person Or Organi- is an insured, but: zation endorsement CG 20 10, or the Ad- a. Only with respect to liability for "bodily injury" or ditional Insured — Owners, Lessees or "property damage" that occurs; or for "personal Contractors — Completed Operations en - injury" caused by an offense that is committed, dorsement CG 20 37, without an edition subsequent to the signing of that contract or date of such endorsement specified; agreement and while that part of the contract or the person or organization is an additional in - agreement is in effect; and sured only if the injury or damage is caused, b. Only as described in Paragraph (1), (2) or (3) be- in whole or in part; by acts or omissions of low, whichever applies: you or your subcontractor in the performance (1) If the written contract or agreement specifical- of "your work" to which the written contract or ly requires you to provide additional insured agreement applies; or coverage to that person or organization by (3) If neither Paragraph (1) nor (2) above applies: the use of: (a) The person or organization is an addi- (a) The Additional Insured — Owners, Les- tional insured only if, and to the extent sees or Contractors — (Form B) endorse- that, the injury or damage is caused by ment CG 20 10 11 85, or acts or omissions of you or your subcon- (b) Either or both of the following: the Addi- tractor in the performance of "your work" tional Insured — Owners, Lessees or Con- to which the written contract or agree - tractors — Scheduled Person Or Organi- ment applies; and zation endorsement CG 20 10 10 01, or (b) Such person or organization does not the Additional Insured — Owners, Lessees qualify as an additional insured with re - or Contractors — Completed Operations spect to the independent acts or omis- endorsement CG 20 37 10 01; sions of such person or organization. the person or organization is an additional in- The insurance provided to such additional insured is sured only if the injury or damage arises out subject to the following provisions: of "your work" to which the written contract or a. If the Limits of Insurance of this Coverage Part agreement applies; shown in the Declarations exceed the minimum (2) If the written contract or agreement specifical- limits required by the written contract or agree- Iy requires you to provide additional insured ment, the insurance provided to the additional in - coverage to that person or organization by sured will be limited to such minimum required the use of: limits. For the purposes of determining whether CG D6 04 02 19 C 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 COMMERCIAL GENERAL LIABILITY this limitation applies, the minimum limits required by the written contract or agreement will be con- sidered to include the minimum limits of any Um- brella or Excess liability coverage required for the additional insured by that written contract or agreement. This provision will not increase the limits of insurance described in Section III — Limits Of Insurance. b. The insurance provided to such additional insured does not apply to: (1) Any "bodily injury", "property damage" or "personal injury" arising out of the providing, or failure to provide; any professional archi- tectural; engineering or surveying services, including: result in a claim. To the extent possible, such notice should include: (a) How; when and where the "occurrence" or offense took place; (b) The names and addresses of any injured persons and witnesses; and (c) The nature and location of any injury or damage arising out of the "occurrence" or offense. (2) If a claim is made or "suit" is brought against the additional insured: (a) The preparing, approving; or failing to prepare or approve, maps, shop draw- ings; opinions, reports; surveys, field ❑r- (3) ders or change orders, or the preparing, approving, or failing to prepare or ap- prove; drawings and specifications; and (b) Supervisory, inspection; architectural or engineering activities. (a) Immediately record the specifics of the claim or "suit" and the date received; and (b) Notify us as soon as practicable and see to it that we receive written notice of the claim or "suit" as soon as practicable. Immediately send us copies of all legal pa- pers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. (2) Any "bodily injury" or "property damage" (4) Tender the defense and indemnity of any caused by "your work" and included in the claim or "suit" to any provider of other insur- "prod ucts-completed operations hazard" un- ance which would cover such additional fin- less the written contract or agreement specifi- sured for a loss we cover. However, this con- cally requires you to provide such coverage dition does not affect whether the insurance for that additional insured during the policy provided to such additional insured is primary period. to other insurance available to such additional c. The additional insured must comply with the fol- insured which covers that person or ❑rganiza- lowing duties: tion as a named insured as described in Par- (1) Give us written notice as soon as practicable agraph 4., Other Insurance, of Section IV — of an "occurrence" or an offense which may Commercial General Liability Conditions. Page 2 of 2 C 2017 The Travelers Indemnity Company. All rights reserved. CG Q6 04 02 19 Named Insured: Daktronics, Inc. Policy Dates: 10/1/2019 to 10/1/2020 Policy number:HJ-CAP-117D6901-TIL-19 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 With respect to coverage provided by this endorsement, the provisions of the Coverage Farm apply unless modified by the endorsement. 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 coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COVERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured. of SECTION II — LIABILITY COVERAGE: Any organization you newly acquire or form during the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1.. Who Is An Insured. of SECTION II — LIABILITY COVERAGE: This includes any person or organization who you are required under a written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS as an additional insured for Liability Coverage, but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insured". C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1.. Who Is An Insured, of SECTION II — LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto' hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.5., Other Insurance. of SECTION IV — BUSINESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: CA T3 53 08 17 Cc 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services 0ffice, Inc. with its permission COMMERCIAL AUTO [1 ) Any covered "auto' you lease, hire, liability company) or members of their rent or borrow; and households. (2) Any covered "auto" hired or rented by (1) With respect to any claim made or "suit" your "employee" under a contract in brought outside the United States of that individual "employee's" name, America, the territories and possessions with your permission, while of the United States of America. Puerto performing duties related to the Rico and Canada: conduct of your business. (a) You must arrange to defend the However, any "auto" that is leased, hired, "insured" against, and investigate or rented or borrowed with a driver is not a settle any such claim or "suit" and covered "auto", keep us advised of all proceedings D. EMPLOYEES AS INSURED and actions. The following is added to Paragraph A.1., Who Is (b) Neither you nor any other involved An Insured, of SECTION II — LIABILITY "insured" will make any settlement COVERAGE: without our consent. Any "employee" of yours is an "insured" while (c) We may, at our discretion, participate using a covered "auto" you don't own, hire or in defending the "insured" against, or borrow in your business or your personal affairs. in the settlement of, any claim or "suit". E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS (d) We will reimburse the "insured": 1. The following replaces Paragraph A.2.a.(2), (i) For sums that the "insured" of SECTION II — LIABILITY COVERAGE: legally must pay as damages because of "bodily injury" ❑r (2) Up to $3,000 for cost of bail bonds property damage to which this (including bonds for related traffic law insurance applies, that the violations) required because of an "accident" "insured" pays with our consent, we cover. We do not have to but only up to the limit described furnish these bonds. in Paragraph C., Limit Of 2. The following replaces Paragraph A.2.a.(4), Insurance, of SECTION II — of SECTION II — LIABILITY COVERAGE: LIABILITY COVERAGE; (4) All reasonable expenses incurred by the (ii) For the reasonable expenses "insured" at our request, including actual incurred with our consent for your loss of earnings up to $500 a day investigation of such claims and because of time off from work. your defense of the "insured" F. HIRED AUTO — LIMITED WORLDWIDE against any such "suit", but only COVERAGE —I NDEM NITY BASIS up to and included within the limit The following replaces Subparagraph e. in described in Paragraph C., Limit Paragraph B.7., Policy Term, Coverage Of Insurance, of SECTION II — Territory, of SECTION IV — BUSINESS AUTO LIABILITY COVERAGE, and not CONDITIONS: in addition to such limit. Our duty e. Anywhere in the world, except any country or to make such payments ends jurisdiction while any trade sanction, when we have used up the embargo, or similar regulation imposed by the applicable limit of insurance in United States of America applies to and payments for damages, prohibits the transaction of business with or settlements or defense expenses. within such country or jurisdiction, for Liability (2) This insurance is excess over any valid Coverage for any covered "auto' that you and collectible other insurance available lease, hire, rent or borrow without a driver for to the "insured" whether primary, excess a period of 30 days or less and that is not an contingent or on any other basis. "auto" you lease, hire, rent or borrow from "employees", (3) This insurance is not a substitute for any of your partners (if you are a partnership), members [if you are a limited required or compulsory insurance in any country outside the United States, its Page 2 of 4 C, 2016 The Travelers Indemnity Company. All rights reserved. CA T3 53 08 17 Includes copyrighted material of Insurance Services 0ffice, Inc. with its permission COMMERCIAL AUTO territories and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory insurance in any such country up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory insurance requirements. (4) It is understood that we are not an admitted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Canada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deductible. of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Paragraph A.4.1b., Loss Of Use Expenses. of SECTION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is S65 per day, to a maximum of $750 for any one "accident'. I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Paragraph A.4.a.. Transportation Expenses. of SECTION III — PHYSICAL DAMAGE COVERAGE: We will pay up to S50 per day to a maximum of $1,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. J. PERSONAL EFFECTS The following is added to Paragraph A.4., Coverage Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to $400 for "loss" to wearing apparel and other personal effects which are: (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Effects coverage. K. AIRBAGS The following is added to Paragraph 13.3., Exclusions. of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that inflate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto' is a covered "auto" for Comprehensive Coverage under this policy; b. The airbags are not covered under any warranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a.. of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representative prompt notice of the "accident" or "loss" applies only when the "accident' or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability company); (d) An executive officer, director or insurance manager (if you are a corporation or other organization); or (e) Any "employee" authorized by you to give notice of the "accident' or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5.. Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDITIONS: CA T3 53 08 17 Cc, 2016 The Travelers Indemnity Company. All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services 0ffice, Inc. with its permission COMMERCIAL AUTO Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person ❑r ❑rganization t❑ the extent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Concealment, Misrepresentation, Or Fraud, of SECTION IV — BUSINESS AUTO CONDITIONS: The unintentional omission of. ❑r unintentional error in, any information given by you shall not prejudice your rights under this insurance. However this provision does not affect ❑ur right to collect additional premium or exercise our right of cancellation or non -renewal. Page 4 of 4 C] 2016 The Travelers Indemnity Company. All rights reserved. CA T3 53 08 17 Includes copyrighted material of Insurance Services 0ffice, Inc. with its permission 171 City of Kent Business License DAKTRONICS, INC. 331 32ND AVE BROOKINGS, SD 57006 r.. � � �.G LIAR 4 3 Z08 Piease tear at perforation --------------------------------------------------- BUSINESS LICENSE LICENSE MUST BE PAID ANNUALLY BY JANUARY Ist TO AVO® PENALTY Issuance of License Does Not Imply Licensee's Compliance with State and Local Laws THIS LICENSE MUST BE POSTED IN A CONSPICUOUS PLACE. NOT TRANSFERABLE OR ASSIGNABLE NAME AND ADDRESS OF BUSINESS BLOC-2110180 DAKTRONICS, INC. 201 DAKTRONICS DR BROOKINGS, SD 57006 Tax Registration Endorsement Per RCW 82.14 local sales and use tax must be coded No. 1715 for all qualified sales within the city of Ken[. 2020 MAYOR The City of Kent At 2204TH AVE sn KENT. WASHING ON 98032•