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HomeMy WebLinkAboutCAG2021-468 - Original - Daktronics, Inc. - Upgrade of City-Owned Scoreboards at Several Parks - 10/28/2021ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: Director or Designee Date of Council Approval: Grant? Yes No Type:Review/Signatures/RoutingComments: 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* Business License Verification: Yes In-Process Exempt (KCC 5.01.045) 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. Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 Budget Account Number: Budget? Yes No Sup/Mgr: rev. 20210513 FOR CITY OF KENT OFFICIAL USE ONLY * Memo to Mayor must be attached Dir Asst: Jan Apple 4 10/11/2021 Original34710 Parks, Recreation & Community ServicesJan Applegate 11/30/2021 4 10/14/2021 as soon as possible n/a 4 Other 10006600.64190.5xxx Contract $10,255.82 N/A 4 4 4 GL PUBLIC WORKS AGREEMENT - 1 ($20K or Less and No 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) (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I.DESCRIPTION OF WORK. The Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: Upgrade five (5) City-owned scoreboards to Wi-Fi operation at Hogan Park at Russell Road, located at 24400 Rusell Road, Kent WA 98032. The vendor will also hard-wire the control boxes for these scoreboards at Hogan Park and at the Service Club Ballfields located at 14608 S.E. 288th Street, Kent WA 98042. Per Daktronics Quote # 774025-2-0 attached and incorporated as Exhibit A, except for the “Terms and Conditions” and "Acceptance" sections of the Quote, which are specifically excluded from and not incorporated into this Agreement.”. The 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 within 10 working days after the City issues its Notice to Proceed. Upon the effective date of this Agreement, all physical work shall thereafter be completed by November 30, 2021. The term of this Agreement shall continue until all work has been completed, final acceptance has occurred, and all Contractor obligations have been fulfilled. III.COMPENSATION. The City shall pay the Contractor a total amount not to exceed TEN THOUSAND TWO HUNDRED FIFTY FIVE DOLLARS AND EIGHTY TWO CENTS, including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. Any additional work or cost that exceeds this amount will require an amendment to this Agreement and must be agreed upon by both parties in advance. The City shall pay the Contractor eighty-five percent (85%) of the Contract amount upon completion and acceptance of the work by the City, or at such earlier time as the City may determine is appropriate. The City will pay the remaining Contract amount upon fulfillment of the conditions listed below and throughout this Agreement. Card Payment Program. The Contractor may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Contractor. If the Contractor voluntarily participates in PUBLIC WORKS AGREEMENT - 2 ($20K or Less and No Performance Bond) this Program, the Contractor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Contractor shall not charge those fees back to the City. A. No Payment and Performance Bond. Because this contract, including applicable sales tax, is $150,000 or less, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a payment and performance bond, has elected to have the City retain the final ten percent (10%) of the Contract amount for a period of thirty (30) 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 Chapter 60.28 RCW, whichever is later. B. Retainage. The City shall also hold back a retainage in the amount of five percent (5%) of any and all payments made to the 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 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 the Contractor’s signature on the Agreement. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from the 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 the 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 the 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 the 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 the Contractor’s services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. PUBLIC WORKS AGREEMENT - 3 ($20K or Less and No Performance Bond) D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Contractor’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. “Good cause” shall include, without limitation, any one or more of the following events: A. The Contractor’s refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor’s failure to complete the work within the time specified in this Agreement. C. The Contractor’s failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor’s persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor’s filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor’s breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor’s possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. The 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. The Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by the 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, the Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, Section XVI(D), within fourteen (14) calendar days of the date the 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 PUBLIC WORKS AGREEMENT - 4 ($20K or Less and No Performance Bond) 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 IX, 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 the 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. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government (“force majeure event”). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Contractor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Contractor due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Contractor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Contractor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Contractor. IX. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. PUBLIC WORKS AGREEMENT - 5 ($20K or Less and No Performance Bond) 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). X. 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. XI. WARRANTY. The 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 the Contractor knows or should have known of the defect, or (2) upon the Contractor’s receipt of notification from the City of the existence or discovery of the defect. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for 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. XII. 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. PUBLIC WORKS AGREEMENT - 6 ($20K or Less and No Performance Bond) The 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. XIII. INDEMNIFICATION. The 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 the 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 the 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 the 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 the 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. XIV. 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. XV. WORK PERFORMED AT CONTRACTOR'S RISK. The 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 the Contractor's own risk, and the 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. XVI. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules PUBLIC WORKS AGREEMENT - 7 ($20K or Less and No Performance Bond) 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 XIII 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 the 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 the 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, the 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 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 PUBLIC WORKS AGREEMENT - 8 ($20K or Less and No Performance Bond) to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONTRACTOR: By: Print Name: Its DATE: CITY OF KENT: By: Print Name: Brian Levenhagen Its: Deputy Director NOTICES TO BE SENT TO: CONTRACTOR: Kyle Williams Daktronics Inc. 201 Daktronics Drive Brookings, SD 57006 (206) 612-8384 (telephone) (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) ATTEST: Kent City Clerk Regional Territory Manager 10/26/2021 Kyle Williams Brian J Levenhagen (Oct 28, 2021 16:11 PDT) EEO COMPLIANCE DOCUMENTS - 1 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1.I have read the attached City of Kent administrative policy number 1.2. 2.During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3.During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4.During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5.Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: __________________________________________ For: _________________________________________ Title: ________________________________________ Date: ________________________________________ Regional Territory Manager Daktronics Inc 10/26/2021 EEO COMPLIANCE DOCUMENTS - 2 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 - 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of 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. By: __________________________________________ For: _________________________________________ Title: ________________________________________ Date: ________________________________________ 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 (September 14, 2021), 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. Seatac, WA Regional Territory Manager Kyle Williams 10/26/2021 EXHTBIT A DAKTRONfCS QUOTE # 774025-2-0 Kent Parks DePartment 220 4th Ave S Kent, WA USA 98032 Phone: Fax: Email: 14lSep12021 Quote valid for: 30 daYs Terms: Net 30 days from shipment with Purchase Order FCA: DAKTRONICS Work will be performed at a combination of Hogan Park and hl h- ffi'#T,*i:: Service Club Ballfields Reference: Hoqan Park at Russell Road - MX-l Upgrades 'Case 00166294 Item Model SERVtCE 0A-2026-0004 w-3790038 3 Comments 4 Comments HSPR Labor Rate HSPR Labor Rate Comments 8 Prevailing Wage Description MX-1 KIT ASSEMBLY BOX MX-1 Signal Out 4P Circular to 114" Stereo Plug for wire control - 1Oft All parts are expected to have at least a 2 week lead time. Please note we are quoting three full days of service due to the quantity of scoreboards being upgraded. First hour on-site technical service and total travel** Onsite labor charge after the 1st hour ** Please note the labor listed above is only an estimate' Billing will be determined based on onsite hours once work is completed. Cancellations or reschedules need to be requested before the travel start to avoid additional charges. Prevailing Wage Fees Estimate, if applicable. Aty Price No. 5 5 1 2 usD 6,325.00 usD 150.00 usD 1,170.00 usD 1,470.00 1 1 5 6 3 14 1 Comments7 1 1 USD 200.00 Total Price Excluding Applicable Tax:usD 9,315.00 ** Service scope to include installation of s MX- t Assembly boxes at Hogan Park. Includes wiring into existing data cable and permanent power wiring into existing Power circuits' Scope ior Service Club Ballfields includes permanent wiring of existing MX-1 interface boxes to existing power outlets. hl^,F- Digitally signed by KYle Williams DN: cn=Kyle Williams, o=Daktronics lnc, ou=Sales, email=kyle.williams@daktronics.com, c=US Date: 2021.1 0.07 1 3:38:29 -07'00' Daktronics, lnc. 201 Daktronics Drive Brookings, SD 57006 USA www.daktronics.com Quote # 774025-2 Rev 0 Page 1 of 3 EAKTFICINICE DAKTRONICS QUOTE # 774025-2-0 Exclusions: - Electrical lnstallation - Physical/Mechanical lnstallation - Structure - Foundation - power - Hoist - fecnnicat SupporUlnstallation Support 'Engineering cfrtification - Signal ConCdii - Labor to Pull Signal Cable - Aplplicable Permits - Duties _ Gustoms Clearance - Electrical Switch Gear or Distribution Equipment - Front End EquiPment Unless expressly stated otherwise in this euote # 774025-2 Rev 0 or the attachments, if Daktronics performs installation of the Eqrip,",.'"ni the 6rice quoteo ooes not include the following services pertaining to physical installations: digging of footin-gs ti,iiruoing oirt removat), ";t;;6hb fabrication, instailation of steei cages, rebar, or bolt attachments, or pouring and finishing of iJncietjtootings. Those ;il;" ;;t oe provided for an additional cost beyond the quoted price. Purchaser shall be fully i""ponliOf" for"any anO att aOOitlonai costs plus overhead in the event anytning unexpected of any nature whatsoever is found wnite oigging the fbotings inclrJing brt are liot limited to rock, water, utility line!, pipes or any other unforeseen circumstance. The purchai-r aiknowledges and agrees that it is fully responsible for all site conditions' lnstallation ResPonsibilities: lf applicable please reference Attachment A for lnstallation Responsibilities. Ad/lD Copy Approval Process Daktronics will process your proofs on orders that include advertising and identification panels. Your digital files and copy layouts should conform to graphic file standards document, sL-04116. rhe Oigitat data files inc copy layouts must be.s_ubmitted at the time of your order and our proofs need to be approved t*o *""rsprior to your initiai aniicipated ship date. Aovertising and identification panels not receiving proof approvals in time will be shipped without copy in our standard finish. Kirstie Kurtenbach PHONE: 605-692-0200 FAX: EMAI L: Kirstie. Kurtenbach@daktronics.com Terms And Conditions: The Terms and Conditions which apply to this order available on request' SL-05662 Terms and Conditions of Extended Service (www.daktronics.corn/terms-conditions/SL-05662.pd0 SL-02375 Standard Terms and Conditions of Sale (www.daktronics.corn/terms-conditions/Sl-02375.pdf) SL-07862 Software License Agreement (www.daktronics.corn/terms-conditions/Sl-07862.pdf) SL-041 16 Graphic File Standards (www.daktronics.corn/terms-conditions/Sl-041 16.pd0 Acceptance: The Undersigned has actual authority to execute this document and Daktronics, lnc is relying upon such authority. The parties hereby acknowledge and agree that the terms and condilions contained within this Quote along with the terms and conditions of the Daktronics Standard Terms and Conditions, the Standard warranty and Limitations of Liability, and/or the Software License Agreement (together' the "Terms and conditions,,) constitute the full and final understanding of the parties regarding tne sale of equipment and/or the provision of services and entirely replac6 ano superseoe any previous understand-ing or agreemenibetween the parties. By executing this agreement, purchaser acknowledges that it has had opportunity and means to revieiar the Terms and Conditions as provided in the website addresses above' ln the alternative, hardcopy of thes" Terms'and conditions will be provided upon request. Further it is acknowledged and agreed that the price of the equipment and/or the provision of services contained within thii agreement.are expressly conditioned upon.Purchaser's acceptance of the Terms and conditions witnoui cnange. Any modification of the Terms-and conditions may require a corresponding change in price. Accordingly' G Frt.nas"r acknowledges and alrees io these Terms and Conditions as evidenced by its attestation below. Daktronics, lnc. 201 Daktronics Drive Brookings, SD 57006 USA www.daktronics.com Quote # 774025-2 Rev 0 Page 2 of 3 D OAKTRONICgi DAKTRONICS QUOTE # 774025.2-0 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 ad6ress indicated on page one (1) of the agreement unless otherwise specified below: Customer Signature Print Name Pu rchase Order lnformation : Kent Parks Department PO# n Same as Billto Ship To Company Contact Person Address City State Z rp Telephone Fax Email BILL TO (if different from quoted address) Company Contact Person Address City State Zip Telephone Fax Email Date Title PO Date Same as Ship to End User: *Company Contact Person Address *City *State *zip Telephone Fax Email "Required lnformation Daktronics, lnc. 201 Daktronics Drive Brookings, SD 57006 USA www.daktronics.com Quote # 774025-2 Rev 0 Page 3 of 3 D DAKTFITINICE 10/11/21, 10:21 AM 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: 10/11/2021 County Trade Job Classification Wage Holiday Overtime Note *Risk Class King Sign Makers 8t Installers Journey Level .(Electrical), $51.56 0 1 View about:blank 1 /1 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 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 ANII. 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. CERTIFICATE OF LIABILITY INSURANCE TE ICATE ON o 1988-2016 ACORD EVISION ER: o DAYE {MM/DDTYYYY} fit01t2021 LY ALTERNEGATIVELY THISHOLOER.TECERTIFICATHEUPONNORIGHTSCONFERSANDONTIONINFORMAOFMATTERASATEFICAISSUEDtsCERNTHIS POLtCIESESYTHAFFORDEDCOVERAGETHEORAMENEXTENDYD,RMATIVEL ORNOTDOESAFFIERTIFICATEc AUTHORIZEOINSURER(S),rssulilGTHEBETWEENCONTRACTATENOTDOESCONSTITURANCEINSUFICATECERTIOFTHISBELOW.ER.HOLDTHECERTIFICATEANDRoUCER,PRODTIVENTAREPRESE ol behevomustDITIADpollcy(ies)anthtfcortltlcate onAstatemontanendorsement,corlaln requiremaypoliciesofthetermsconditlonsandpolicytothetsSUtfWAIVED,subjectBROGATION oflieu suchinholderthetocertiticatonotconfercertiflcatedo6sisth $quB!-F(Ql 4Jfq!q!!g 9qvF!49E !!Ls1lRE8-4" i .Irav-olffi lrdsanitr Co.Ot Cl - -- . Irav,elgrs,lBds0nity Co|lpa,qyaiArn€ri.c?- - -- Itavnl6($,Pj0psrlv Casualty fr,,nl Arner1(a _ l4!c_!, 25682 80s-966-4664 Marsh I l..t S operal:ons J FAX I iA/C, Nol: PRODUCER ivlarsh USA lnc. 333 Soulh 7lh Skeet, Suite 1400 fvlinneapolis, MN 55402-2400 Attn; minneapolis.cedrequest@rnanh,c0m FAX 2i2 948'5382 _c_!.!0'ts!9s9:Gutl_t:?? INSUREO Dakhonics, lnc. 201 Daklronics Drive PO Box 5128 grookings, SD 57006-5128 TYPE OF INSURANCE CLAIMS, LIMITS FOR THE POLICY PERIODURED NAMED ABOVEED TO THE INSBELOW HAVE BEEN ISSUOF INSURANCE LISTEDTHAT THE POLICIESTHIS IS TO CERTIFY RESPECT TO IA/I.IICH THISDOCUMENT WTHOR OTHERCONDITION OF ANY CONTMCTTERM ORDING ANY REQUIREMENTINDICATED. NOTWTHSTAN HEREIN IS SUBJECT TO ALL THE TERMS,DESCRIBEDAFFORDED BY THE POLICIESED OR MAY PERTAIN. THE INSURANCECERTIFICATE MAY BE ISSU HAVE BEEN REDUCED BY PAIDOF SUCH POLICIES. LIMITS SHO\AN MAYEXCLUSIONS AND CONDITIONS I , 1-ogqqqg. 1,000,000 15,000 2,800,000 1,000,000 MEq EXP,l4r1{9!€_AIP0- EACH & ADV INJURY AGGPRODUCTS GENERAL $r01i202210t012021HE,660-r 1 706882-TCT-21COMMERCIAL GENERAL LIASILITY I i j occr"CrAll\r1S-l\4AOE | - 'lixl PER:ESAGGREGAAPPLILIlillTGEN'L LOCPOLICY PRO- JECT t Bo ?l-LY-llr ulY (Pel e€ lY) BODILY INJURY (Per accidenl) 10t8112022fiMt202111C AUTOS ONLY SCHFDULED AUTOS NON.OWNEDXX AUTOS HIRED AUTOS X ONLY ATJTOMOBILE LIASILITY ONLY ANY AUIO ov\uED X :t 2,000,000 $5 - ?,qPqg-qo 1AMt2021 $t01t2022cuP-9P529745-21-r3XOCCURUMERELLA LIAB EXCESS LIAB 1,000 1,000,000EL DI LIIJIT X EACH ACCIDENT 10{una22 10t01t202210101t2021 N/A uB-9K250310-21 "13-R (AZ,MA,Wl) ,t3-K llEMPLOYERS' LIABILITY COMPENSAB c follow form of prim6ry. l8 Equlrud)It motorhached Epacsbe0lIRomarkeAdditlon.l maySciedule,VEHICLESLOCATIONS lAcoRoOPERATIONSOFDESCRIPTION 7740250uoteDakironicsParkRoadRussellllpgradesHoganProject: rs non-conlributoryanCinsuranceThisprimaryconlract.whereinsuredcompensation)required by writtenwofkersincludedlsadditionalKen(exceploiCily isumbrellaandtermscondilions.insured lolheofnamedsubjecl policyofoutlhelimiledandliabilitytoaisingoperalionsoverinsuaanceanyexisling SHOULD ANY OF THE ABOVE OESCRIBEO POLICIES BE CANCELLED BEFORE ii.ii-EipiurroN DArE THEREoF, NorlcE wlLL aE DELIvERED lN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZEO REPRESENTATIVE of Marh USA lnc. %ancA %.5r4 ?.'e- City ol Kent 220 Fourlh Ave. S Kent, WA 98032 ACORD 25 (2016'03)The ACORD name and logo are registered marks of ACORD CORPORATION All rights reserved' Policy No. H E-660-1 1 7D6882 -TCT -21 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY XTEND ENDORSEMENT FOR TECHNOLOGY 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 coverage description only. 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. Non-Owned Watercraft - 75 Feet Long Or Less B. Who ls An lnsured - Unnamed Subsidiaries C. Who ls An lnsured - Employees - Supervisory Positions D. Who ls An lnsured - Newly Acquired Or Formed Limited Liabil ity Companies E. Who ls An lnsured - Liability For Conduct Of Unnamed Partnerships Or Joint Ventures F. Blanket Additional lnsured - Persons Or Organizations For Your Ongoing Operations As Required By Written Contract Or Agreement G. Blanket Additional lnsured - Broad Form Vendors H. Blanket Additional lnsured - Controlling lnterest PROVISIONS A. NON.OWNED WATERCRAFT - 75 FEET LONG OR LESS 1. The following replaces Paragraph (2) of Exclusion 9., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I - COVERAGES - COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY: (2) A watercraft you do not own that is: (a) 75 feet long or less; and (b) Not being used to carry any person or property for a charge; 2. The following replaces Paragraph 2.e, ol SECTION II-WHO IS AN INSURED: e. Any person or organization that, with your express or implied consent, either uses or l. Blanket Additional lnsured - Mortgagees, Assignees, Successors Or Receivers J. Blanket Additional lnsured - Governmental Entities - Permits Or Authorizations Relating To Premises K. Blanket Additional lnsured - Governmental Entities - Permits Or Authorizations Relating To Operations L. Medical Payments - lncreased Limit M. Blanket Waiver Of Subrogation N. Contractual Liability - Railroads O. Damage To Premises Rented To You is responsible for the use of a watercraft that you do not own that is: (1) 75 feet long or less; and (2) Not being used to carry any person or property for a charge. B. WHO IS AN INSURED - UNNAMED SUBSIDIARIES The following is added to SECTION ll- WHO lS AN INSURED: Any of your subsidiaries, other than a partnership or joint venture, that is not shown as a Named lnsured in the Declarations is a Named lnsured if: a. You are the sole owner of, or maintain an ownership interest of more than 50% in, such subsldiary on the first day of the policy period; and b. Such subsidiary is not an insured under similar other insurance. @ 2017 The Travelers lndemnity Company. All rights reserved. lncludes copyrighted material of lnsurance Services Office, lnc. with its permiss,on. cG D417 0219 Page 1 of 5 COMMERCIAL GEN ERAL LIABILITY No such subsidiary is an insured for "bodily injury" or "properly damige" that occurred, or "personal and' advertising injury" caused by an offense committed: a. Before you maintained an ownership interest of morethan 50o/o in such subsidiary; or b. After the date, if any, during the policy period that you no longer maintain an ownership interest of more than 50% in such subsidiary' For purposes of Paragraph 1. of Section ll - Who ls An lnsured, each such subsidiary will be deemed to be designated in the Declarations as: a. A limited liabilitY company; b. An organization other than a partnership' joint venture or limited liability company; or c. A trust; as indicated in its name or the documents that govern its structure. C. WHO IS AN INSURED EMPLOYEES - SUPERVISORY POSITIONS The following is added to Paragraph 2'a'(1) of SECTION II-WHO IS AN INSURED: Paragraphs (1Xa), (b) and (c) above do not apply to "OoOiiy injury" to a co-"employee" while in the course oi the coJ'employee's" employment by you arising out of work by any of your "employees" who hold a suPervisorY Position' D. WHO IS AN INSURED - NEWLY ACQUIRED OR FORMED LIMITED LIABILITY COMPANIES The following replaces Paragraph 3' of SECTION II-WHO IS AN INSURED: 3. Any organization you newly acquire or form' other than a partnership or joint venture' and of which you are the sole owner or in which you mainiain an ownership interest of more ihan 5O%, will qualify as a Named lnsured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded onlY: (1) Until the 'l80th day after you acquire or form the organization or the end of the policy period, whichever is earlier' if you do not report such organization in writing to us within 180 days after You acquire or form it; or (2) Until the end of the policy period' when that date is later than 180 days after You acquire or form such organization, if You report such organization in writing to us- within 1Sb days after you acquire or form it; b. Coverage A does not apply to "bodily injury" or "property damage'' that occurred Oitore You acquired or formed the organization; and c. Coverage B does not apply to "personal and adiertising injury' arising out. of.an offense committed before you acqulreo or formed the organization' For the purposes of Paragraph 1. of Section tl - Who ls An lnsured, each such organization will be deemed to be designated in the Declarations as: a. A limited liabilitY company; b. An organization, otherthan a partnership' joint venture or limited liability company; or c, A trust; as indicated in its name or the documents that govern its structure. WHO IS AN INSURED - LIABILITY FOR CONDUCT OF UNNAMED PARTNERSHIPS OR JOINT VENTURES The following replaces the last paragraph of SECTION II - WHO IS AN INSURED: No person or organization is an insured with respect to the conduct of any current or past parinership or joint venture that is not shown as a iltameO insuied in the Declarations' This paiagrapn does not apply to any such..partnership or jor-nt venture that otherwise qualifies as an insured under Section ll -Who ls An lnsured' BLANKET ADDITIONAL INSURED - PERSONS oC oacnrrrlzATloNs FoR YouR oNGolNG oPERATIONS AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT The following is added to SECTION ll- WHO lS AN INSURED: Any person or organization that is not otherwise an-insured under ihis Coverage Part and that you have agreed in a written contract or agreement to includJas an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury" or "properly damage" that: a. Occurs subsequent to the signing of that contract or agreement; and b. ls caused, in whole or in part, by your acts or omissions in the performance of your ongoing operations to which that contract or E F. Page 2 of 5 @ 2017 The Travelers lndemnity Company' All rights reserved' lncludescopyrightedmaterialoflnsuranceServicesoff'ice,lnc'Withitspermlsslon. cc D417 0219 agreement applies or the acts or omissions of any person or organization performing such operations on your behalf. The limits of insurance provided to such insured will be the minimum limits that you agreed to provide in the written contract or agreement, or the limits shown in the Declarations. whichever are less. G. BLANKET ADDITIONAL INSURED - BROAD FORM VENDORS The following is added to SECTION ll - WHO lS AN INSURED: Any person or organization that is a vendor and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury" or "property damage" that: a. Occurs subsequent to the signing of that contract or agreement; and b. Arises out of "your products" that are distributed or sold in the regular course of such vendor's business. The insurance provided to such vendor is subject to the following provisions: a. The limits of insurance provided to such vendor will be the minimum limits that you agreed to provide in the written contract or agreement, or the limits shown in the Declarations, whichever are less. b. The insurance provided to such vendor does not apply to: (1) Any express warranty not authorized by you or any distribution or sale for a purpose not authorized byyou; (2) Any change in "your products" made by such vendor; (3) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (a) Any failure to make such inspections, adjustments, tests or servicing as vendors agree to perform or normally undertake to perform in the regular course of business, in connectio n with th e distribution or sale of "your products"; (5) Demonstration, installation, servicing or repair operations, except such operations COMMERCIAL GENERAL LIABILITY performed at such vendor's premises in connection with the sale of "your products"; or (6) "Your products" that, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or on behalf of such vendor. Coverage under thi s provision does not apply to: a. Any person or organization from whom you have acquired "your products", or any ingredient, part or container entering into, accompanying or containing such products; or b. Any vendor for which coverage as an additional insured specifically is scheduled by endorsement. H. BLANKET ADDITIONAL INSURED CONTROLLING INTEREST 1. The following is added to SECTION ll - WHO IS AN INSURED: Any person or organization that has financial control of you is an insured with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" that arises out of: a. Such financial control; or b. Such person's or organization's ownership, maintenance or use of premises leased to or occupied by you. The insurance provided to such person or organization does not apply to structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. 2. The following is added to Paragraph 4. of SECTION II-WHO IS AN INSURED: This paragraph does not apply to any premises owner, manager or lessor that has financial control of you. I. BLANKET ADDITIONAL INSURED MORTGAGEES, ASSIGNEES, SUCCESSORS OR RECEIVERS The following is added to SECTION ll- WHO lS AN INSURED: Any person or organization that is a mortgagee, assignee, successor or receiver and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to its @ 2017 The Travelers lndemnity Company. All rights reserved. lncludes copyrighted material of lnsurance Services Office, lnc. with its permission cG D4 17 02 19 Page 3 of 5 COMMERCIAL GENERAL LIABILITY liability as mortgagee, assignee, successor or receiver for "bodily injury", "property damage" or "personal and advertising injury" that: a. ls "bodily injury'' or "property damage" that occurs, or is "personal and advertising injur/' caused by an offense that is committed, subsequent to the signing of that contract or agreement; and b. Arises out of the ownership, maintenance or use of the premises for which that mortgagee, assignee, successor or receiver is required under that contract or agreement to be included as an additional insured on this Coverage Part. The insurance provided to such mortgagee' assignee, successor or receiver is subject to the following provisions: a. The limits of insurance provided to such mortgagee, assignee, successor or receiver will bl ihe minimum limits that you agreed to provide in the written contract or agreement, or the limits shown in the Declarations, whichever are less. b. The insurance provided to such person or organization does not aPPIY to: (1) Any "bodily injury" or "property damage" that occurs, or any "Personal and advertising injury" caused by an offense that is committed, after such contract or agreement is no longer in effect; or (2) Any "bodily injury"' "property damage" or "personal and advertising injury" arising out of any structural alterations, new construction or demolition operations Performed bY or on behalf of such moftgagee, assignee, successor or receiver. J. BLANKET ADDITIONAL INSURED GOVERNMENTAL ENTITIES - PERMITS OR AUTHORIZATIONS RELATING TO PREMISES The following is added to SECTION ll - WHo lS AN INSURED: Any govemmental entity that has issued a permit or aulhorization with respect to premises owned or occupied by, or rented or loaned to, you and that you are required by any ordinance, law, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of the existence, ownership, use, maintenance, repair, construction, erection or removal of any of the following for which that governmental entity has issued such permit or authorization: advertising signs, awnings, canopies, cellar entrances, coal ho-les, driveways, manholes, marquees, hoist away openings, sidewalk vaults, elevators, street banners or decorations. K. BLANKET ADDITIONAL INSURED GOVERNMENTAL ENTITIES _ PERMITS OR AUTHORIZATIONS RELATING TO OPER' ATIONS The following is added to SECTION Il- WHO lS AN INSURED: Any governmental entity that has issued a permit or - authorization with respect to operations performed by you or on your behalf and..that you are required-by any ordinance, law, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodiiy injury", "property damage" or "personal and uiudttitinb injut'' arising out of such operations' The insurance provided to such governmental entity does not aPPIY to: a. Any "bodily injury", "property damage" or "personal ahd advertising injury" arising out of operations performed for the governmental entity: or b. Any "bodily injury" or "properly damage" inc]uded in the "products-completed operations hazard". L. MEDICAL PAYMENTS- INCREASED LIMIT The following replaces Paragraph 7' of SECTION III . LIMITS OF INSURANCE: 7. Subject to Paragraph 5. above, the Medical ExpLnse Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one Person, and will be the higher of: a. $10,000; or b. The amount shown in the Declarations of this Coverage Part for Medical Expense Limit. M. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8', Transfer Of Rights Of Recovery Against Others To Us, ot SeCrlOru lV - COMMERCTAL GENERAL LIABILITY CONDITIONS: lf the insured has agreed in a contract or agreement to waive that insured's right of rJcovery against any person or organization, we Page 4 of 5 @ 2017 The Travelers lndemnity Company' All rights reserved' tncludes .opviignt"o material of tnsurance Serv'rces office, lnc. with its permission. cG D417 0219 waive our right of recovery against such person or organization, but only for payments we make because of: a. "Bodily injury" or "property damage" that occurs; or b. "Personal and advertising injury" caused by an offense that is committed; subsequent to the execution of the contract or agreement. N. CONTRACTUAL LIABILITY. RAILROADS 1. The following replaces Paragraph c. of the definition of "insured contract" in the DEFINITIONS Section: c. Any easement or license agreement; COMMERCIAL G ENERAL LIABILITY 2. Paragraph f.(1) of the definition of "insured contract" in the DEFINITIONS Section is deleted. O. DAMAGE TO PREMISES RENTED TO YOU The following replaces the definition of "premises damage" in the DEFINITIONS Section: "Premises damage" means "propefi damage" to: a. Any premises while rented to you or temporarily occupied by you with permission of the owner; or b. The contents of any premises while such premises is rented to you, if you rent such premises for a period of seven or fewer consecutive days. @ 2017 The Travelers lndemnity Company. All rights reserved. lncludes copyrighted material of lnsurance Services Office, lnc. with its permission. cG D4 17 02 19 Page 5 of 5 Policy No. H E-660 -1 17D6882-TCT -21 COMM ERCIAL GENERAL LIABI LITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY' BLANKET ADDITIONAL INSURED - AUTOMATIC STATUS tF REQUTRED By wRtrrEN CONTRACT (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to SECTION ll - WHO lS AN INSURED: Any person or organization that: a. You agree in a written contract or agreement to include as an additional insured on this Coverage Part; and b. Has not been added as an additional insured for the same project by attachment of an endorse- ment under this Coverage Part which includes such person or organization in the endorsement's schedule: is an insured, but: a. Only with respect to liability for "bodily injury" or "p,operty damage" that occurs, or for "personal iniurv" iaused bv an offense that is committed' rubs"qu"nt to the signing of that contract or agreement and while that part of the contract or agreement is in effect; and b. Only as described in Paragraph (1), (2) or (3) be- low, whichever aPPlies: (1) lf the written contract or agreement specifical- ly requires you to provide additional insured iou"ragu to tnat person or organization by the use of: (a) The Additional lnsured - Owners' Les- sees or Contractors - (Form B) endorse- ment CG 20 10 '1't 85; or (b) Either or both of the following: the Addi- tional lnsured - Owners, Lessees or Con- tractors - Scheduled Person Or Organi- zation endorsement CG 20 10 10 01 ' or the Additional lnsured - Owners, Lessees or Contractors - Completed Operations endorsement CG 20 37 10 01; the person or organization is an additional in- sured only if the injury or damage arises out of "your work" to which the written contract or agreement aPPlies; (2) lf the written contract or agreement specifical- ly requires you to provide additional insured iouerage to that person or organization by the use of: (a) The Additional lnsured - Owners, Les- sees or Contractors - Scheduled Person or Organization endorsement CG 20 10 O7 04- or CG 20 10 04 13, the Additional lnsured - Owners, Lessees or Contrac- tors - Completed Operations endorse- ment CG 20 37 07 04 or CG 2A 37 04 13, or both of such endorsements with either of those edition dates; or (b) Either or both of the following: the Addi- tional lnsured - Owners, Lessees or Con- tractors - Scheduled Person Or Organi- zation endorsement CG 20 '10, or the Ad- ditional tnsured - Owners, Lessees or Contractors - Completed Operations en- dorsement CG 20 37, without an edition date of such endorsement specified; the person or organization is an additional in- iureO onty if thJinjury or damage is caused' in whole or in part, by acts or omissions of you or your subcontractor in the performance -of "youi work" to which the written contract or agreement aPPlies; or (3) lf neither Paragraph (1) nor (2) above applies: (a) The person or organization is. an addi- tional insured only if, and to the extent that, the injury or damage is caused by acts or omissions of you or your subcon- tractor in the performance of "your work" to which the written contract or agree- ment aPPlies; and (b) Such person or organization does not qualify as an additional insured with re- specf to the independent acts or omis- sions of such person or organization ' The insurance provided to such additional insured is subject to the following provisions: a. lf the Limits of lnsurance of this Coverage Part shown in the Declarations exceed the minimum limits required by the written contract or agree- ment, the insurance provided to the additional in- sured will be limited to such minimum required limits. For the purposes of determining whether cG D6 04 02 19 O 2017 The Travelers lndemnity Company' All rights reserved Page 1 of 2 COM MERCIAL GENERAL LIABI LITY 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 lll - Limits Of lnsurance. b. The insurance provided to such additional insured does not apply to: (1) Any "bodily injury", "prope(y damage" or "personal injury" arising out of the providing, or failure to provide, any professional archi- tectural, engineering or surveying services, includlng: (a) The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and (b) Supervisory, inspection, architectural or engineerin g activities. (2) Any "bodily injury" or "property damage" caused by "your work" and included in the "producls-completed operations hazard" un- less the written contract or agreement specifi- cally requires you to provide such coverage for that additional insured during the policy period. c. The additional Insured must comply with the fol- lowing duties: (1) Give us written notice as soon as practicable of an "occurrence" or an offense which may 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) lf a claim is made or "suit" is brought against the additional insured: (a) lmmediately 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. (3) lmmediately 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. (4) Tender the defense and indemnity of any claim or "suit" to any provider of other insur- ance which would cover such additional in- sured for a loss we cover. However, this con- dition does not affect whether the insurance provided to such additional insured is primary to other insurance available to such additional insured which covers that person or organiza- tion as a named insured as described in Par- agraph 4., Other lnsurance, of Section lV - Commercial General Liability Conditions. Page2 ol2 @ 2017 The Travelers lndemnity Company. All rights reserved.cG D6 04 02 19 Policy No: HJ-CAP-1 1 7D6901 -TlL-21 COMMERCIALAUTO 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 DESCR|PTIoN oF covERAGE - This endorsement broadens coverage. However' coverage for any injury, damage or medicil expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the coverale pari, and these coverage broadening p_rovisions do not apply to the extent that coverage is excluded or limiteiby such an endorsement. The following listing is a general .cover- "g" ;"ilription only. tlmitations and exclusionr r"y apply t9 these.coverages. Read all the provisions of this en- dorsemenl and tne rest oiv"ri p"fiiv ."refully to determinrirights, 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 HTREDAUTo '' :l#i"+tr-i$Iff^irr;LTfrf*""o*tAr|oN D. EMPLOYEESASINSURED J. PERSONALPROPERW 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. wAlvER oF DEDUCTIBLE - GLAss N' uNINTENTIoNAL ERRoRS oR oulssloNs PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who ls An lnsured, of SECTION ll - COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 500/o or more ownership interest and that is not separately insured for Business Auto Coverage' Coverage under this provision is afforded only un- til the 1-80th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKETADDITIONAL INSURED The following is added to Paragraph c. in A.1', Who ls An lnsured, of SECTION ll - COVERED AUTOS LIABILITY COVERAGE : Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "properly damage" occurs and that is in effect d'uring the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as- an "insured'l under the Who ls An lnsured provision conlained in Section ll. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A'1', Who ls An lnsured, of SECTION ll - COV' ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating ln "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b' in B'5', Other lnsurince, of SECTION lV - BUSI' NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" You own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by- ' your "employee" under a contract in an "emPloYee's" name, with Your cA T3 s3 02 15 @ 2015 The Travelers lndemnity Company. All rights reserved' lncludes copyrighted material of lnsurance services oflice, lnc. with ils permission. Page 1 of4 COMMERCIAL AUTO permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covgrgd "auto", D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who ls An lnsured, of SECTION ll - COVERED AUTOS LIABILITY COVERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business oryour personal affairs. E. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS 1. The following .replaces Paragraph A,2.a.121, of SECTION ll - COVERED AUTOS LIABIL- ITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II - COVERED AUTOS LIABIL. ITYCOVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO - LIMITED WORLDWIDE COV. ERAGE - INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph 8.7., Policy Period, Coverage Territory, of SECTION lV - BUSINESS AUTO CONDI. TIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Cov- ered Autos Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. @ 2015 The Travelers lndemnity Company. All rights reserved. lncludes copyrighted material of lnsurance Services Office, lnc. with its permission (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (i) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suif' and keep us advised of all proceedings and ac- tions. (ii) Neither you nor any other involved "insured" will make any settlement without our consent. (iii) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit". (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limits Of lnsurance, of SECTION II _ COVERED AUTOS LIABILIry COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Para- graph C., Limits Of lnsurance, of SECTION II - COVERED AUTOS LIABILITY COVERAGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess, contingent or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. Page2 ol 4 cA T3 53 02 15 You agree to maintain all required or compulsory insurance in any such coun- try up to ihe minimum limits required by loial 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 in- surance requirements. (d) lt is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for comfliance in any way with the laws of other countries relating to insurance' G. WAIVER OF DEDUCTIBLE - GLASS The following is added to Paragraph D., Deducti- ble, of SECTION lll - 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 ol Para' graph A.4.b., Loss Of Use Expenses, of SEC' TION III _ PHYSICAL DAMAGE COVERAGE : However, the most we will pay for any expenses for loss of use is $65 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 Para- graph A,4.a,, Transportation Expenses, of SECTION III - PHYSICAL DAMAGE COVER. AGE: We will pay up to $50 per day to a maximum of $1,500 ior-temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type' J. PERSONALPROPERW The following is added to Paragraph A'4,, Cover' age Extensions, of SECTION lll - PHYSICAL DAMAGE COVERAGE: Personal ProPertY We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned bY an "insured"; and COMMERCIAL AUTO (2) ln 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 Property coverage. K. AIRBAGS The following is added to Paragraph 8.3', Exclu- sions, of sEcrloN lll - PHYSIcAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due td a cause other than a cause of "loss" set forth in Paragraphs A.1.b, and A'l'c', but only: a. lf that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- rantY; 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 representra- tive prompt nbtice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual)l (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5', Transfer Of Rights Of necovery Against Otlgs To Us, of sEtTloN lv - BUslNEss Auro coNDl' TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent 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 CA T3 53 02 15 @ 2015 The Travelers lndemnity company' All rights reserved' lncludes copyrighted material of lnsurancl Services Office, lnc. with its permission' Page 3 of 4 COMMERCIALAUTO such contract. The waiver applies only person or organization designated in contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV- BUSINESS AUTO CONDITIONS : The unintentional omission of, or unintentional enor in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non-renewal. to the such @ 2015 The Travelers lndemnity Compa ny. All rights reserved , lncludes copyrighted material of lnsurance Seruices ffice, lnc. with its permission. Page 4 of 4 cA T3 53 02 t5 Policy No: HJ-CAP-1 1 7D6901 -TlL-21 COMMERCIALAUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY' BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE Thisendorsementmodifiesinsuranceprovidedunderthefollowing: BUSINESS AUTO COVERAGE FORM PROVISIONS 1. The following is added to Paragraph A'l'c', Who ls An lnsured, of SECTION ll - COVERED AUTOS LIABILITY COVERAGE : This includes any person or organization who you are required under a written contract or agreement between you and that person or olganization, that is signed by you before the "U6Aity injury" or "property damage". occurs and that i; in effect during the policy period, to name as an additional insured for Covered Autos 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". 2. The following is added to Paragraph B'5', Other lnsurance ot SeCftOru lV - BUSINESS AUTO CONDITIONS: Regardless of the provisions of paragraph a' and parlgraptr d. of this part 5. Other lnsurance, this intr[nc" is primary to and non-contributory with applicable other insurance under which an additional insured person or organization is the first named insured when the written contract or agreement between you and that person or oiganization, that is signed by you before the "b6dily injury" or "property damage" occurs and that ii in-effect during the policy period, requires this insurance to be primary and non-contributory' cAT4 740216 @ 2016 The Travele/s lndemnity Company' All rights reserved' tnctuaes co=pliigitJ."t"ti"t oi lntrran.i ServiceJOffice, lnc. with its permission' Page 1 of 1 POLICY NUMBER: HE-550-117D5882-TCT-21 GENERAL PURPOSE ENDORSEMENT DESIGNATED EMITY EARLIER NOTICE OF CANCEI,I,AT]ON/NONRENEWAT PROVIDED BY US Thig endorsenent nodifies inguranse provided under the following: AIJIJ COVERAGE PARTS INCLUDED IN THIS POIIICY Endorsement It T3 54 05 19, Designated Entity - Earlier Notice Of Cancellat,ion/Nonrenewal Provided By Us, SCHEDULE, to read: CAI{CELLATION: Nunber of Daye Notice: 30 I{HEN WE D0 NOT RENEW (Nonrenewal): Nunber of Days Notice: 30 NAIttE: "Any person or organization to whon you have agreed in a writ,ten contract that notlce of cancel1ation, nonrenewaL or naterial linitation of thie policy will be given, but only if:1. You send us a written request to provide euch not,ice, including the name and addrees of such person or organization, afler the firgt Named Insured receives noticE from ug of the canceLlation, nonrenewal or maberial lirnitationof thia policy; and2. We receive such written request at least 14 days before the beginning of the applicable number of daye shown in the Schedule." Addrese: "The address for that person or organizat,ion included in such wrillen request fron you to uE. rl lL T8 03 Page 1 POLICY NUMBER: HE- 560 - 117D6882 -TcT- 21 ISSUE DATE: oe-2o-21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION OR NONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice: 90 WHEN WE DO NOT RENEW (Nonrenewal): Number of Days Notice: 90 PROVISIONS A. lf we cancel this policy for any legally permitted reason other than nonpayment of premium, and a number of days is shown for Cancellation in the Schedule above, we will mail notice of cancellation at least the number of days shown for Cancellation in such Schedule before the effective date of cancellation. B. lf we do not renew this policy for any legally permitted reason other than nonpayment of premium, and a number of days is shown for When We Do Not Renew (Nonrenewal) in the Schedule above, we will mail notice of nonrenewal at least the number of days shown for When We Do Not Renew (Nonrenewal) in such Schedule before the effective date of nonrenewal' tL T3 20 0s 19 @2019The Travelers lndemnity Company. All rights reserved'Page 1 of 1 COMMERCIAL AIITO POLICY ENDORSEIIEI{T - II, T8 04 10 2X POLICY NT'MBER HJ-CAP-117D6901-TII.-21 ** TIIIS EIIDORSEMEI{T CIIAIIGES THE POLICY. PI,EASE READ IT CAREFULLY. ** DESTGNATED ENTITY- EARLIER NOTICE IT IS AGREED THAT: THIS EIIDORSEMENT MODIFIES IIISI'RAI.ICE PROVIDED TINDER TIIE FOLLOWTNG: COMMERCIAL AUTO COVERAGE PART ENDORSE!{ENT IL T3 54 05 19, DESIGNATED ENTITY EARLIER NOTICE OF CNICELLATTON,/NONRE}IEWAL PROVIDED BY US, SCHEDIIIJE, TO READ Ag FOLI,OUIS: NA.DIE: A.}I]f PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED III A WRITTEN CONTILACT THAT NOTICE OF CANCEIJITATION, NONRENEWAIJ OR Ti'ATERIAI LIMITATION OF THIS POIICY WILL BE GIVEII, BUT ONLY IF: L YOU SE}ID US A WRITTEN REQIIEST TO PROVIDE SUCH NOTTCE, INCI.ITDING THE NAII'E AI{D ADDRESS OF SUCH PERSOI{ OR ORGAIIIZATTON, AFTER THE FIRST NAMED IIiISURED RECEIVES NOTICE FROM US OF THE CADICELITAT]ON, NONF.ENEWAI, OR I{ATERIAL LIMITATION OF THXS POIJICY' Al{D 2. WE RECEIVE SUCH V'RTTTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGTNNING OF TI{E APPLICABLE NIJMBER OF DAYS SHOWN IN THE SCHEDULE. ADDRESS: THE ADDRESS FOR TI1AT PERSON OR ORGA}IIZATION INCLUDED IN SUEH I{RITTEN REQUEST FROM YOU TO US. EFFECTIVE DATE 10-01-21 PAGE OOO1 DATE OF ISSUE EXPTRATION DATE LO-OT-22 09-15-21 POLICY NUMBER: HJ- cAP - 117D6 901 -TIL- 21 ISSUE DATE: 09-15-21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY' DESIGNATED PERSON OR ORGANIZATION - NOTICE OF CANCELLATION, NONRENEWAL OR MATERIAL LIMITATION OF COVERAGE PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice: WHENwEDoNoTRENEW(Nonrenewal):NumberofDaysNotice: MATERIAL LIMITATION OF COVERAGE: Number of Days Notice: PERSON OR ORGANIZATION: SEE ENDORSEMENT II, T8 03 ADDRESS: 30 30 in such Schedule. We will mail such notice to the address shown in the Schedule above at least the number of days shown for When We Do Not Renew (Nonrenewal) in such Schedule before the effective date of nonrenewal. C. lf we add a material limitation on the coverage provided by this policy, and a number of days is shown for Material Limitation Of Coverage in the Schedule above, we will mail notice of such limitation to the person or organization shown in such Schedule. We will mail such notice to the address shown in the Schedule above at least the number of days shown for Material Limitation Of Coverage in such Schedule before the effective date of such limitation. PROVISIONS A, lf we cancel this policy for any legally permitted reason other than nonpayment of premium, and a number of days is shown for Cancellation in the Schedule aboue, we will mail notice of cancellation to the person or organization shown in such Schedule, We will mail such notice to the address shown in the Schedule above at least the number of days shown for Cancellation in such Schedule before the effective date of cancellation' B. lf we do not renew this policy for any legally permitted reason other than nonpayment of premium, and a number of days is shown for When We Do Not Renew (Nonrenewal) in the Schedule above, we will mail notice of nonrenewal to the person or organization shown tL T3 54 05 19 @ 2019 The Travelers lndemnity Company' All rights reserved'Page 1 of 1 POLICY NUMBER; CUP-9P529745-21-13 This endorsement modifies insurance provided under the following ALL COVERAGE PARTS INCLUDED IN THIS POLICY ISSUE DATE: 09/rsl2L DESIGNATED PERSON OR ORGANIZATION NOTICE OF CANCELLATION, NONRENEWAL OR MATERIAL LIMITATION OF COVERAGE PROVIDED BY US GANCETIATIOIU: WHEN WE D0 IUOT REilEW (Nonrenewal): MATERIAL TIMITATION OF COVERAGE: PEBSON OR ORGANIZATION:SEE ENDORSEI{ENT EU T8 01 ADDRESS:SEE ENDORSEMENT EU T8 01 PR0VtST0NS A. lf we cancel this policy for any legally permitted reason other than nonpaymentof premium, and a numbar of days is shown for Cancellation in the Scheduleabove, we will mail notice ofcancellation to the person or organization shown in such Schedule. Wewill mail such notice to the addressshown in the Schedule above at leastthe number of days shown f or Cancellation in such Schedule before the effective date of cancellation. B. lf we do not renew this policy for anylegally permitted reason other than nonpayment of premium, and a numberof days is shown for When We Do NotRenew {Nonrenewal} in the Scheduleabove, we will mail not ice of nonrenewal to the person or organization shown in such Schedule. We will mail such notice to the address shown in the Schedule above at least the number of days shown for When We Do Not Renew(Nonrenewal) in such Schedule before the effective date of nonrenewal. SCHEDULE Number of Days Notice: 30 Number of Days Notice: Number of Days lllotice: C. lf we add a material limitation on the coverage provided by this policy, and a number of days is shown f or Material Limitation Of Coverage in the Schedule above, we will mail notice of such limitation to the person or organization shown in such Schedule. We will mail such notice to the address shown in the Schedule above at least the number of days shown for Material Limitation Of Coverage in such Schedule bef ore the effective date of such limitation. lL T3 54 05 19 o 2019 The Travelers lndemnity Company. All rights r€served.Page 1 of 1 UMBRELLA poLrcY NUMBER: cup-gp52g745-2r-r3 lssuE DATE: o9/t5l2l THIS E]UDORSEMETUT CHATUGES THE POIICV. PIEASE READ IT CAREFUIIY' DESIGNATED PERSON OR ORGAI{IZATION - NOTICE OF CANCELLATION' NONRENEWAL OR I{A?ERIAL LIMITATION OF COVERAGE PROVIDED BY US ' CONTINUE This endorsement modifies insurance provided under the following: EXCESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCE SCHEDULE CANCELLATION: PERSON OR ORGANIZATION: Number of DaYs Notice: 30 ANY PERSON OR ORGANIZATION TO WHOI{ YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE oF CANCELLATIoN, NoNRENEWAL oR I,IATERIAL LIHITATIoN oF THIS P0LICY WILL BE GIVEN' BUT ONLY IF: I.YoUSENDUsAWRITTENREQUESTT0PR0VIDEsUcHNoTIcE,INCLUDINGTHENAI.IEAND ADDRESS OF SUCH PERSON OR oRGANIZATION, AFTER THE FIRST NAIIED INSURED RECEMS NoTIcEFRoMUsoFTHECANCELLATI0N,N0NRENEWALoRuATERIALLIUITATIoNoFTHIS POLICY; AND 2. VtE RECEM SUCH WRITTEN REQUEST AT LEAST t4 DAYS BEFORE THE BEGINNING 0F THE APPLICABLE NUMBER OF DAYS SHOWN IN THE SCHEDULE' ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROH YOU T0 US. EU T8 0t 04 19 @ 201 9 The Travslers lndemnity Company' AII rights reserved'Page 1 of 1 TRAYELERf WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 06 R3 (00) - oo1 ONE TOWER SQUARE HARTFORD CT 05183 DATE OF ISSUE: 09-1-7 -2L ST ASSIGN: O 2013 The Travelers lndemnity Company. All rights reserved. POLICY NUMBER: uB-9K3 e6901-21- r3 -K NOTICE OF CANCELLATION TO DESIGNATED PERSONS OR ORGANIZATIONS The following is added to PART SIX - CONDITIONS : Notice Of Cancellation To Designated Persons Or Organizations lf we cancel this policy for any reason other than non-payment of premium by you, we will provide notice of such cancellation to each person or organization designated in the Schedule below. We will mail or deliver such notice to each person or organization at its listed address at least the number of days shown for that person or organiza- tion before the cancellation is to take effect. You are responsible for providing us with the information necessary to accurately complete the Schedule below. lf we cannot mail or deliver a notice of cancellation to a designated person or organization because the name or address of such designated person or organization provided to us is not accurate or complete, we have no responsibility to mail, deliver or otherwise notify such designated person or organization of the cancellation. SCHEDULE Name and Address of Designated Persons or Organizations Number of Days Notice ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THA? NOTICE OF CANCELLATION OF TH]S POLICY WILL BE GIVE, BUT ONLY IF: 1. YOU SEE TO iT THAT WE RECEIVE A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND A'DRBSS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMSD INSURED RECEIVES NOT]CE FROM US OF rHE CANCELLATION OF THIS POLICY; AND2. WE RECEIVE SUCH WRI?TEN REQUES? AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN ]N THIS ENDORSEMENT. ADDRESS r THE ADDRESS FOR "HAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTSN REQUEST FROM YOU TO US. 30 All other terms and conditions of this policy remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless othenaise stated. (The information below ls required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No.lnsured Premium $ lnsurance Company Countersigned by Page 1 of 1 TRAYELERi?. WORKERS COMPENSATION AND EMPLOYERS LIABILIry POLICY ENDORSEMENT wC 99 06 R3 (00)' oo1 Endorsement No, Premium $ oNE TOWER S9UARE HARTFORD CT 06].83 POLICY NUMBER: UB- 9K2503].0 -21 - 13 -R NOTICE OF CANGELLATION TO DESIGNATED PERSONS OR ORGANIZATIONS The following is added to PART SIX - CONDITIONS : Notice of cancellation To Designated Persons or organizations lf we cancet this policy for any reason other than non-paymen! of premium by y9u' we will,provide notice of such cancellationto each person or organization o".ign"1"iio tn" s.n"oule below' we will mail ordeliver such notice to each person or. org"nlition at"its listed add;;iit teast the number of days shown for that person or organiza- tion before the cancellation is to take effect. you are responsible for providing us with the information necessary to accurately complete the Schedule below' lf we cannot mail or deliver a notice of cancellation to a designated person or organization because the name or address of such designated person or organization providjd to us is not accurate or complete...we have no responsibility to mail, oeliver or otherwise n6tify-s-Jcn designated person or organization of the cancellation' SCHEDULE Name and Address of Designated Persons or organizations: Number of Days Notice ANYPERSONORORGANIZATIONw]THWHoMYoUHAVEAGREEDINAWRITTEN coNTRAcT THAT NoTrcE oF CANCEI,LATIoN oF THIS POLICY W]LI, BE 30 GIVEN, BUT ONLY IF: 1. YOU SEE TO IT THAT WE RECEIVE A WRITTEN REQUEST TO PROVIDS SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION,AFTERTHEFIRSTNAI4EDINSUREDRECEIVESNoTIcEFROM US OF THE CANCEI,LATION OF TH1S POLICY; AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT I'EAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS ENDORSEMENT. ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO Ug. All other terms and conditions of this policy remain unchanged' 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 endorsetnent is issued subsequent to preparation of the policy.) Endorsement Effective lnsured Policy No. lnsurance ComPanY DATE OF ISSUE: Og-L7 -2L ST ASSIGN: @ 2013 The Travelers lndemnity Company All rights reserved Countersigned bY Page 1 of 1 DAKTRONICS, INC. 331 32ND AVE BROOKINGS, SD 57006 City of Kent Business License Per RCW 82.14 local sales and use tax must be coded No. 1715 for all qualified sales within the city of Kent. BUSINESS LICENSE LICENSE MUST BE PAID ANNUALLY BY JANUARY 1st TO AVOID 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 MAYOR The City of Kent At 220 4TH AVE SO KENT, WASHINGTON 98032 BLOC-2110180 2021 DAKTRONICS, INC. Please tear at perforation 201 DAKTRONICS DR BROOKINGS, SD 57006 Tax Registration Endorsement Signature: Email: Signature: Email: Signature: Email: Signature: Email: japplegate@kentwa.gov Garin Lee (Oct 11, 2021 11:46 PDT) glee@kentwa.gov rlashley@kentwa.gov Melissa McCormick (Oct 29, 2021 14:51 PDT) Melissa McCormick cityclerk@kentwa.gov Daktronics.Oct2021 Final Audit Report 2021-10-29 Created:2021-10-11 By:Janice Applegate (japplegate@kentwa.gov) Status:Signed Transaction ID:CBJCHBCAABAAYIb4FtndJRHZdRGSyRZcmoNGZrfB9qPS "Daktronics.Oct2021" History Document created by Janice Applegate (japplegate@kentwa.gov) 2021-10-11 - 5:27:28 PM GMT- IP address: 146.129.252.126 Document e-signed by Janice Applegate (japplegate@kentwa.gov) Signature Date: 2021-10-11 - 5:39:49 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Garin Lee (glee@kentwa.gov) for signature 2021-10-11 - 5:39:52 PM GMT Email viewed by Garin Lee (glee@kentwa.gov) 2021-10-11 - 6:45:36 PM GMT- IP address: 146.129.252.126 Document e-signed by Garin Lee (glee@kentwa.gov) Signature Date: 2021-10-11 - 6:46:24 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Kyle Williams (kyle.williams@daktronics.com) for signature 2021-10-11 - 6:46:27 PM GMT Email viewed by Kyle Williams (kyle.williams@daktronics.com) 2021-10-11 - 7:02:20 PM GMT- IP address: 104.47.73.254 Document e-signed by Kyle Williams (kyle.williams@daktronics.com) Signature Date: 2021-10-26 - 4:33:52 PM GMT - Time Source: server- IP address: 63.85.214.4 Document emailed to Ronald Lashley (rlashley@kentwa.gov) for signature 2021-10-26 - 4:33:56 PM GMT Email viewed by Ronald Lashley (rlashley@kentwa.gov) 2021-10-28 - 11:00:19 PM GMT- IP address: 146.129.252.126 Document e-signed by Ronald Lashley (rlashley@kentwa.gov) Signature Date: 2021-10-28 - 11:02:41 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Brian J Levenhagen (bjlevenhagen@kentwa.gov) for signature 2021-10-28 - 11:02:45 PM GMT Email viewed by Brian J Levenhagen (bjlevenhagen@kentwa.gov) 2021-10-28 - 11:10:43 PM GMT- IP address: 146.129.252.126 Document e-signed by Brian J Levenhagen (bjlevenhagen@kentwa.gov) Signature Date: 2021-10-28 - 11:11:12 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Kim Komoto (kkomoto@kentwa.gov) for signature 2021-10-28 - 11:11:15 PM GMT Email viewed by Kim Komoto (kkomoto@kentwa.gov) 2021-10-29 - 0:20:38 AM GMT- IP address: 146.129.252.126 Document e-signed by Kim Komoto (kkomoto@kentwa.gov) Signature Date: 2021-10-29 - 0:21:00 AM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Melissa McCormick (cityclerk@kentwa.gov) for signature 2021-10-29 - 0:21:03 AM GMT Email viewed by Melissa McCormick (cityclerk@kentwa.gov) 2021-10-29 - 1:57:48 PM GMT- IP address: 146.129.252.126 Document e-signed by Melissa McCormick (cityclerk@kentwa.gov) Signature Date: 2021-10-29 - 9:51:01 PM GMT - Time Source: server- IP address: 146.129.252.126 Agreement completed. 2021-10-29 - 9:51:01 PM GMT