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HomeMy WebLinkAboutCAG2022-458 - Original - King County Directors Association - Kent Memorial Park Tennis Court Lighting Replacement - 12/12/202212/8/2022 Approved for signature. C. Schuck. 12/12/2022 CAG2022-458 DATE: November 15, 2022 TO: Kent City Council SUBJECT: Contract with Musco Sports Lighting LLC through King Kent Memorial Park Tennis Court Lighting Repair - Authorize MOTION: I move to authorize the Mayor to contract for the tennis court lighting replacement at Kent Memorial Park in the amount of $184,508.88, including state sales tax, through the cooperative purchasing agreement Lighting, LLC. SUMMARY: The lighting system at the Kent Memorial Park tennis courts is no longer functional and requires complete replacement to bring this system back online. The City is contracting with Musco Sports Lighting LLC through the King County construction of a new lighting system that meets our current sports lighting standards, including LED technology. BUDGET IMPACT: Expense impact to the Kent Memorial Park Redevelopment capital budget SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. KCDA Master Agreement with Musco (PDF) 11/03/22 Parks and Human Services Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 11/15/2022 7:00 PM MOVER: Satwinder Kaur, Councilmember SECONDER: Zandria Michaud, Chair AYES: Zandria Michaud, Satwinder Kaur ABSENT: Toni Troutner KCDAPURCHA SING COOPERATIVE 18639- 801" Ave S. + P.O. Box 5550 + Kent, WA 98064-5550 + Phone 425-251-8115 + Fax 253-395-5402 + www.kcda.org February 22, 2019 Musco Sports Lighting LLC Attn: James Hansen 100 1"Ave West Oskaloosa, Iowa 52577 Email: musco.contracts@musco.com The KCDA Board of Directors, at their February 21, 2019 meeting, awarded the following to Musco Sports Lighting, based upon the response to the KCDA #19-406 Sport Court Field Lighting Bid: Price Lists for following Manufacturers: Musco Sports Lightin KCDA also awards Musco Sports Lighting, the installation and services included in this solicitation. This award includes catalog discounts per Attachment B. Freight charges will be FOB shipping point on all deliveries. Please note the bid submitted by Musco Sports Lighting, the award by KCDA Board of Directors, and the signed award letter, forms a contract based upon the terms and conditions set forth in KCDA # 19-406 Sport Court Field Lighting. This contract is in effect starting March 01, 2019 through February 29, 2020 with options to renew for three one-year periods at the mutual discretion of KCDA and 19-406 Sport Court Field Lighting. Deviations listed in Attachment D documents called out and later deemed as not applicable. Reason for which that Musco handles each project with a unique system build on every customer project build. Should there be additional required materials or services needed that fall within Scope of Work, Musco will provide RS Means documentation supporting need on a customer project basis. This information with be called out in the Order Process document page housed online in KCDA vendor contract page for KCDA members. Please acknowledge receipt of this contract by signing below and returning this contract to Valerie Buckbeel Contract &Procurement Specialist at vbuckbee(aDkcda.org Company Name: Musco S rrts 1 i htin LLC Signature <�:W_ ` Name (printed) 4/mes M. Hansen Title Secretary r Date 2 Z5/.2019 Phone 800-825-6030 KCDAPURCHASING COOPERATIVE 18639- BOTH Ave S. + P.O. Box 5550 + Kent, WA 98064-5550 + Phone 425-251-8115 + Fax 253-395-5402 + www.kcda.org February 18, 2022 Musco Sports Lighting LLC Attn: James Hansen 100 1st Ave West Oskaloosa, Iowa 52577 Musco.contracts@musco.com The KCDA Board of Directors, at their February 17, 2022 meeting, approved the extension#3 of contract Sport Court Field Lighting Bid #19-406. Terms and conditions will remain as originally awarded. New Pricing that Amanda sent on January 0611 2022 was approved by Board and KCDA management and will be in effect at time of new contract extension term beginning March 01 2022. This contract extension will begin on March 01, 2022 and run through February 28, 2023. Please acknowledge receipt of this contract extension by signing below and returning to Valerie Buckbee vbuckbee@kcda.org Company Name Musco Sports Lighting, LLC Printed Name James M. H sen Signature — )"� Title SLcretary Date February 21, 2022 Email Musco.Contracts@musco.com Phone 800-825-6030 Date: June 27th, 2022 Project: Kent Memorial Park Tennis To: Bryan Higgins Kent, WA Ref: 212366 King County Directors Association Master Project:195250, Contract Number: 19-406, Expiration: 02/28/2023 Commodity: Sport Court/Field Lighting Quotation Price Materials Delivered to Job Site and Installation KCDA Contract Price Tennis (2 courts) ...................................................................................... $122,459.00 Adder Electrical Installation ......................................................................................................... $43,600.00 Performance and Payment Bond ...................................................................................................... $1,524.00 Total Price (Equipment and Installation): ............................................................................. $167,583.00 Pricing furnished is effective for 30 days unless otherwise noted and is considered confidential. Light- with Total Light Control Guaranteed Lighting Performance Guaranteed light levels Targeted light, optimizing visibility of the ball in play with no glare in the players typical line-of-sight System Description (4) Pre-cast concrete bases with integrated lightning grounding (4) 40ft Galvanized steel poles Factory wired and tested remote electrical component enclosures Pole length, factory assembled wire harnesses (4) Factory wired pole top luminaire assemblies (12) Factory aimed and assembled TLC-LED-400 luminaries UL Listed assemblies Control-Link® Control and Monitoring system with onsite dimming(high/med/low/blackout). Product assurance and warranty program that covers materials and onsite labor, eliminating 100% of your maintenance costs for 25 years Installation Services Provided The work shall be completed by, a licensed Electrical Contractor, Licensed in the State of Oregon, under contract to Musco Sports Lighting. The installation includes delivery and unloading of the Musco equipment upon arrival to the job site, excavation of four (4) augured holes, installation of four (4) pre-cast concrete foundations and concrete backfill. Assembly and installation of four (4) new galvanized steel poles, assembly and mounting of the luminaire assemblies, electrical enclosures and wiring harnesses on each of the 4 poles. Wiring for the Lighting System is from the luminaire assemblies down to the remote electrical enclosures at the base of each pole where they will be terminated on the Musco supplied disconnect breaker. Note that a user active push button will be installed on the pole closest to the tennis court entry gate to be used during scheduled play and to avoid lights being on when there is no activity on the courts. Trench and install an in-ground boxes at each of the 4 new Musco pole locations. Trench and Install conduit from the service location to each of the 4 new in-ground boxes and from the in-ground boxes to each pole, backfill, and compact. Install new wiring from the distribution cabinet to the Musco control cabinet. Install new wiring around the courts to each in-ground box and from each in-ground box to the remote electrical enclosure on each Musco pole. Make up all connections at distribution panel, control cabinet, and at each pole. Energize and commission. Quote Also included in this scope is all materials necessary to case and de-water each hole during auguring and installation of the pre-cast concrete foundations and concrete backfill. The site restoration is also included in this scope of work, which includes backfill compaction and cutting/patching and/or grading. Any required final grading and seeding shall be by others. The electrical permit is included, any other required permits will be by others. Payment Terms Email or fax a copy of the Purchase Order to Musco Sports Lighting, LLC & KCDA: Musco Sports Lighting, LLC KCDA Attn: Amanda Hudnut Attn: Thomas Kim Fax: 800-374-6402 Email: customerservice@kcda.org Email: musco.contracts@musco.com All purchase orders should note the following: KCDA purchase Contract Number: 19-406 Delivery Timing 6 - 8 weeks for delivery of materials to the job site from the time of order, submittal approval, and confirmation of order details including voltage, phase, and pole locations. Due to the built-in custom light control per luminaire, pole locations need to be confirmed prior to production. Changes to pole locations after the product is sent to production could result in additional charges. Notes Quote is based on: Payment and performance bond included at $9.18/1000 Pricing reflects current KCDA pricing. Shipment of entire project together to one location. Structural code and wind speed = 2018 IBC, 100mph, Exposure C, Importance Factor 1.0. Removal and disposal of existing poles, pole lighting and associated hardware provided by others. Reasonable access to poles provided by others. Light Levels and uniformities are guaranteed by MUSCO, any additional aiming required to meet the specified requirements shall be done by MUSCO. Confirmation of pole locations prior to production. Thank you for considering Musco for your lighting needs. Please contact me with any questions or if you need additional details. Tim Butz Brooke Hermsen Musco Sports Lighting, LLC Musco Sports Lighting, LLC Phone: 503/720-6625 Phone: 563-676-2388 E-mail: tim.butz@musco.com E-mail: brooke.hermsen@musco.com KING COUNTY DIRECTORS ASSOCIATION INVITATION FOR BIDS NOTE: THERE ARE NO FEES ASSOCIATED WITH KCDA BIDS WHEN USING PUBLIC PURCHASE INVITATION FOR BIDS INDEX I. INTRODUCTION A. KCDA Membership B. Interpretation of Bid Documents C. Exceptions D. Contract Default E. Bidder Responsibility F. Bidder Financial Responsibility G. Minority and Women Owned Businesses II. GENERAL PROVISIONS A. Bid Opening B. Modifications C. Quality Standards D. Rejection of Any or All Responses E. Binding Contract F. Estimated Quantities G. Contract Period H. Ordering Schedule I. Extended Contract Period J. Requested Samples K. Disposal of Samples L. Anti -Discrimination Clause M. Indemnification N. Patent Indemnification 0. Safety Requirements P. Risk of Loss Q. Rejection R. Shipment Identification S. No Bid Response T. Bid Awards U.Termination V. Reciprocity III. PREPARATION OF BID A. Submittal of Bid Document B. Signatures C. Questions/Addendums D. F.O.B. Shipments E. Product Identification F. Quantity per Unit of Measure G. Alternate Proposal H. Errors/Corrections I. Invoicing J. Cash Discounts/Invoice Payments K. Washington State Sales Tax 1 IV. PRODUCT ACCEPTANCE A. General Policy V. BID PROTESTS VI. PRODUCT TOXICITY REPORTS A. Hazardous Chemical Communication VII. SPECIAL NOTATIONS ATTACHMENT A - Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion ATTACHMENT B—Terms by Manufacturer ATTACHMENT C - Special Provisions I. INTRODUCTION A. KCDA MEMBERSHIP KCDA is a purchasing cooperative owned by 294 public school districts in the state of Washington and is located in Kent, Washington. KCDA's membership is made up of, but not restricted to public school districts, private schools, municipalities, political subdivisions and other public agencies located in but not limited to Washington, Oregon, Idaho, Alaska, and Montana. Representing over 1 million students and over 5,000 ship to locations, KCDA purchases approximately $100 million worth of products, equipment and services on behalf of the membership. A complete list of all school districts and other public agencies that are members of the KCDA Purchasing Cooperative is available on our web site www.kcda.org. Restrictions of merchandise or services to any locale of KCDA membership must be clearly noted in a bid response. B. INTERPRETATION OF BID DOCUMENTS Any person contemplating submitting a bid for the proposed contract that is in doubt as to the true meaning of any part of the bid documents, or finds discrepancies in or omissions from the bid documents, shall submit to KCDA a written request for an interpretation or correction thereof. Such request shall be submitted and received not later than 10 days prior to the date specified for receipt of bid responses. Any interpretation or correction of the bid documents will be made in writing by addendum duly issued to all bidders. KCDA will not be responsible for any other explanation or interpretation of the bid documents. C. EXCEPTIONS Any exceptions to the terms and provisions of this invitation for bids shall be made by signed and dated attachment to the bid response. Do not add to, delete from, or amend in any manner the bid form. Exceptions pertaining to payment or delivery terms must be noted within Attachment B. All noted exceptions are subject to approval and acceptance by KCDA. D. CONTRACT DEFAULT Your bid is subject to all terms and conditions as herein established in this bid request form and include price, quality and delivery. Subsequent failure to provide items bid in accordance to the purchase order and bid delivery schedule will constitute contract default, and, after due written notification, allows the Purchasing Department to declare the contract void and to purchase the merchandise on the open market. Any additional costs to procure and distribute replacement product will be charged to the bidder. E. BIDDER RESPONSIBILITY All bidders shall thoroughly examine and be familiar with the bid documents including all exhibits and attachments. The failure or omission of a bidder to receive or examine any form, instruments, addendum, or other document shall in no way relieve any bidder from obligations with respect to your bid or to the contract. The submission of a bid shall be taken as prima facie evidence of compliance with this section. F. BIDDER FINANCIAL RESPONSIBILITY KCDA has the right to request financial information from any bidderto evaluate the bidder's ability to meet the terms and conditions of any and all contracts that may be established by acceptance of the offer contained in the bid. Additional confirmation from the bidder's supplier(s) that the delivery terms of the contract will be met may be required. KCDA reserves the right to reject any or all bids and/or bidders unable to prove they are financially able to provide the quantity of merchandise they have offered in response to this bid invitation. G. MINORITY AND WOMEN OWNED BUSINESSES KCDA encourages all minority and women owned businesses to participate in the bid process. Washington State law does not allow KCDA to provide any financial advantage for minority and women owned businesses who participate, however, KCDA believes that a diverse range of suppliers benefits all. II. GENERAL PROVISIONS A. BID OPENING All bids submitted for supplies and/or services will be opened at the time, date and place, and in the manner herein specified, and all bidders are invited to be present at the opening of such bids. A final recap will be available from KCDA after bid awards are made. Under no circumstances will a bid be considered if filed after the hour specified in the invitation for bids. To be considered for award, a bid response must be submitted according to the instructions and prior to the date and time indicated within. The times listed in any referenced schedule are Pacific Standard Time. KCDA will not accept bids that are sent via fax or email. The KCDA address is: King County Director's Association Purchasing Department 18639 80th Ave S Kent, WA 98032 B. MODIFICATIONS/WITH DRAWL OF BID Bids may be modified or withdrawn by written notice received prior to the exact hour and date specified for receipt of bids. Bids may also be modified or withdrawn in person by an authorized representative, who must sign a receipt for this action. Returned and/or unsubmitted bids shall become the responsibility of the bidder. Bids that are not resubmitted on or before the exact time of the opening shall not be considered for award. C. QUALITY STANDARDS Whenever an item in this invitation for bid is described using a manufacturer's name, brand or catalog number, it shall be construed solely for the purpose of indicating the standards of quality. Brands of equal quality shall be considered, except where otherwise stated, provided the bidder specifies the brand, model and number on which their bid is submitted and submits samples, specifications and other information necessary to properly evaluate the bid. Any bid containing a brand which is not of equal quality at the sole discretion of KCDA, shall not be considered. KCDA will accept bids on new product only. Merchandise that has been refurbished or has been in storage for a long period of time is unacceptable. D. REJECTION OF ANY OR ALL RESPONSES KCDA reserves the right to accept or reject any or all bids and to waive informalities or irregularities in any bid or in the bidding process. E. BINDING CONTRACT It is understood that the offer represented by a bidder and an award made by the KCDA Board of Directors to the successful bidder, forms a binding contract. KCDA, under certain circumstances, will allow the assignment of contracts; however, no assignment can occur to another entity without written agreement from KCDA. F. ESTIMATED QUANTITIES Quantities, if shown on the bid forms, are estimated requirements of the members for whom KCDA acts as purchasing department based on historical ordering information. Such quantities represent the total quantity the cooperative anticipates purchasing over the life of the contract period. KCDA reserves the right to order more or less than the quantities stated in the bid. Any minimum order requirements or ordering restrictions should be so indicated as part of the bid response and will be subject to bid evaluation. Quantities ordered are based on actual requirements and the successful bidder will fulfill that requirement regardless of the manufacturer's policies regarding order completion. G. CONTRACT PERIOD Following an award, a contract would be issued as an annual contract from the date of KCDA Board acceptance, or as noted under Special Provisions. After the initial period, there is a possibility of three (3) renewals for the duration of one (1) year each. Pricing is firm forthe first/initial period. H. ORDERING SCHEDULE Based upon accepted minimum order requirements set by the successful bidder, KCDA or KCDA members may submit orders once a contract has been established by the KCDA Board of Directors. KCDA reserves the right to place orders anytime, for any amount, during the contract period based upon any accepted minimum quantities and time restrictions set forth by the successful bidder attached to their bid response. Quantities and delivery dates listed in this bid are presented as a guide to the bidder, but will not be binding or limiting to the KCDA and its members. I. EXTENDED CONTRACT PERIOD By mutual written agreement of KCDA Board of Directors and the successful bidder, the initial contract period may be extended for additional periods, not to exceed extensions of 3 years total beyond the initial contract. Such extensions shall be at the awarded price in effect at the time and under the same terms and conditions as the original contract unless otherwise allowed under terms of the contract. Requests for extension shall be submitted to KCDA a minimum of 30 days prior to expiration of the existing contract term. J. REQUESTED SAMPLES It is the bidder's responsibility to provide samples as requested for bid responses to be considered. Submit the samples to King County Directors' Association, 18639 80th Ave. S., Kent, Washington, 98032. All requested samples must be labeled with the bid number, KCDA's item number (as applicable) and bidder's name, and be submitted no later than seven (7) working days after request. Where items are being offered as an alternate to a specified product, KCDA requests samples be submitted ten (10) working days prior to bid opening and also labeled with bid number, KCDA's item number and marked "Alternate for Bid". DO NOT ENCLOSE YOUR BID WITH THE SAMPLES. K. DISPOSAL OF SAMPLES Bid samples not picked up within 30 days after the bid award date shall become the property of the King County Directors' Association and shall be disposed of by distribution to the member school districts or by donation as deemed appropriate by KCDA. L. KCDA NON DISCRIMINATION STATEMENT Bidders who desire to provide KCDA with equipment, supplies and/or professional services must comply with the following Non Discrimination requirements. During the performance of this contract, the Bidder agrees as follows: Bidder will comply with all Local, State and Federal Laws prohibiting discrimination with regard to race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. 4 The Bidder will not discriminate against any employees or applicant for employment because of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. The Bidder will, in all solicitations or advertisements for employees placed by or on behalf of the Bidder, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. Any Bidder who is in violation of these requirements, or an applicable nondiscrimination program shall be barred forthwith from receiving bid awards or any purchase orders from KCDA. M. INDEMNIFICATION The Vendor agrees to defend, indemnify and hold harmless KCDA and the member agency, and their respective officers, officials, employees and volunteers from any and all claims, injuries, damages, losses or suits including attorney fees arising out of or resulting from the acts, errors or omissions in performance of this Agreement, except for injuries and damages caused by the sole negligence of KCDA or the member agency. 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 Vendor, KCDA or the member agency and their respective officers, officials, employees, and volunteers, the Vendor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Vendor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Vendor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purpose of this indemnification. Use of this contract certifies that the waiver of immunity specified by this provision was mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of the Agreement. N. PATENT INDEMNIFICATION By accepting this order, Bidder agrees to save and hold harmless KCDA, its successors, assigns, customers and the users of its products from any liability, loss, damage, judgments, or awards, including costs and expenses arising out of any actions, claims, or proceedings for infringement of (a) any United States Letters Patent purporting to cover the material to be delivered to Buyer under this order, or its normal intended use and (b) any trademarks appearing with the material on delivery to KCDA; and further, Bidder agrees to defend KCDA at Bidder's expense in all such actions, claims, or proceedings, provided that KCDA shall give Bidder prompt notice in writing of all such actions, claims, and proceedings, as well as notice of infringement and threats of suit for infringement. O. SAFETY REQUIREMENTS All items furnished under this bid, where applicable, must comply with all OSHA, WISHA, UL Approval, including but not limited to chapter 296-46B of the Washington Administrative Code and any other safety requirements imposed by KCDA, State or Federal agencies. Bidder further agrees to indemnify and hold KCDA harmless from all damages assessed against KCDA as a result of Bidder's failure to comply with the acts and the standards issued thereunder and for the failure of the items furnished under this order to so comply. P. RISK OF LOSS Regardless of F.O.B. point, Bidder agrees to handle all claims and bear all risk of loss, injury, or destruction of goods and materials ordered herein which occur prior to delivery, and such loss, injury, or destruction shall not release Bidder from any obligation hereunder. Q. REJECTION All goods or materials purchased herein are subject to approval by KCDA or the KCDA member. Any rejection of goods or materials resulting from non -conformity to the terms, conditions and specifications of an order, whether held by KCDA, KCDA member, or returned will be at Bidder's risk and expense. R. SHIPMENT IDENTIFICATION All invoices, packing lists, packages, shipping notices, instructions, correspondence and all other written documents affecting any KCDA order shall contain the applicable purchase order number. A packing list must be provided with every shipment being made to KCDA indicating all the products shipped and back ordered; also, every carton shipped pursuant to this order must be marked with the contents therein. S. NO BID RESPONSE If no offer is to be submitted at this time, do not return this bid. A letter should be forwarded to KCDA advising whether future bids of this type are desired. Failure of the recipient to notify KCDA of your intentions may result in removal of your name from the bidder's list. T. BID AWARDS Following evaluation, bids recommended for award will be awarded by the KCDA Board of Directors to the lowest responsible bidder meeting specifications. KCDA reserves the right to award items in groups for ordering efficiencies, to meet minimum requirements (if accepted), to make multiple awards, or to reject any and all bids or portions thereof, to waive any minor irregularities in the bid process, orto make no awards, if in its sole judgment the best interests of KCDA and its members will not be served. U. Termination Termination for Convenience: KCDA may terminate this contract, in whole or in part, at any time and for any reason by giving thirty (30) calendar days written termination notice to Vendor. Termination charges shall not apply unless both parties subsequently agree upon them. Where termination charges are applicable, both parties agree to negotiate in good faith and to limit the extent of negotiations to valid documented expenses incurred by Vendor prior to date of termination. KCDA will not be responsible for stock that the Vendor has on hand that has not been requested via a purchase order. Should the parties not agree to a satisfactory settlement, the matter may be subjected to mediation and/or legal proceedings. V. RECIPROCITY Where allowed by law, KCDA may review responses from bidders outside the State of Washington to see if those bidders are from states that use restrictions against companies from the State of Washington when they respond to public bids. KCDA may use this information in making bid awards when multiple bidders appear to have submitted the same pricing, terms and conditions on a particular bid item or items. III. PREPARATION OF BID A. SUBMITTAL OF BID RESPONSE Submission of a response as designated in the bid instructions signifies that bidder will be bound to the terms and conditions of this bid unless an exception is made part of the submission and accepted by KCDA. Bidder must submit the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion form, included as Attachment A. Bids received without this form may be considered non -responsive. B. SIGNATURE Bid responses are required to include the firm name, address, telephone number, contact name and authorized signature, signed in longhand by the person duly authorized to sign bid documents identified in the solicitation. Every attempt will be made to answer all questions. Where a response or addendum cannot be obtained prior to the bid opening, it is understood that the Bidder will assume the more stringent of requirements. C. QUESTIONS/ADDENDUMS All questions must be submitted in writing to the KCDA Purchasing Agent D. F.O.B. SHIPMENTS Prices must be quoted in the UNIT SPECIFIED, PACKAGING INCLUDED and except for cash discount percentages, quoted NET, F.O.B. THE DELIVERY POINT specified in this bid, including the unloading of theme rchandise. KCDA typically redistributes products to its members unless designated or requested as a direct ship method. All merchandise shipped to KCDA must be in packaging that can be reshipped, via common carrier, without damage. Any damage incurred due to insufficient packaging will be the responsibility of the supplier. No charges will be allowed for special handling, packing, wrapping, bags, containers, reels, etc. E. PRODUCT IDENTIFICATION All bid responses must confirm the manufacturer number, brand name or grade specified in the bid invitation and such identification shall be binding on the bidder. Bidders must insert the manufacturer number, brand name, grade and any other information necessary to clearly and properly describe and identify the articles they propose to furnish. If necessary attach additional documentation for this purpose. Alternates should be noted as an "alternate item" and properly identified with brand, manufacturer number, etc. The bidder is not to alter the grade, brand, manufacturer number or description as given in the bid invitation. Questions on how to properly submit an alternate item must be directed to the named Purchasing Agent responsible for this bid. F. QUANTITY PER UNIT OF MEASURE Where applicable, if the quantity or volume per unit differs from that specified in the bid invitation for any particular item, it is mandatory to note such difference in the bid response. Any bid submitted not showing the quantity per unit of measure will be construed to mean the bidder will furnish the unit of measure as specified in the bid invitation and such interpretation shall be binding on the bidder. If the bidder provides a unit of measure different from the KCDA requirement, it will be construed as an alternate item. Any merchandise subsequently received in other than KCDA units must be repackaged to correct units. Repackaging is the responsibility of the bidder who has entered into the contract. Payment will not be tendered until the merchandise has been packaged to KCDA units. If necessary, KCDA reserves the right to repackage merchandise to KCDA units and charge the bidder for all fair and reasonable associated costs. KCDA requires that upon award, the successful bidder establish a factory pack unit and ship in that unit for the duration of the contract. G. ALTERNATE SPECFICATIONS An alternate specification is where the bidder is offering a product or service significantly different than outlined in the bid request, and typically applies to items listed as "No Substitute". For alternate specifications to be considered, a request must be submitted to KCDA 15 working days prior to the bid opening. If accepted by KCDA, a clarification will be issued to all bidders on a bid addendum. Alternate specifications may be accepted if they meet the conditions above and they are deemed to be in the best interest of KCDA and the member agencies. H. ERRORS/CORRECTIONS Any erasures, interlineations or other correction in the bid must be initialed by the person(s) signing the bid. Corrections must be provided within the terms of the vendor response and accepted by KCDA. I. INVOICING It is understood that invoices issued by the manufacturer/dealer will reflect the shipping date of materials. It is also understood that actual delivery and install or training at the end user location may be delayed from the date of shipment. Subsequently, payment will be made after satisfactory delivery and acceptance by the enduser of any quantity of merchandise shipped and/or installed. Advance discussion regarding payment terms on specific projects are recommended where this may occur. Where KCDA participates in the invoicing process, KCDA reserves the right to withhold payment to a vendor on a project until such time payment from the customer has been received. Invoices enclosed with merchandise will not be accepted. Invoices shall contain the following information: purchase order number, item number, quantity ordered, quantity shipped, unit price, extension, terms and sales tax. Payments will be made on original invoicing only. 7 J. CASH DISCOUNTS/INVOICE PAYMENTS Cash discounts are encouraged and cash discount percent and terms may be entered on Attachment B. KCDA will subtract cash discount percentages when comparing bids in all cases where it is deemed probable that KCDA will be able to take advantage of the offered discounts. KCDA will accept terms for as few as 15 days. If the terms portion of the bid is left blank then terms will be assumed to be Net-30 days. Please do not enter terms as 100% as this means the merchandise bid is free. KCDA is required, by law, to process invoice payments through the King County Treasurer. Payment warrants can be issued weekly. The first day for start of terms shall begin with acceptance of delivery or installation by the enduser or receipt of invoice, whichever is later. Invoices with discounts between 15 and 30 days will be paid within terms and net 30-day invoices will be paid on the first pay date after 30 days. K. WASHINGTON STATE SALES TAX Washington State sales taxes are not to be included in any items as part of the bid response, but will be added at the time of invoicing. All other taxes, including but not limited to any excise or business and occupation tax must be included in your bid price. The only taxes KCDA will pay upon invoice are the Washington State Sales tax. IV. PRODUCT ACCEPTANCE A. GENERAL POLICY The Purchasing Department shall have the right to reject any and all articles that are not in strict conformity with requirements and specifications of the bid and the approved samples submitted by the bidder. The bidder must replace all rejected articles promptly with articles of quality equal to the specifications or samples submitted and remove rejected articles at his own expense. In the event of failure on the part of the bidder to promptly replace rejected articles, the Purchasing Department reserves the right to purchase same on the open market or of declaring the contract void. Any additional costs incurred to procure and distribute replacement product will be charged to the bidder. V. BID PROTESTS Who may protest Only actual or potential bidders with a direct economic interest in the outcome may file a bid protest. What can be protested Acceptance or rejection of a bid proposal, award or proposed award of a bid, allegedly restrictive specifications, omission of a required provision, ambiguous or indefinite evaluation factors are all factors that can be protested. How to file a protest Protests may be filed with either the KCDA purchasing agent who issued the bid or with the KCDA purchasing manager. Protests should include the following information: 1) Include the name, street address, email address, telephone and fax numbers of the protestor or their representative. 2) Be signed by the protestor or its representative. 3) Identify the solicitation or bid contract number. 4) Set forth a detailed statement of the legal and factual grounds of protest, including copies of relevant documents. S)Set forth all information establishing that the protester is an interested party for the purpose of filing a protest. 6) Set forth all information establishing the timeliness of the protest. 7) Specifically request a ruling by the KCDA purchasing manager. 8) State the form of relief requested. Appeals of protest ruling must be made in the following order: 1) KCDA Purchasing Manager, 2) KCDA Executive Director 3) KCDA Board of Directors. When to protest Protests alleging improprieties in a solicitation must be filed before the bid opening time and date if the improprieties were apparent prior to that time. A solicitation defect that was not apparent before that time must be protested not later than 10 days after the defect became apparent. Where to file a protest Protests must be sent to: KCDA Purchasing Cooperative PO Box 5550 Kent, WA 98064-5550 After a protest is filed Upon receipt of a protest, KCDA will acknowledge receipt of the protest in writing either by mail, fax or email. The only time an acknowledgement is not sent will be if the protest is summarily dismissed. Protestors may be contacted for a meeting to review the protest. Within 10 days KCDA will make a decision as to the merits of the protest and notify the protestor of the decision and any remedies in the matter. VI. PRODUCT TOXICITY REPORTS A. HAZARDOUS CHEMICAL COMMUNICATION In order to comply with WAC 296 62 054, Hazard Communication, all bidders offering products on this bid that contain any toxic chemicals that may be harmful to the end user, must submit a Material Safety Data Sheet (MSDS) on the State of Washington form as provided by law with the bid. Please list any web site address where an MSDS can be obtained. Any hazardous material tax must be included in the price of the product bid. KCDA will not be held responsible for any additional taxes (other than Washington State Sales Tax) and will not pay them if noted as a separate line item on invoices. E KCDAPURCHA SING COOPERA T/VE 18639- 80TH Ave S. • P.O. Box 5550 • Kent, WA 98064-5550 • Phone 425-251-8115 • Fax 253-395-5402 • wwwAv.da.ofo INVITATION FOR BIDS #19-406 Sport Court/Field Lighting BID DUE DATE: January 8, 2019 On or Before 2:00 PM PST Attachment A Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion In submitting the proposal to provide products and/or services as outlined in the bid specifications, we hereby certify that we have not been suspended or in any way excluded from Federal procurement actions by any Federal agency. We fully understand that, if information contrary to this certification subsequently becomes available, such evidence mgy be grounds for non -award or nullification of a bid contract. This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, Participant's Responsibilities. Signed: Title: Secretary Firm: Musco Sports Lighting, LLC. Address: 100 1St Ave West, PO Box 808 City, State, Zip: Oskaloosa, IA 52577 Date: November 28, 2018 Email musco.contracts@musco.com King County Directors' Association A School Purchasing Cooperative for Supplies and Equipment KCDA Certification of Compliance with Wage Payment Statutes The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date January 081h' 2019 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. Musco Sports Lighting, LLC Bidder's Business Name S' atur o uthorize O cial* James M. Hansen Printed Name Secreta Title November 28, 2018 Oskaloosa Date City Check One: Sole Proprietorship ❑ Partnership ❑ Iowa State Joint Venture ❑ Corporation State of Incorporation, or if not a corporation, State where business entity was formed: Iowa If a co -partnership, give firm name under which business is transacted: * 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. KCDAPURCHASING COOPERATIVE 18639 — 80th Ave, S. • P.O. Box 5550 • Kent, WA 98064-5550 • Phone 425-251-8115 • Fax 253-395-5402 • www.kcda.org INVITATION FOR BID Sport Court Field Lighting Bid #19-406 ATTACHMENT C—Special Provisions THESE INSTRUCTIONS SUPERCEDE AND TAKE PRECEDENCE OVER ANY OPPOSING LANGUAGE IN THE STANDARD TERMS AND CONDITIONS A. SOLICITATION OBJECTIVES KCDA is seeking manufacturers, providers or dealers/distributors to provide current and emerging Integrated Systems and Critical Communications to its members. It is KCDA's intent to establish an annual multi -state contract with the potential of up to three (3) one-year extensions if mutually agreed between KCDA and the awarded vendor(s). Bidders must be a manufacturer or a manufacturer's sales representative authorized to provide KCDA Sport Court Field Lighting in Washington, with the preferred ability to service surrounding member states (ex: Oregon, Idaho, Montana, Alaska). Total approximate value of spend for this contract per year is between $4,000,000.00 and $6,000,000.00. However KCDA does not guarantee any minimum or maximum value or number of orders. Contracts established by KCDA are available for use by all public schools, colleges, universities, cities, counties and other government agencies throughout the nation. Participation in KCDA is not required of any governmental agency; however, participation does provide the legally required competition for contracts for commonly purchased products and services, thereby saving the entity the time and expense of a required competitive process. As allowed by specific state statutes, members can issue purchase orders for any amount without the necessity to prepare their own IFB or gather necessary quotations. Bidders must be an authorized manufacturer, sales representative or service dealer having a local sales, service and install presence in Washington State. The Bidder must also include a list identifying the states within which they are authorized to sell, service and install. If a portion of a state is serviced, bidder must specifically list the portion which is serviced. Bidder can list by county, region or territory. Bidder must provide the list as a separate document when submitting a response. The bidder may propose different pricing and rates for different installation areas as necessary to accommodate applicable wage rates and costs. Bidders must have a local sales presence that either reside or can be contacted within the additional states named to enable KCDA members to have onsite consultation, needs assessment, installation, integration and training. It is the intent of KCDA to award potentially multiple vendor contracts, whereas KCDA member agencies the tools necessary for Sport Court Field Lighting centrally or location by location. Types of services and products may include, but are not limited to LED luminaries, Housing, Steel Poles, Foundation, Electrical components, brackets, miscellaneous fasteners, and bolts for end product. Installation and training services. By conducting this solicitation, KCDA intends to provide savings and to offer its members a choice of Sport Court Field Lighting and Services at discounted pricing. KCDA's purpose is to: • Cooperatively serve our members and associate members through a continuous effort to explore and solve present and future purchasing needs. • Provide government agencies opportunities for greater efficiency and economy in acquiring goods and services. • Equalize purchasing power for smaller agencies that are unable to command the best contracts for themselves. • Maintain credibility and confidence in business procedures by maintaining open competition for purchases and complying with purchasing laws and ethical business practices. • Provide competitive price solicitations which meet the procurement laws of our members. ■ Secure multi -state volume purchasing contracts which are measurable, cost effective and continuously exceed our members' expectations. • Provide quick and efficient delivery of goods and services by contracting with "high performance and quality" vendors who understand our members' needs. B. TIMELINE November 141h & 21'% 2018 January 08th, 2019 February 14th, 2019 February 21st, 2019 March 1", 2019 C. SUBMISSION OF BIDS Advertised as Bid 19-406 in DJC Seattle, Oregon Bids due no later than 2:00 P.M. PST Award recommendation Board Approval Contract Start Date Bidders are requested to submit pricing for Washington state per the drawings and specifications provided in this solicitation. KCDA requests pricing for its members in Oregon, Idaho, Montana and Alaska as well. Bidder is requested to submit either 1) separate price pages for each state being bid or 2) provide a pricing matrix that shows a price factor to be applied to the Washington state pricing in order to calculate the pricing for other states. Pricing must be provided in hard copy and must be available in excel on flash drive or CD. • All questions pertaining to this bid shall be entered in the "Questions" section of Public Purchase. No emails or phone inquiries will be accepted. • Submit sealed bid in One 3-ring binder with an inside pocket and a set of dividers. Submit one (1) bound and signed copy of the bid plus one (1) electronic copy on CD or flash drive. • All bids are to be delivered to: KCDA, 18639 80th Ave S, Kent, WA 98064-5550 on/or before 2:00 PM on the bid due date. Online submission of bids through Public Purchase will not be accepted. • KCDA reserves the right to reject any or all bids and to accept any proposal deemed most advantageous to KCDA members and to waive any informality in the bid process. • Bids shall be submitted as stated in this solicitation. KCDA reserves the right to reject any exceptions stipulated in a bidder response, and may subsequently disqualify such bid if such terms are unacceptable to KCDA. Language to the effect that the bidder does not consider this solicitation to be part of a contractual obligation may result in the bid being disqualified. Withdrawals of bids will not be allowed for a period of 60 days following the opening. Withdrawal of bids prior to the opening date will be permitted. Addendums if required, will be issued by KCDA through Public Purchase. Addendums will also be posted on the KCDA website (www.kcda.org) under Bid information. Addendums will not be mailed ore -mailed. It is bidder's responsibility to check for issuance of any Addendums prior to submitting a bid. All Addendums must be signed and returned with the bid document or the bid will be considered non -responsive. All documents with signatures shall have original ink signatures. Electronic copies shall be scanned with original signatures. D. BID FORMAT 1. Preparation of the Bid Response a. The IFB #19-406 is published in one PDF document on the KCDA Website, it is also published on the Public Purchase Website with all required documents and forms posted separately. • Attachment A contains the Debarment Statement (signature required) • Attachment B, includes Terms by Manufacturer (signature required) • Attachment C Special Provisions that take precedence; (signature required) • Attachment D Manufacturer Price List • Attachment E Service Price Schedule (Supplied by bidder) ■ Company Profile (signature required) ■ Bidder Responsibility Form (signature required) • Certification of Compliance (signature required) b. Bid Forms requiring signatures shall be submitted with original ink signatures, by the person authorized to sign the bid. Failure to properly sign the bid documents or to make other notations as indicated will result in the response being deemed non -responsive. c. Corrections and/or modifications received after the opening time will not be accepted, except as authorized by applicable rule, regulation or statute and KCDA. d. In case of an error in extension of prices in the bid, unit prices shall govern. e. Periods of time, stated as a number of days, shall be in calendar days, not business days. f. It is the responsibility of all Bidders to examine the entire IFB package, to seek clarification of any item or requirement that may not be clear, and to check all responses for accuracy before submitting a bid. Negligence in preparing a bid confers no right of withdrawal after due date. g. Please note that this bid has specific evaluation criteria and weighting listed in the AWARD section found at the end of this document. Attention to detail in submitting the bid is seen by KCDA as an early opportunity to evaluate the potential of a future bidder/vendor to comply with detailed requirements in the public procurement sphere. KCDA appreciates a well thought out and complete submission and will be available for questions through the independent third party publicpurchase.com website. 2. Format of Bid Response Bidders shall provide bids in a three ring binder using standard size paper, clearly identified with the company name and the name of the IFB being responded to on the outside front cover and vertical spine. Clearly identified tabs must be used to separate the bid into sections, as identified below. Responses should be direct, concise, complete and unambiguous. Bidders failing to organize bids in the manner requested risk being considered non -responsive if bids are not easily read and understood. Awards will be made more efficiently and timely by following the required format. Tab 1- Company Profile/Information • Responses should include a brief introduction informing KCDA of the qualifications and experience of the Bidder, along with a brief company history. • References (3). Projects should be of similar size and complexity, preference given for government contracts. Tab 2 - Response Forms ■ Debarment Statement -Attachment A • Certification of Compliance with Wage Payment Statues • Terms by Manufacturer -Attachment B (option: bidder may include this information in their own format as part of the pricing pages) • Attachment C —Special Provisions • Deviations and Miscellaneous Fees —Attachment D • Responsible Bidder Tab 3 - Pricing Pages • Price sheets supplied in IFB. • A listing of products or services which are not listed on the price list which Bidder can provide and may be considered as a value add for KCDA member agencies. Tab 4 - Product Line Brochures and Literature Tab 5 - Marketing Plan: • List shows, conferences, show examples of flyers or describe how bidder will market the KCDA Integrated Systems and Critical Communications Contract. Tab 6 — Authorized Dealers/Vendor Partners • Provide letters from each manufacturer stating authorization to deal. • List all dealers/vendor partners authorized to utilize this contract through the vendor. Tab 7- Addendums E. VENDOR RESPONSIBILITIES • Designate and assign a dedicated senior -level contract manager (one authorized to make decisions) to the KCDA contract. This employee will have a complete copy and must have working knowledge of the contract. • Train and educate sales staff on what the KCDA contract is including pricing, who can order from the contract, terms/conditions of the contract and the respective ordering procedures for each state. It is expected that the awarded vendor will lead with the KCDA contract. • Develop a marketing plan to support the KCDA contract in collaboration with respective KCDA member agencies. Plan should include, but not be limited to, a website presence, electronic mailings, sales flyers, brochures, mailings, catalogs, etc. • Create an KCDA-specific sell sheet with a space to add a KCDA logo and contact information for use by KCDA and the awarded vendors local sales representatives to market within each state. • Have ongoing communication with the Contract and Procurement Specialist at KCDA and the KCDA member agencies. • Attend two (2) "touch base" meetings at KCDA per year. One of those meetings maybe participating in the KCDA Vendor Fair. ■ Participate in national and local conference trade shows to promote the KCDA contract. • Increase sales over the term of the KCDA contract. F. EQUIPMENT & RELATED PRODUCTS 1. New Sport Court Field Lighting and Services: a. All Sport Court Lighting and Services provided under this contract must be new. Sport Court Lighting and Services which have not been used previously and are being actively marketed by the Manufacturers' authorized dealers. b. All branded Sport Court Lighting included components, spare parts, and ancillary equipment supplied under this contract must conform to manufacturer specifications and shall be of new manufacture and in current standard production. The awarded vendor is responsible for ensuring that these items are operable and installed in accordance with manufacturer's specifications. c. Seethe SOW GENERAL REQUIREMENT document for specifications for the product details. 2, Sport Court Lighting Services Installation Removal a. The installation and/or removal of contract Sport Court Lighting Services shall be performed in a professional manner. The member's premises and equipment shall be left in a clean condition. The awarded vendor may be required to repair all damage and/or provide full compensation for damage to the member agencies premises and equipment that occurred during installation/removal. b. Personnel in charge of the installation must be available to coordinate installation with member agency's internal staff. Qualified service support and technical personnel will be required to provide all necessary maintenance and repair. Installation dates and installation schedule must be approved by member agency. c. Installation crews may be working around students, teachers and general staff. Installation may require off hour and weekend work in order to accommodate and complete the project in the timeline required by the member agency. The member agency will try to accommodate access for installation during school/business hours; however, any plan that displaces staff, students or personnel will most likely create disruption to the ordinary daily schedule. After hours and weekend installations are preferred and will be so identified in the proposal to the member agency. d. Project Manager for the awarded vendor shall verify proper installation at multiple and various times throughout the duration of the installation. e. Upon successful completion of installation, test system functionality for all possible scenarios and document all outcomes. f. Installment requirements per Chapter 296-200A WAC General Contractor license with licensing specialty in Electrical services, (Note additional work related to security may require additional Electrical license) 3. Field Court Lighting Services newly Installed Equipment or Related Product Problems a. Member agency will evaluate the performance of newly installed Field Court Lighting Services for a 15-day period after installation. If the performance is unsatisfactory, the member agency will immediately contact the awarded vendor to pursue corrective action and resolution of the problem. Resolution of performance problems may result in: b. Repair or other action to correct the problem including training or modifications made to member's satisfaction c. The replacement of the Field Court Lighting Services with another Field Court Lighting Services of the same brand and model, at no additional cost (including delivery and installation) to the member agency, or - d. Return of the Field Court Lighting Services with cancellation of the order at no charge to the member agency. 4. Field Court Lighting Services Inspection/Testing/Acceptance a. Inspections, tests, measurements, or other acts or functions performed by the member agency shall in no manner be construed as relieving the awarded vendor from full compliance with contract requirements. At a minimum, an installed piece must demonstrate the capability of providing the functions and services specified in the manufacturer's published literature. 5. Field Court Lighting Services Maintenance Repair and Service a. Maintenance, repair and service related to the operation of Field Court Lighting Services must be provided to member agency. b. Excessive Service and Downtime: Field Court Lighting Services including all components, spare parts, and ancillary equipment supplied through this contract shall be capable of continuous operation. Therefore, awarded vendor shall guarantee that all Field Court Lighting Services will be operational at least 98% of normal business hours. Field Court Lighting Services that develop a trend of requiring an excessive number of service calls shall be reported by the member agency to the awarded vendor or by the awarded vendor to the member agency as the situation warrants and a corrective action and resolution will be made in a manner that is best for the member agency. d. In the event that the performance of maintenance services under the contract results in a need to replace defective parts, such items may only be replaced by new parts. In no instanc shall the awarded vendor be permitted to replace defective items with refurbished, Remanufactured, or surplus items without prior written authorization of the member agency. e. Awarded vendor must guarantee the availability of repair parts for a minimum of five (5) years subsequent to member agency acceptance of the contracted Fencing Material Services. 6. Field Court Lighting New products and/or Services a. Field Court Lighting Services must meet the scope of work to be added to the contract. b. Pricing shall be equivalent to the percentage discount for other products. c. Awarded vendor may replace or add product lines to an existing contract if the line is replacing or supplementing products on contract, is equal or superior to the original products offered, is discounted in a similar or to a greater degree, if it is within the same awarded manufacturer and if the products meets the requirements of the solicitation. d. No products may be added to avoid competitive procurement requirements. KCDA may require additions to be submitted with documentation from KCDA members demonstrating an Interest in, or a potential requirement for, the new product or service. e. KCDA may reject any additions without cause. 7. Field Court Lighting -Services If a product or model is discontinued by the manufacturer, awarded vendor may substitute a new product or model if the replacement product meets or exceeds the specifications and performance of the discontinued model, it is within the awarded manufacturer and if the discount is the same or greater than the discontinued model. 8. Warranty a. The Vendor Partner shall warranty all parts and materials for at least 90 days from date of purchase or manufacturers' warranty, whichever is longer. b. Any product delivered through this contract that fails to perform to manufacturer's specifications shall be repaired or replaced within fifteen (15) days of receipt at the KCDA member request. c. Vendor partner will describe the warranties that apply to the products offered in the IFB response and when warranty date will commence. d. Vendor partner will identify any website links that cover warranty information. e. The manufacturer has the primary responsibility to honor a manufacturer' warranty. f. A distributor or dealer agrees to assist the purchaser reach a solution in a dispute with the manufacturer over a warranty's terms. g. Any extended manufacturer's warranty will be passed on to the KCDA Member. List any pricing applicable to warranties in Attachment Price List of the IFB response. 9. Risk of Loss or Damage a. Vendor partner shall retain title and control of all goods until they are delivered and received. b. All risk of transportation and all related charges shall be the responsibility of the vendor partner. The vendor partner shall file all claims for visible or concealed damage. c. The KCDA member will notify the vendor partner and/or freight company promptly of any damaged goods and shall assist the freight company/vendor partnering arranging for inspection. d. No F.O.B. vessel, car or other vehicle terms will be accepted. 10. Taxes a. Member agencies, who have obtained contract equipment and related products under the terms of this contract, will be responsible for payment of all taxes related to acquisition, such as sales tax, property tax, etc. b. Vendor partner must separately list all such taxes on member agencies proposal and subsequent invoice. 11. Delivery a. Orders placed against this bid award must be delivered F.O.B. Destination to KCDA's members, which are primarily in Washington, Oregon, Idaho and Montana, but may be located in other states. b. Please state if minimums are required and what the ship direct guidelines will be on Attachment B. This form must be submitted with the bid response. c. If a minimum is imposed but cannot be met in a member's order, Bidder must designate in their bid response if acquisition options are available to the member outside of the minimum terms. NOTE. Listing the above specifications shall in no way relieve the awarded vendor from the responsibility to follow proper code and regulations. G. TRAINING & SUPPORT Please state specifically the amount of training which will be provided at no charge. Then list the charge per hour of additional training if applicable (see Bid Sheet). a. If specified by the member agency, staff in-service shall be offered following the installation. Training needs must be quantified and specified by the member agency. Awarded vendors shall provide appropriate pricing (if applicable) based upon each member agencies training need. It is understood that some training may be provided free of charge and some may incur charges. Please outline your training philosophy and related pricing structure. If desired follow up training may also be scheduled to further support usage and to identify Any individual training needs. Please include follow up training pricing as well. H. PUBLIC WORKS LANGUAGE Vendor agrees that, in performance of the services required under this agreement, Vendor shall abide by all federal, state, local and Washington law and regulations that may apply to construction and public works. It is the responsibility of the Vendor to determine applicability and requirements of any such laws and to abide by them. Public Works: State of Washington statute requires workers be paid prevailing wages when employed on public works projects and on public building service maintenance contracts. (RCW 39.04,010, RCW 39.12.010 and 020) It is the contractor's responsibility to be acquainted with and comply with State regulations regarding payment of prevailing wages on public works projects. Prevailing Wages are established by the Washington State Department of Labor and Industries and can be obtained on the web at htt www.Ini.wa.govlTradesLicensing/Pi-evW irp/WapeRates/default.asp or by contacting Labor and Industries at 360-902-5335. A copy may also be requested from KCDA. KCDA serves all counties in Washington State. The County in which the project is located will be identified once a member initiates a request for the service, and the effective wage rate to be applied to a specific project is to be based on the date of this bid during the original contract term, and if contract extensions are granted, the prevailing wage rate in affect at the time of the latest extension. Application_: The Public Works Act regulates wages paid to workers, laborers and mechanics performing public work. It does not apply to work that is clerical, executive administrative or professional in nature. It does not apply to work of a secretary, engineer or administrator, unless they are performing construction work, alteration work, repair work, etc. Prevailing wage application depends on the work that is performed, regardless of the worker's job title. (RCW 39.12.020 and WAC 296-128-510 through 530) Definition: Public Works is all work, construction, alteration, repair or improvement that is executed at the cost of the state or any other local public agency. This includes, but is not limited to, demolition, remodeling, renovation, road construction, building construction, ferry construction and utilities construction. (RCW 39.04.010) Public Building Service Maintenance Contracts: Prevailing wages are also required on all public building service maintenance (janitorial) contracts. (RCW 39.12.020) Contractors bidding a Public works project exceeding $1,000,000.00 must declare who their HVAC, Plumbing and Electrical subcontractors will be and submit this information with bid documents in order for the bid to be responsive (RCW 39.30.060). Such projects also have special considerations pertaining to use of apprentices (39.04.320). Reciprocity. In accordance with RCW 39.04.380 any bidding process for public works in which a bid is received from a nonresident contractor from a state that provides a percentage bidding preference, a comparable percentage disadvantage must be applied to the bid of that nonresident contractor. This does not apply to public works procured pursuant to RCW 39.04.155, 39,04.280 or other procurement exempt from competitive bidding. Prevailing Wage: Definition: Prevailing Wage is the hourly wage, usual benefits and overtime, paid in the largest city in each county, to the majority of workers, laborers and mechanics. The rate is established by the Department of Labor and Industries for each trade and occupation employed in the performance of public work. If Federal funds are used bidders must comply with provisions of Davis -Bacon Act. Basic procedures: A Statement of Intent to Pay Prevailing Wages and Affidavit of Wages Paid must be filed and approved for the contractor and all subcontractors. No payments can be made until all contractors/subs have submitted an approved intent form. KCDA cannot release retainage until all Contractors have an approved Affidavit of Wages Paid form certified by the Industrial Statistician. (RCW 39.12.030, 040, 042) Once the work is successfully completed, KCDA will release 95% of the project cost and withhold 5% retainage for 45 days as dictated by law. The final 5% will be paid when the following is completed: Receipt of approved Affidavit of Wages Paid Forms, Releases from Washington State Department of Labor & Industries, Employment Security Department and the Department of Revenue, and acceptance of project completion to the satisfaction of the KCDA ordering member. The cost of filing required Intents and Affidavits is the responsibility of the Contractor, and may not be added as a line item charged to the member agency. All Intents and Affidavits must name the agency for whom work is being performed as the contract award agency, not KCDA. Federally Funded Projects: In addition to the Federal Requirements of Section III General Terms and Conditions, Davis -Bacon prevailing wage requirements apply to public works construction contracts of $2000 or more when a project includes any federal funding of any amount. When there is a difference between applicable state and federal prevailing wages for a particular classification of labor, contractors and subcontractors are required to pay the higher of the two prevailing wages. Applicable federal prevailing wage determinations can be found at http://www,wdol.pov/. Contractors/Subcontractors must be knowledgeable and adhere to all federal prevailing wage requirements, including but not limited to paying workers weekly and providing certified weekly payrolls for the contractor and subcontractors of any tier as required in the Davis -Bacon Act and applicable U.S. Department of Labor regulations. Falsification of any prevailing wage payroll records may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of Title 18 and section 231 of Title 31 of the United States Code. Contractor shall inform all subcontractors of the Davis -Bacon requirements and the prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses. Contractor must coordinate all requirements related to federal funded projects with the KCDA member Agency. • Responsible Bidder Before award, the bidder must meet the following state responsibility criteria and, if applicable, supplemental responsibility criteria to be considered a responsible bidder. The bidder is required to submit documentation demonstrating compliance with the criteria. Low Responsible Bidder A. State Responsibility Criteria. The Bidder must meet the following state responsibility criteria: 1. At the time of bid submittal, have a current certification of registration in compliance with chapter 18.27 RCW. 2. Have a current Washington State Unified Business Identifier (UBI) number. 3. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). 4. If applicable: a. Have Industrial Insurance (workers' compensation) coverage for the Bidder's employees working in Washington State, as required in Title 51 RCW; b. Have a Washington State Employment Security Department number, as required in Title 50 RCW; and c. Have a Washington State Department of Revenue state excise tax registration number, as required in Title 82 RCW. 5. New bidder requirement. Certify that within the three-year period immediately preceding the bid solicitation date: a. The bidder is not a "willfull" violator, as defined in RCW 49.48,082,, or any provision of chapter 49-46 49.48 or 49.52 RCW. b. As determined by a final and binding citation and notice of assessment issued by the department of labor and industries or through a civil judgement entered by a court of limited or general jurisdiction. 6. At the time of bid submittal, provide signed sworn statement in accordance with RCW 9A 72 085 verifying under penalty or perjury that the bidder is in compliance with the new responsible bidder criteria requirement. B. Supplemental Bidder Responsibility Criteria. If supplemental criteria apply to this project, the criteria are included as "Exhibit A." The Bidder may make a written request to modify any or all of the supplemental criteria. Modification of supplemental criteria shall be at KCDA's discretion. Any modifications to the supplemental criteria shall be made by addenda prior to bid opening. Subcontractor Responsibility_ The contractor shall include the language of this section in each of its first tier subcontracts, and shall require each of its subcontractors to include the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. The requirements of this section apply to all subcontractors regardless of tier. At the time of subcontract execution, the Contractor shall verify that each of its first tier subcontractors meets the following bidder responsibility criteria: 1. At the time of bid submittal, have a current certification of registration in compliance with chapter 18.27 RCW. 2. Have a current Washington State Unified Business Identifier (UBI) number. 3. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). 4. If applicable: a. Have Industrial Insurance (workers' compensation) coverage for the Bidder's employees working in Washington State, as required in Title 51 RCW; b. Have a Washington State Employment Security Department number, as required in Title 50 RCW; and c. Have a Washington State Department of Revenue state excise tax registration number, as required in Title 82 RCW 5. Have an electrical contractor license, if required by Chapter 19.28 RCW; 6. Have an elevator contractor license, if required by Chapter 70.87 RCW; Bonds- Payment & Performance: The prime Contractor shall provide a Performance and Payment Bond at 100% of the contract price to the KCDA member with a copy to KCDA before work begins. The only exception is for contracts of one hundred fifty thousand 150 000 dollars or less. In this instance, at the option of the Contractor, the member may in lieu of the bond retain ten percent of the contract amount for a period of thirty days after date of final acceptance, or until receipt of all necessary releases from the Department of Revenue and the Department of Labor and Industries and settlement of any liens filed under Chapter 60.28 RCW, whichever is later. The bond shall be issued by a surety company authorized to do business in the State of Washington and shall be on standard forms used for public projects (RCW 39.08.010) and as directed by the KCDA member. Performance and Payment bonds for KCDA members outside Washington must be provided by companies licensed to provide bonds for public entities in the member's state. Licenses: The prime contractor shall possess and maintain in current status all federal, state, and local licenses, bonds, and permits required for the performance and delivery of any and all products and services offered in its response to the bid solicitation. Before submitting a bid, Bidders must hold a current, valid contractor's license as required in Washington. The contractor's license must be in the name of the legal entity submitting and signing the bid. A Bidder may not substitute a contractor's license held by a subcontractor or joint venture. Bidders submitting bids in Washington State without a valid contractor's license in the name of the Bidder are in violation of RCW 18.27.020. It is the responsibility of the prime contractor to ensure any subcontractors performing under this contract hold and maintain appropriate licenses. KCDA reserves the right to request copies of licenses at any time during the contract. Copies of licenses, upon request, must be submitted to the member prior to performing the work. The Contractorr agrees to keep and ensure subcontractors keep any required license, permit or bond current and in compliance with Washington rules, regulations and statutes, as well as in states outside Washington in which contractor performs work under this contract. For work performed for any Washington State school district, public agency or municipality, the Contractor must comply with the bidder responsibility requirements of RCW 39.04.350 prior to the KCDA member awarding a contract. The contractor must verify the responsibility of all subcontractors used in accordance with RCW 39.06.020. • Permits: The acquisition of all permits as well as any drawings needed to obtain those permits is the responsibility of the successful Contractor/Bidder. • Certificate of Insurance: A certificate of insurance demonstrating current coverage of the types and amounts of insurance required by KCDA and the KCDA member must be provided to the KCDA member prior to performance of any work. In addition, the Commercial General Liability policies must be endorsed to name KCDA and the KCDA member as additional insureds. Such policies must be further endorsed to provide that the insurance is primary as respects KCDA and the KCDA member, and that any other insurance maintained by KCDA and the KCDA member shall be excess and not contributing insurance with the Contractor's insurance. These endorsements must be provided along with the certificate of insurance. The KCDA member must both approve the certificate of insurance and endorsements. • Acceptable Pricing Method: KCDA is unable to accept Alternative Costing Method quotations except in certain limited instances, (i.e. sole source) in which KCDA and Vendor may mutually determine the Alternative Costing Method is acceptable. This will be the exception rather than the rule. RS Means or line item bid pricing is acceptable. • Progress Payments: The Contractor shall be paid, upon submission of a proper Payment Request, the prices stipulated herein for work performed (less deductions, if any), in accordance with all payment and retainage instructions herein. Submitted Payment Requests must contain the following minimum information: a. Contract Number b. Bid item ID, bid quantity, unit, unit price and description as appropriate c. Sales Tax as applicable The Payment Request will be reviewed by the Member before payment is made. If the Member is in disagreement with the Payment Request, KCDA will issue a notice requesting a revised Payment Request. KCDA, at its discretion, reserves the right to withhold payment on a given project, pending receipt of payment from the customer. In accordance with RCW 51.12,050, KCDA reserves the right to deduct from the payment any outstanding industrial insurance premiums owed by the Contractor or Subcontractors. • Payment Retainage: In accordance with RCW 60.28 contract retainage [not to exceed five percent of the moneys earned by the contractor toward completion of a public improvement contract ] shall be withheld and reserved in one of two ways: a. As a trust fund for the protection and payment of 1) the claims of any person arising under the contract, and 2) the state with respect to taxes imposed pursuant to Titles 50, 51 and 82 RCW which may be due from such contractor. Upon completion of a contract, the member agency shall notify the Department of Revenue, the Employment Security Department, and the Department of Labor and Industries of the completion of contracts over one hundred fifty thousand dollars. KCDA will issue payment on the retainage amount forty-five days after notice from the KCDA Member Agency that the contract has been accepted as complete or upon receipt of all necessary releases, whichever is later. b. Option of Providing retain age bond for the full amount of the retainage {5% of the „contract amount with a performance bond). This bond is separate from the performance bond under RCW 39,08.10. Providing a retainagebond .means no retainage is withheld. If you choose to provide a retainage bond a copy of the bond must be submitted. I. PRICING IFB - The bidder shall submit pricing on the Pricing Pages included or on Attachment B in this IFB. Vendor bid pricing shall include a 2% administrative fee on all line items and charges. The administrative fee must be part of the bid price. If you are bidding a catalog price less a discount, make sure the administrative fee is included in the net price to the member agency. Pricing must include the 2% KCDA service fee so the service fee is invisible to KCDA members. For all Sport Court Field Lighting and Services, pricing may be by line item or discount off manufacturer price list (Attachment B). Accessories and materials may be from other manufacturers or sources, but must be identified and priced in the IFB response either by item or via catalog discount. On the pricing sheet, list and group accessories and materials by manufacturer for ease of identification. Respondents will choose only one pricing method to be used per manufacturer. Alternative pricier methods shall be addressed in Attachment B. Proposals received that provide both for _a_single manufacturer will be found non -responsive. Fixed prices shall be firm until each anniversary date of contract, unless there is an occurrence of one or more economic price adjustment contingencies outlined in the bid. If price adjustment contingencies occur, or not less than ninety (90) days prior to each contract anniversary date, awarded vendor may submit a fully documented request for price adjustment to KCDA. The documentation must substantiate that any requested price increase was clearly unpredictable at the time of bid submittal and results from an increased cost to awarded vendor that was out of awarded vendors control. KCDA will review requests for fixed price adjustments to determine if the new prices or another option is in member agencies' best interests. If accepted, new fixed prices shall apply to the contract upon approval from KCDA. Price changes shall be a factor in contract renewal. The awarded vendor agrees that the cost for any item bid on this contract may vary by state due to specific requirements or other jurisdictional impacts. If the overall cost is discounted or lowered for any member agency, however, the cost will be similarly lowered or discounted at the same time for all member agencies for the same scope, size and value. (If a KCDA member agency proposes to purchase a large volume of one product at one time and the awarded vendor agrees to provide an additional discount, that same volume discount would be available to any KCDA member agency.) It is understood and agreed upon between Bidder and KCDA that the Bidder's pricing does not include the cost for any site specific conditions or requirements. Site specific requirements shall be addressed on a case by case basis at the time the order is placed. Any additional cost(s) are to be priced by methods designated under "Options, or by RS Means, as indicated in bidder's response to this solicitation. J. FUNDING OUT CLAUSE Any acquisition agreement with a KCDA member agency that exceeds one (1) year shall include a standard "funding out" clause. Such an acquisition is a commitment of the entity's current revenue only, provided the agreement contains either or both of the following provisions: 1. Retains to the entity the continuing right to terminate the contract at the expiration of each budget period during the term of the agreement. 2. Conditioned on a best efforts attempt by the entity to obtain appropriate funds for payment of the acquisition. K. AUTHORIZED DEALERS/VENDOR PARTNERS The bidder must secure from the manufacturer, if the bidder is not the manufacturer, a written guarantee executed by the manufacturer that the bidder is an authorized dealer of that manufacturer. This can be submitted as a Manufacturers Guarantee/Manufacturers Certificate, or a statement on the manufacturer's letterhead with corporate acknowledgement. Failure to provide will result in award disqualification for that manufacturer. Bidder may propose a network of authorized dealers/vendor partners through whom the bidder intends to perform the contract. Member agencies may be directed to bidders network of authorized dealers/vendor partners for Integrated Systems and Critical Communications, however the awarded vendor shall be responsible for the actual job performance of each and every authorized dealer/vendor partner. This includes, but is not limited to proper ordering process and reporting, or submittal of 2% service fee. Unresolved problems with the authorized dealer/vendor partner may be referred to the awarded vendor for resolution. Bidders are to identify and list each of the authorized dealers/vendor partners they intend to involve in contract performance. Awarded vendor must be capable of replacing authorized dealers/vendor partners found unsuitable to participate in performance on the KCDA contract, and establish new authorized dealers/vendor partners in a timely manner. During the contract period, the awarded vendor or purchasing agent may remove an authorized dealer/vendor partner from the list of those designated to this contract at any time without further explanation or process. The awarded vendor may propose authorized dealer/vendor partner additions for consideration at any time throughout the contract provided; • The request is in writing on awarded vendors letterhead. • It is filed with the Purchasing Agent a minimum of 30 calendar days before the effective date of the proposed change; • It clearly identifies the authorized dealers/vendor partners involved in the change; It is accompanied by documentation acceptable to the Purchasing Agent sufficient to warrant the change. L. AWARD 1. Evaluation It is the intent of KCDA to award a manufacturer's complete line of products based on the specifications provided when possible and advantageous. KCDA expects to award to the lowest responsive and responsible bidder per unique manufacturer specifications that meet IFB terms, conditions, and criteria specified. An award is at the sole discretion of KCDA. KCDA reserves the right to reject any or all proposals, accept the proposal(s) that are deemed most advantageous for KCDA member agencies, and waive any irregularities in the solicitation process. Awarded vendors will be required to turn in updated specifications for the manufacturers awarded. The following criteria will be used in evaluating responses to this IFB. An award is anticipated to be made to a bidder with the highest rating per manufacturer product line. Subsequently, multiple awards may be made. Evaluation Criteria and Weight Proper submission of proposal 10 Comprehensiveness of product and 10 services provided Related Experience 15 Pricing 50 Presentation of full and complete product offering that can meet 15 variety of member agencies requirements/timeline. TOTAL POSSIBLE POINTS 100 Clarification and/or Discussions Clarification of a response may be necessary. KCDA will communicate with the bidder(s) for the purpose of eliminating minor errors, clerical errors, and/or irregularities. Clarification is accomplished by explanation or substantiation, either in response to an inquiry from KCDA or an inquiry initiated by a bidder. Clarification does not give a bidder the opportunity to revise, change or modify their response in any way. Discussion takes place after the initial receipt of proposals. KCDA reserves the right to conduct discussions with bidders whose responses are determined to be reasonably inclined toward receiving a contract award. Discussion may occur when oral or written communications between KCDA and the bidder are conducted for the purpose of clarifying information to determine the acceptability of a response. KCDA will not assist the bidder in bringing the bidder's response to the same level of other responses received by KCDA. Further, KCDA will make no indication of pricing or other information received from other bidders. Competitive Range; KCDA reserves the right to establish a competitive range of acceptable responses as part of the evaluation process as defined herein. Responses below the competitive range will be determined to be unacceptable and will not receive further consideration. M. ORDER PROCESS & REPORTING The awarded vendor must verify that a customer is a KCDA member. A current list of member agencies is posted on the KCDA website under the KCDA Membership tab. If the awarded vendor's customer is not posted on the KCDA website, the awarded vendor must verify membership with the KCDA Contract Specialist. If the customer is not a member agency, but is eligible to become a member agency, the Contract Specialist will give the awarded vendor's customer instructions regarding the membership process. The awarded vendor will submit a signed and dated proposal or quote to a KCDA member agency in accordance with the pricing awarded under this IFB. All _Integrated Systems and Critical Communications purchased must include the KCDA 2% service fee as a part of the price to the member agancy. Do not fist the 2% as a separate line item. The awarded vendor must specifically state the KCDA IFB name & number on the proposal to the KCDA member agency. The proposal must identify the member agency contact name, e-mail address and phone number for the person responsible for approving the purchase. This information is critical and if not provided may be grounds for delaying the processing of the order as well as eventual payment to vendor. 3. The awarded vendor will e-mail KCDA a copy of the proposal submitted to the member agency . KCDA will review, evaluate and approve the order via e-mail within 48 hours, provided that adequate information has been given for the Contract Specialist. The Contract Specialist will request additional information, such as scope of work and item/part number along with pricing for each line item if needed. Failure to provide adequate evaluation information may result in delay of approval by Contract Specialist 4. KCDA members PO must be made out to KCDA. 5. KCDA will create Purchase Order to the vendor authorizing the vendor to proceed with the order. 6. A copy will be kept on file at KCDA. 7. Services must not commence using the KCDA contract without a Purchase Order from KCDA. 8. Orders processed against this contract with Vendor customers who are not KCDA members or without a purchase order from KCDA are in violation of the contract. Vendors not following proper procedures may be removed from consideration for future awards. 9. KCDA will be billed by the vendor and KCDA will invoice the customer at the bid price. The vendor will pay KCDA the 2% administrative fee on the total invoice price, not including sales tax. KCDA will coordinate with the successful bidder(s) one of the following payment methods for the 2% fee: • KCDA will invoice vendor in 2 month intervals for the amount of service fees accumulated in that period; • KCDA will deduct the 2% fee from the vendor's respective invoice at time of payment; • Vendor will establish a rebate program to report sales and track the service fee, making remittance to KCDA at negotiated intervals. KCDA reserves the right to revise the ordering process above at their sole discretion if deemed necessary for contract management or audit purposes. An implementation for change will be coordinated with the vendor. N. CHRISTIAN DOCTRINE Any federal, state and local governing authority's/jurisdiction's statutes, codes, rules and regulations referenced and/or govern the products, services and activities relating to and are part of this solicitation, whether or not physically noted or included, shall be complied with and adhered to as required. It is sole responsibility of the Bidder to perform and complete any necessary research and investigation required to make themselves aware of and comply with this item. Signature ell last be some signature that appears on Bid Affidavit and Acceptance Forms EXHIBIT A BIDDER RESPONSIBILITY FORM (Contractor's Qualifications) Bid #19-406 The information provided in this form is part of the KCDA's inquiry concerning bidder responsibility. Please print clearly or type. If you need more space, use plain paper. Company Name _Musco Sports Lighting, Address: 100 15t Ave West, PO Box 808, Oskaloosa, Iowa 52577, Payment Address PO Box 808, Oskaloosa, Iowa 52577 Contact Telephone No. (800 ) 825-6030 Contact Person for this Bid: Amanda M.Hu Contact Address: 1001s` Ave West, PO Box 808, Oskaloosa, Iowa 52577 State of WA Department of Electrical MUSCOSL888BD Licensing Contractor's Registration No. _General CC01MUSCOSL992JB State of WA UBI Number 602 091 State of WA Department of Employment Security No. _ Washington State Excise Tax Registration No. _602091682 Federal Tax ID Number 42-15117 DUNS Number 135259 "Please provide a current copy of Certificates of Insurance. Number of years the Contractor has been engaged in the business under the present company name, as indicated above _ 17 years as Musco Sports Lighting, LLC & the 2S prior years as Musco Sports Lighting, Inc References: KCDA may conduct reference checks during considerations for award. In the Event that information obtained from the reference checks reveals concern about the bidder's past performance on projects identified as meeting the bidder qualification requirements or their ability to successfully perform the work, KCDA may determine that the bidder is not a responsible bidder. In conducting reference checks, KCDA may include itself or other government agencies and businesses as a reference if the bidder has performed the work, even if the bidder did not identify these sources as a reference. List any major projects of similar nature which have been completed by or supervised by the Contractor within the last 5 years and the gross dollar amount of each project. Name of project Bellevue High School Mercer Island HS FB Stewart Field Steve Cox Park Amount Owner $652,773 Bellevue School District $420,423 Mercer Island School District $369,378 Aderdeen School District Phone ff Jack McLeod 425-456-4501 Tony Kuhn 206-730-5039 Alan Gozart 360-532-0980 $445,809 King County Tri Ong 206-477-3591 ve DAT (M 6ID2DDNBYYY) CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDMONAL INSURED provisions or be endorsed. It SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Services Central, InC, Omaha NE office CONTACT NAME: o (402) 697-1400 PAK (402) 697-0017 A.NO•EKII: A!C-No.: E-MAIL ADDRESS: 11213 Davenport Suite 201 INSURER(S) AFFORDING COVERAGE NAIC # Omaha NE 68154 USA INSURED INSURER A: Sentry insurance A Mutual Company 24988 Musco Sports Liqhtinq, LLC c/o Musco Corporation 100 1st Ave W INSURERB: Sentry Casualty Company 28460 INSURER C: Travelers Property Cas Co of America 25674 Oskaloosa IA 52577 USA INSURERD: Nautilus insurance Company 17370 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 57007U92HUU33 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER10D INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested LTR TYPE OF INSURANCE INSO WVD POLICY NUMBER POLIDCD( yyy MM+aD YY LIMITS X COMMERCIALGENERALLIABILITY 9016MO4i EACH OCCURRENCE $1,000,000 CLAIMS -MADE LM OCCUR -10 RENTED PRFMISFSEa occurrence) $300, 000 MED EXP (Any one person) $10 , 000 PERSONAL & ADV INJURY $1, 000 , 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $2,000,000 POLICY F_X] PRO [ X] LOC JECT PRODUCTS - COMPIOP AGG $2,000,000 OTHER: A AUTOMOBILE LIABILITY 901687703 07/01/2018 07/01/2019 COMBINED SINGLE LIMIT Fa acrid. s $1, 000, 000 BODILY INJURY ( Per person) AUTO BODILY INJURY(Per accident) IANY OWNED SCHEDULED AUTOS ONLY AUTOSHIREDAUTOS X NON -OWNED ONLY AUTOS ONLY PROPERTYDAMAGE Per acciden C X X OCCUR ZIIP61M9917718NF 07/01/2018 0710l/2019 EACH OCCURRENCE AGGREGATE S25,000,000 �EIA CLAIMS -MADE ION 410, 000 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR I PARTNER I EXECUTIVE (' 901687701 07/01/2018 07/Ul/2U19 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $1, 000 , 000 OFFICERIMEMBER EXCLUDED? N (Mandatory in NH) N I A EL. DISEASE -EA EMPLOYEE S1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E. L DISEASE -POLICY LIMIT $1, 000, 000 D Archit&Eng Prof PCADN50044250718 07/01/2018 07/01/2019 Archi&Eng Prof $5,000,000 SIR applies per policy tens & condi ions SIR/Deductible $250,000 Aggregate 15,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD lei. Additional Remarks Schedule, may be attached if more space is required) Re: Cooperative Purchase Agreement. King County Director's Association and its members are included as Additional insured in accordance with the policy provisions Df the General Liability PoliCy. General Liability evidenced herein is Primary and Non -Contributory to other insurance available to an Additional insured, but only in accordance with the policy's provisions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. King County Director S Association AUTHORIZED REPRESENTATIVE 18639 80th Ave. South Kent WA 98032 USA @1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SENTRY INSURANCE A MUTUAL COMPANY STEVENS POINT WISCONSIN (A PARTICIPATING MUTUAL COMPANY A MEMBER OF THE SENTRY FAMILY 0� INSURANCE COMPANIES COMMERCIAL GENERAL LIABILITY NAMED INSURED ENDORSEMENT EFFECTIVE POLICY NUMBER MUSCO CORPORATION 07-01-18 90-16877-04 ADDITIONAL INSURED - OWNERS z LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE +-----------------------------------------------------------------------+ (NAME OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATIONS) +-----------------------------------------------------------------------+ JANY & ALL OWNERS, LESSES OR CONTRACTORS �LOCATION(S) OF COVERED OPERATIONS +----------------------------------------------------------------------'+ ANY AND ALL PROJECTS FOR WHICH THE CONTRACT REQUIRES COVERAGE FOR COMPLETED OPERATIONS +---------------------------------------------------------------------- IInformation required to complete this Schedule, if not shown above, will be shown in the Declarations. +--------------------------------------------------------------------- -+ CG 20 10 04 13 Copyright, Insurance Services Office, Inc., 2012 MUS 90-16877-04 01 181 07-11-18 PAGE 001 of 002 #03 ADDITIONAL INSURED - OWNERS z LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION - CONTINUED A. Section II - WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or personal and advertising injury" caused, in whole or in part, y: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of has been completed; or the covered operations 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III - LIMITS OF INSURANCE: If coverage provided to the additional insured is rep fired by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance. 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 10 04 13 Copyright, Insurance Services Office, Inc., 2012 MUS 90-16877-04 01 181 07-11-18 PAGE 002 of 002 0000 MU - 25-Year Product Assurance & Warranty Program Musco Sports Lighting, LLC will provide all materials and labor to maintain operation of your lighting system to original design criteria for 25 years, or until maximum hours of coverage have accumulated, whichever comes first. Musco products and services are guaranteed to perform on your project as detailed in this document. Light Average illumination levels are guaranteed as described in the Project Details on the following page. Musco will electronically monitor luminaire operation and operating hours, and will group re -lamp if applicable. Individual luminaire outages that occur during the warranty and maintenance period are repaired when the usage of any field is materially impacted. If actual usage exceeds the maximum hours of coverage, the customer will be required to pay an additional fee in order to maintain the warranty to the end of 25 years. Energy Consumption Average and maximum energy consumptions for your lighting system are guaranteed. Exhibit A provides a 25-year energy cost model based upon the customer provided utility rate and anticipated hours of usage. Changes in rates or usage will proportionately change the costs. Monitoring, Maintenance and Control Services Musco shall monitor the performance of your lighting system, including on/off status, hours of usage and lamp outages. If fixture outages that affect playability are detected, Musco will contact you and proactively dispatch technicians. On -off control of your lighting system is provided via an easy -to -use web site scheduling system, phone, fax, or email. Our trained Control -Link CentralTM service center staff is available toll -free 24/7. Regular usage reports are always available on Control -Link Central's web site. Spill Light Control Spill light readings at identified locations are guaranteed to be controlled to the values provided in Musco s design documents for your project, shown in Exhibit B. Structural Integrity Your project has been designed to Structural integrity of equipment manufactured by Musco is guaranteed. Musco has a team of people to ensure fulfillment of our product and services warranty (Exhibit C) and maintains financial reserves dedicated to support our fulfillment of this warranty. Please keep this document as your signed contract guaranteeing comprehensive service for the 25 year period. -Page 1 of 3 - ©2005, 2017 Musco Sports lighting, LLC • M,1291anUS-10 @2005. 20W Wwo Sports Lighting, LLC • M-1291—U&10 mus . 0000 � � r 25-Year Product Assurance & Warranty Program Terms and Conditions Service under this Contract is provided by Musco Sports Lighting, LLC ("Musco") or an authorized servicer approved by Musco. Services performed under this Contract shall consist of furnishing labor and parts necessary to restore the operation of the Covered Product(s) to original design criteria provided such service is necessitated by failure of the Covered Product(s) during normal usage. This Contract covers Product(s) consisting of Musco's Total Light Control —TLC for LEDTM or Green Generation Lighting® with Control -Link@ and any additional Musco manufactured product as listed on page 2. "We", "us" and "our" mean Musco. "You" and "your" mean the purchaser of the Covered Product(s). No one has the authority to change this Contract without the prior written approval of Musco. Musco shall not assume responsibility for their agents or assignees other than as described below. If there is a conflict between the terms of this Contract and information communicated either orally or in writing by one or more of our employees or agents, this Contract shall control. Additional Provisions 1. Availability of Service: Control -Link Central operators shall be available 24/7 via web site, phone, fax, or email. Maintenance service specialists shall be available 8AM to 5PM Central Time, and services shall be rendered during these same hours in your local time zone, Monday through Friday (with the exception of national holidays). Hours of operation are subject to change without notice to you. Musco will exercise all reasonable efforts to perform service under this Contract, but will not be responsible for delays or failure in performing such services caused by adverse weather conditions, acts of any government, failure of transportation, accidents, riots, war, labor actions or strikes or other causes beyond its control. 2. Determination of Repairs: Musco will utilize the field monitoring system and any information provided by the customer to determine when the usage of the field is materially impacted. From this information, Musco will determine needed repair and/or replacement of Covered Product(s) and parts. Repair will be with product(s) of like kind and quality. 3. Your Requirements Under this Contract: You must meet all electrical and installation requirements as specified by the manufacturer. In addition, you promise and assure: full cooperation with Musco, Musco's technicians and authorized servicers during telephone diagnosis and repair of the Covered Product(s); reasonable accessibility of the Covered Product(s); a non- threatening and safe environment for service. You agree to check fuses and to replace fuses as needed. Musco provides spare fuses in the lowest alpha -numeric numbered enclosure. Musco will replenish spare fuses used. You agree to keep your control system online. This means keeping the required control voltage to the control system at all times. Any deviation from this practice must be discussed with Musco's Warranty Department. 4. Service Limitations - This Contract does not cover: Maintenance, repair or replacement necessitated by loss or damage resulting from any external causes such as, but not limited to, theft, environmental conditions, negligence, misuse, abuse, improper electrical/power supply, unauthorized repairs by third parties, attachments, damage to cabinetry, equipment modifications, vandalism, animal or insect infestation, physical damage to Covered Products parts or components, failure of existing structures, supporting electrical systems or any non-Musco equipment, or acts of God/ nature (including, but not limited to: earthquake, flood, tornadoes, typhoons, hurricanes or lightning). 5. Contract Limitations: a. EXCLUSIONS FROM COVERAGE: IN NO EVENT WILL MUSCO BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHICH INCLUDE, BUT ARE NOT LIMITED TO, ANY DELAY IN RENDERING SERVICE OR LOSS OF USE DURING THE REPAIR PERIOD OF THE COVERED PRODUCT(S) OR WHILE OTHERWISE AWAITING PARTS. b. Limitation of Liability: To the extent permitted by applicable law, the liability of Musco, if any, for any allegedly defective Covered Product(s) or components shall be limited to repair or replacement of the Covered Product(s) or components at Musco's option. THIS CONTRACT IS YOUR SOLE EXPRESS WARRANTY WITH RESPECT TO THE COVERED PRODUCT(S). ALL IMPLIED WARRANTIES WITH RESPECT TO THE COVERED PRODUCT(S) INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY EXCLUDED. c. For the purposes of and by your acceptance of this Contract you acknowledge and agree that if a surety bond ("Bond") is provided the warranty and/or maintenance guarantee provided for in this Contract and any corresponding liability on behalf of the issuing surety under the Bond is limited to the first twelve (12) months of said warranty and/or maintenance guarantee coverage period. Any warranty and/or guarantee coverage period in excess of said initial 12 month period does not fall within the scope of the Bond and shall be the sole responsibility of Musco. d. Musco requires reasonable access for a crane or man lift equipment to service the lighting system. Musco will not be responsible for damage from operating the vehicle on the property when the equipment is operated in the prescribed manner over the designated access route. e. Obsolescence or Environmental Restrictions: If during any maintenance or other work performed under this Warranty, any of the parts of the Covered Product(s) are found to be either obsolete, no longer available, or prohibited by any state of federal agency, Musco shall replace said parts with comparable parts and materials with equal operating characteristics solely at Musco's discretion. The cost of replacement of any obsolete cellular related technology shall be borne by you. Prior to completing any such work, Musco shall notify you of the cost (if any) you will incur in the replacement of such parts under this section. 6. Transfer and Assignment: Except to owners, you shall not have the right to assign or otherwise transfer your rights and obligations under this Contract except with the prior written consent of Musco; however, a successor in interest by merger, operation of law, assignment or purchase or otherwise of your entire business shall acquire all of your interests under this Contract. 7. Governing Law: Unless otherwise governed by applicable state law, the Contract shall be interpreted and enforced according to the laws of the State of Iowa. 8. Subrogation: In the event Musco repairs or replaces any Covered Product(s), parts orcomponents due to any defectforwhich the manufacturer or its agents or suppliers may be legally responsible, you agree to assign your rights of recovery to Musco. You will be reimbursed for any reasonable costs and expenses you may incur in connection with the assignment of your rights. You will be made whole before Musco retains any amounts it may recover. Signature: Vice President of Sales - Page 3of3- ©2005, 2017 Musco Sports Lighting, LLC • M-1291-U5-10 0000 mus v �aTM 10-Year Product Assurance & Warranty Program Musco Sports Lighting, LLC will provide all materials and labor to maintain operation of your lighting system to original design criteria for 10 years, or until maximum hours of coverage have accumulated, whichever comes first. Musco products and services are guaranteed to perform on your project as detailed in this document. Light Average illumination levels are guaranteed as described in the Project Details on the following page. Musco will electronically monitor luminaire operation and operating hours, and will group re -lamp if applicable. Individual luminaire outages that occur during the warranty and maintenance period are repaired when the usage of any field is materially impacted. If actual usage exceeds the maximum hours of coverage, the customer will be required to pay an additional fee in order to maintain the warranty to the end of 10 years. Energy Consumption Average and maximum energy consumptions for your lighting system are guaranteed. Exhibit A provides a 10-year energy cost model based upon the customer provided utility rate and anticipated hours of usage. Changes in rates or usage will proportionately change the costs. Monitoring, Maintenance, and Control Services Musco shall monitor the performance of your lighting system, including on/off status, hours of usage, and lamp outages. If fixture outages that affect playability are detected, Musco will contact you and proactively dispatch technicians. On -off control of your lighting system is provided via an easy -to -use web site scheduling system, phone, fax, or email. Our trained Control -Link Central TM service center staff is available toll -free 24/7. Regular usage reports are always available on Control -Link Central's web site. Spill Light Control Spill light readings at identified locations are guaranteed to be controlled to the values provided in Musco's design documents for your project, shown in Exhibit B. Structural Integrity Your project has been designed to Structural integrity of equipment manufactured by Musco is guaranteed. Musco has a team of people to ensure fulfillment of our product and services warranty (Exhibit C) and maintains financial reserves dedicated to support our fulfillment of this warranty. Please keep this document as your signed contract guaranteeing comprehensive service for the 10 year period. - Page 1 of 3 - ©2005, 2017 Musco Sports Lighting, LLC M-1297—US-6 [fin�lil�Jf1Vi111�1i{4`MiRiYRrAF$lnnS:kS�Y�l:kpifAlJrJrYiB:Rx'uul:�ii:lid?2��ihl,'#A11Ys}k:BSYiii1�"Y8S4;�i�,YY41�+�%IS►!iYiuA:Nu�i�S�d'fii[.A'.71}'ilSilllYfAl�iA;7f±�:A14iS�lii7TiS:l�dl:i'�fM1S�L''�7ci'����'sNY�4�'SDI;�wlilit�P�7µ'AW'i�:LVi11�:ii��+A€A 0000 /0", 1 [i mus ,' 10-Year Product Assurance & Warranty Program } Project Details ..� Project Name: Project Number: Owner: City: State: Covered Product(s): Date Issued: = r Expiration: or maximum hours of coverage noted below, whichever occurs first Total Average kW per hour: Total Maximum kW per hour: ' Musco products and services are guaranteed to perform on your project as follows: } Estimated Average Total Annual/10- Maximum Fixture Target Uniformity Relamps Year Estimated Hours of Field/Zone Quantity Lamp Type Light Level Max/Min Included Usage Hours Coverage A r'1 L Page 2 of 3 - 02005, 2017 Musco Spods Lighling, LLC M-1297—US-6 0000 mus ,r /P * t "a P% •4 10-Year Product Assurance & Warranty Program Terms and Conditions Service under this Contract is provided by Musco Sports Lighting, LLC ("Musco") or an authorized servicer approved by Musco. Services performed under this Contract shall consist of furnishing labor and parts necessary to restore the operation of the Covered Product(s) to original design criteria provided such service is necessitated by failure of the Covered Product(s) during normal usage. This Contract covers Product(s) consisting of Musco's Total Light Control — TLC for LED'" or Green Generation Lighting& with Control -Links and any additional Musco manufactured product as listed on page 2. ..We", "us," and "our' mean Musco. "You" and "your' mean the purchaser of the Covered Product(s). No one has the authority to change this Contract without the prior written approval of Musco. Musco shall not assume responsibility for their agents or assignees other than as described below. If there is a conflict between the terms of this Contract and information communicated either orally or in writing by one or more of our employees or agents, this Contract shall control. Additional Provisions 1. Availability of Service: Control -Link Central"' operators shall be available 24/7 via web site, phone, fax, or email. Maintenance service specialists shall be available 8AM to 5PM Central Time, and services shall be rendered during these same hours in your local time zone, Monday through Friday (with the exception of national holidays). Hours of operation are subject to change without notice to you. Musco will exercise all reasonable efforts to perform service under this Contract, but will not be responsible for delays or failure in performing such services caused by adverse weather conditions, acts of any government, failure of transportation, accidents, riots, war, labor actions or strikes or other causes beyond its control. 2. Determination of Repairs: Musco will utilize the field monitoring system and any information provided by the customer to determine when the usage of the field is materially impacted. From this information, Musco will determine needed repair and/or replacement of Covered Product(s) and parts. Repair will be with Product(s) of like kind and quality. 3. Your Requirements Under this Contract: You must meet all electrical and installation requirements as specified by the manufacturer. In addition, you promise and assure: full cooperation with Musco, Musco's technicians and authorized servicers during telephone diagnosis and repair of the Covered Product(s); reasonable accessibility of the Covered Product(s); a non- threatening and safe environment for service. You agree to check fuses and to replace fuses as needed. Musco provides spare fuses in the lowest alpha -numeric numbered enclosure Musco will replenish spare fuses used. You agree to keep your control system online. This means keeping the required control voltage to the control system at all times. Any deviation from this practice must be discussed with Musco's Warranty Department. 4. Service Limitations — This Contract does not cover: Maintenance, repair, or replacement necessitated by loss or damage resulting from any external causes such as, but not limited to, theft, environmental conditions, negligence, misuse, abuse, improper electrical/power supply, unauthorized repairs by third parties, attachments, damage to cabinetry, equipment modifications, vandalism, animal or insect infestation, physical damage to Covered Product(s) parts or components, failure of existing structures, supporting electrical systems or any non-Musco equipment, or acts of God/ nature (including, but not limited to: earthquake, flood, tornadoes, typhoons, hurricanes, or lightning). 5. Contract Limitations: a. EXCLUSIONS FROM COVERAGE: IN NO EVENT WILL MUSCO BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHICH INCLUDE, BUT ARE NOT LIMITED TO, ANY DELAY IN RENDERING SERVICE OR LOSS OF USE DURING THE REPAIR PERIOD OF THE COVERED PRODUCT(S) OR WHILE OTHERWISE AWAITING PARTS. b. Limitation of Liability: To the extent permitted by applicable law, the liability of Musco, if any, for any allegedly defective Covered Product(s) or components shall be limited to repair or replacement of the Covered Product(s) or components at Musco's option. THIS CONTRACT IS YOUR SOLE EXPRESS WARRANTY WITH RESPECT TO THE COVERED PRODUCT(S). ALL IMPLIED WARRANTIES WITH RESPECT TO THE COVERED PRODUCT(S) INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY EXCLUDED. c. For the purposes of and by your acceptance of this Contract you acknowledge and agree that if a surety bond ("Bond") is provided the warranty and/or maintenance guarantee provided for in this Contract and any corresponding liability on behalf of the issuing surety under the Bond is limited to the first twelve (12) months of said warranty and/or maintenance guarantee coverage period. Any warranty and/or guarantee coverage period in excess of said initial 12 month period does not fall within the scope of the Bond and shall be the sole responsibility of Musco. d. Musco requires reasonable access for a crane or man lift equipment to service the lighting system. Musco will not be responsible for damage from operating the vehicle on the property when the equipment is operated in the prescribed manner over the designated access route. e. Obsolescence or Environmental Restrictions: If during any maintenance or other work performed under this Warranty, any of the parts of the Covered Product(s) are found to be either obsolete, no longer available, or prohibited by any state of federal agency, Musco shall replace said parts with comparable parts and materials with equal operating characteristics solely at Musco's discretion. The cost of replacement of any obsolete cellular related technology shall be borne by you. Prior to completing any such work, Musco shall notify you of the cost (if any) you will incur in the replacement of such parts under this section. 6. Transfer and Assignment: Except to owners, you shall not have the right to assign or otherwise transfer your rights and obligations under this Contract except with the prior written consent of Musco; however, a successor in interest by merger, operation of law, assignment or purchase or otherwise of your entire business shall acquire all of your interests under this Contract. 7. Governing Law: Unless otherwise governed by applicable state law, the Contract shall be interpreted and enforced according to the laws of the State of Iowa. 8. Subrogation: In the event Musco repairs or replaces any Covered Product(s), parts or components due to any defect for which the manufacturer or its agents or suppliers may be legally responsible, you agree to assign your rights of recovery to Musco. You will be reimbursed for any reasonable costs and expenses you may incur in connection with the assignment of your rights. You will be made whole before Musco retains any amounts it may recover. Signature: - Page 3 of 3 - Vice President of Sales ®2005, 2017 Musco Sports Lighting, LLC M-1297-US-6 The flexible and affordable way to finance your lighting project today Make your project happen The municipal lease -purchase program, offered by Musco Finance—, provides the funding opportunity many public entities need for facility improvements such as sports lighting. The program provides a flexible, cost-effective means of funding essential renovations and, in many areas, may eliminate much of the time and expense associated with selling bonds for a project. A known set expense can be budgeted annually; freeing you from budget uncertainties and lowering cash flow impact. Start seeing the benefits now • Added revenue from expanded use of your facility can help make next year's payment • Lower energy and operating costs with upgraded, energy -efficient Musco systems • Avoid inflationary pressures by completing your project at current prices The program makes funding easy • No down payment required • No payments for up to one year • Fund up to 100% of project costs, including installation • Low, fixed interest rates • Flexible payment schedules with terms of up to 10 years • No bond election, simply an agenda item for board/council approval • Does not constitute debt or encumber future councils Example of Financing Structure Project total: $100,000 Down payment: $0 Annual payments (5): $23,140 Example based on a 4.95% interest rate. Interest rates are subject to change without notice. Make your recreation dreams a reality now Musco Finance can tailor a funding solution to suit your needs.Your organization can begin to enjoy new lighting at your facility now, and you'll have the peace of mind knowing you have provided a quality system that will last for many years to come. Call 800/825-6020 today to make Q your sports -lighting dreams a reality. muscv L Some restrictions may apply. All financing is subject to credit approval and the completion of mutually acceptable documentation 02005, 2017 Musco Sports Lighting, LLC • M-2108-enUS-7 5. Marketing Plan Musco Sports Lighting, LLC has no agents or dealers authorized to represent the company. Musco Sports Lighting, LLC products must be purchased directly from the company. Musco Sports Lighting, LLC Washington Key Contacts: Following are the key contacts in the Musco organization that can be reached by calling the Musco offices at 1-800-825-6030. Musco's web site, www,musco.com, provides users the ability to locate their state's Musco Sales Representative with their contact information. All are qualified in ensuring the appropriate person(s) from Musco are involved in consulting, estimating, supervising, and managing. Sales: West Regional Sales Manager: John Dindinger (26 years with Musco) Phone: 800-756-1205 Fax: 800-374-6402 Email: John-Dindinger@ musco.com Washington Sales Representative: Tim Butz (23 years with Musco) Phone: 877-927-4777 Fax: 800-374-6402 Email: Tim.Butz@musco.com Washington Sales Representative: Sam Connell (1 year with Musco) Phone: 971-806-0357 Fax: 800-374-6402 Email: Sam.Connell@musco,corrr Washington Project Planning Specialist: Steve Peterson (1 yearwith Musco) Phone: 800-825-6030 Fax: 866-930-6190 Email: Steve.Peterson@musco.com Warranty: Warranty Manager: Jason Thomes (12 years with Musco) Phone: 877-347-3319 Fax: 888-397-8736 Email: warranty@ nusco.com Maintenance: Director of Services: Gary Gordon (25 years with Musco) Phone: 800-825-6030 Fax: 888-397-8736 Email: warranty@cnusco.com OOM muse. Other Support Services: Control -Link Manager: Mike Mason (23 years with Musco) Phone: 877-347-3319 Fax: 888-397-8736 Email: schedule@musco.com Web site: www.control-link.com Contract Administration: Lead Development Manager: Ryan Tighe (13 years with Musco) Phone: 800-825-6030 Fax: 641-672-1996 Email: Musco.Contracts@musco.com Funding Resources Specialist: Amanda Hudnut (19 years with Musco) Phone: 800-825-6030 Fax: 641-672-1996 Email: Musco.Contracts@musco.com In -House Resources: Musco has offices and manufacturing facilities in Oskaloosa, IA and Muscatine, IA. We have a workforce of approximately 1,000 Team Members located in these facilities and regional sales offices conveniently located around the United States of America (AZ, CA, CO, FL, IL, IN, MN, NJ, NC, OH, TX & VA). In addition, we have approximately 200 Team Members located outside the United States of America supporting our manufacturing facilities in Shanghai, China and Gumi, South Korea and multiple sales offices globally. 0CM MUSCM Subcontractors Lantz Electric Chris Edwards 34531 Highway 58 Eugene, OR 97405 Phone: 541-726-0659 Email: chris.d.edwards2comcast.net Lightworks Electric Dennis Muir 20915 SW 105th Avenue Tualatin, OR 97062 Phone: 503-691-2959 Email: dmuir@lightworkseiectric.com MB Electric Mardy Betschart 8410 301h Ave NE #C Thurston, WA 98516 Phone: 360-455-1025 Email:.mardv@mbelectricllc.com Musco Sports Lighting, LLC states each of the aforementioned subcontractor installer(s) are authorized to install Musco's sports lighting equipment as required. Musco Sports Lighting, LLC reserves the right to use other approved subcontractors, with the owners approval. Through the submittal process, the owner has the right to reject any subcontractors not licensed or listed with the local jurisdiction. 0000 Musco. Exhibit B INVITATION FOR BIDS #19-406 Sport Court/Field Lighting BID DUE DATE: January 8,2019 On or Before 10:00 AM PST Subcontractor/Self Performance Form Will you be self -performing 100% of the HVAC, Plumbing and Electrical work? Yes NoX_ If not, what percentage will be performed by sub -contractors? HVAC % Plumbing % Electrical % List the sub -contractors you believe you'll be using during the term of this contract for the trades listed below. This is required for as projects could be awarded valued at $1,000,000 or more. List by state and county. Actual subcontractors to be used will be confirmed to the KCDA member in advance of any awarded project. This is to give KCDA customers the opportunity to review which sub -contractors you may utilize for projects which exceed $1,000,000 or more, in case they should have comments/concerns prior to entering into a project. HVAC Plumbing Electrical Washington Counties Oregon Counties Idaho Counties Montana Counties Alaska Counties Name of Contractor: Musco Sports Lighting, LLC 3. Pricing Pages oom MUSCO. Kinc r: •m0s Uir nlru'r As,wiullun 10d 14ieloa pjd Pit W-406 Manufacimcr: M.-Span Lightin, I1.0 Address: Ilq WA,- WcsL PO Dox MR City, Sute, Zip Code: Oskaloosa, IA 52577 Camacl: Ryan Tighe Plwrte: NO-925-6030 Fax: 641-672-1996 Finail: -Imtlxt:4+nwsah cum Federal ID Y: 42-1511754 Terms: 259E ofcontract piss required with order. Dalmoc due Net 30 da)s upon delisery. All pricy include delivery within the State of Washington Inc the job site and are fa Iighling system rnmerialsdt insullalion per the spectfrcalion of phis bid. Light-Slruclure System with Total Light Control - TLC for LED" All prices inclmks 25 )ear product asw- & -ty program and commis & monitoring, SlrorlsCluster System with Total Light Control -'rLC for LED'm 11Jiliap existing spans Iighling Isles [hit arc emquilihk with Masco's lighting system Inclaks I-LD fi.,,- lumiluire assemblies, elutrical -parent ruhctosure, and wire hara ,- (d-not ineludt pulp) AR itrices incltdc a In.ve4r omdvel assurance & wammv vas u m arxl cnmmh 6 tnnnlMdna.'flie Omunch RM r.m7ann h ronli-11 attest a rho 111- at RUF7THALL Ave Aim fa A Nloe fa T ieM Sin Pok Scrbxk Mailight Uniformity God Grid Points Avg kW per hour R"`rs.0M SW'wck w Maimancd Ilnifnmtily Grid Grid Avg kW per r,;n ra, udv. spwu _ Itael SF-9 shm�.rnc- Il])NrrGi nGIPD Nimtilr- ljghl level SPacing Pdhts (lour sh�.nn.c- IID xlnuYb nL't PD alaarialrW ad lnWWb laudlu. .d amnlm Inuob-M 360' a 160 .50, 304c 2-01 3(Ix30 77 27-60 1186ASR SL18.S)2 50f1 I'll, .10-30 72 4k110 SE59.704 Slgv,Sgi tr0'aI 70' !c 2.5:1 30.30 72 ILM SUM" f[01190 SUh 1 .I 70x30 72 SQ 60 $2914.195 $201.090 3tA' s 160 1f10' 10 fc 2 0:1 3D x 10 tt 3220 S237A25 $151.727 50 fc 20:1 30 x 30 72 SU 60 $32 792 52D21792 5v z 160' 120' 30fc 1-S:I ?11 a 30 72 36 80 S2dOJL7RI SlA5.m I 50 fc 1.4(1:1 1 3t1 a 30 13 I S5,20 I S-k",281 S211,21S rnarre<ude- � r°r erke kr uda- I+:i °• Asemge Gnd s"°°han- Siva Aac Grid Grid Avg kW per s"".rlu- SP'u"IiO1i0,y' Field Site Pole Setbxk Mainoined ligbt 1-1 llniformiry Spxing Grid Points Avg kW Per hour FAn iduta*tr "nlmt.ur"* xtna•di- Mainuined Li Uniformity Spacing Paims Iroul un arunwr �t.aaar xtramals and P� Inadlalm tar gh tl2oel WSW 'marlinW sr- 33Qx200 AO, 10 fc 1.11 30.10 77 27,60 IOMS27 5121120 50 It, 157A 30x30 77 4J.40 523699-9 SJ6d76J 13t6" 50' 30fe 1.63:1 30x20 77 27-60 SlR(^527 SJ21,120 50f. 1.741 30x30 77 4617(1 Sv;;Nl SI761471l 361R710 70' 30 ft 20:! 30x 30 Y4 27�tI SIg6 f37 SI21121) 50 fe 20.1 30z30 84 4600 5219.797 9176.971 360.210 50 10 fc 2.0:1 30 x 30 8d L 20 S22a796 S13UI4 50 ft 2A.1 M.30 84 50 60 3284_115 S1RSS.11 160.225 10, 30 re 2111 30x-10 96 32-M SIK20 Ild-Wl9 50k 20J -V a30 9A SO fn AM957 $1119111; 360s225 54Y V1 r, 70:1 36Da3t2 % 3370 SE70796 SFTTold vt fr 7r" 10x 30 9h 551<- S2Y 964 IM.1I IS DASMAUtSOMBALL. Average A,,,,, Mainuined lighht tt:rfr ride- r""� Meimaincd nn,ra shoal- lSke Ar U-1 Jlnnrun 7l.C- Snr-1 I.ghl Mel S"xorr n.e sT x-la r Field Type Field SiteIPn nnuttxi In IID st"srl n'r Grid Grid Grid Avg kW per �1 GaJ6. MandYiiM t mrlwslur xlihviJt ail bahrl on Uniformity Spacing Grid Points Avg kW per hour pspn Unifannily WSW so� (llths hYl [fnuihll} Spxing Poo,U hour 60'Dase Path 200' 30M fc 20:125:1 20.20 2523 14-98 8139.M S1100,620 SMO fc 20:125-1 20x20 2S/71 2070 SJW77 110"U 60'Rase Pal, 225' 3aw-le 2.(U/2-CI 1 2Ox20 2586 1 19101) S169AS4 S1J7.775 511/-r0 ft 20125,I 3t1Y 2D 1'.% 24.73 SdIL o 5179.S1s 60' tsis .I'ath .191 3W2(lfs' 2.0:Il2.S:l 1 20. M 21v1 til 1 19,97 SI85.196 S7Ef 7 5WM fc 10:I/2.5:1 20.20 25/I I9 27.60 S20a243 S14U53 60'Oase11a1h 300' -XIM fc 20:125:1 20x 20 25/1111 2978 5226M7 1166,449 50/30& 20:1/23:1 20 a20 251191 :1fiRO S260,09.1 91111,080 60'I4se11a1h 379 -1O20 fe 2&AD-S1 20.20 25209 29.90 122UN 1361,11119 50OOfc 2D 1fLU 20s 20 25209 4J.40 522290 SJ$J,7m 90'Rase Path 1M1' Sam fc 2-Q 1125r1 10.30 2523 41-40 S211200d 3194,47.4 7WOfc 20 U2-FI 30sM aW-A fin As JAS%969 S26A.127 .90, 11-Path 325' S0r30fr 2QI2S:1 10x30 25/90 4400 JAK719 S7ist:At7 702501r 2lY.IR.k1 311xV 25M 67. RS S391.3.19 $280535 90'Dase Path 350 51Y30 re 20:125:1 30x 30 25l106 5060 S.121A52 5219795 741KD 1c 20:125-I 10x10 25/106 77.05 S72R146 5105172 90'11-Path 320/3607320 SMO fc 20: 12Y1 30.30 25/100 47.15 $311-96 S2A7,9R1 70/-50 fe 2IlI72SA 30x 10 2-lull 7100 S460.617 A321,d61 90'D.. Pnlh 33W400630 L 5CIM fe 20:125:1 10.30 251121 591110 1 141a920 SnA,217 70/50 fe 20:112 5:11 70x30 2H121 0-1i1 Mum U I 3'M7,4gs Page 1 of 2 1(kir Omu.Lr Ilksrtrn•'s.Assa9afE rn Rid Frlrino lfyl IFII Olt, 'l'IiNN!L4 p Count Merage Mminnined IA& Le e1 Unifonni y Avg kW I_hour tulle W Light. San 11C4AM matodsw WWbas tar Spec nk s spvuClm 3LOMD shells muuut m ipc 2 SO fc 1601 696 1108.9" 579361 3 51111, 1 261'r I S k) $121.106 11I12603 4 50 fc L551.1 I.I.MY SI21.109 SM603 G ,5a fe 1-62,t 9.W 1212.314 1146,dg'f RA",K1'TIIA Lt. - f) V I'1 RION a Coons Asvage Maintained tight ls:ovJ 1•niGvmhr AvgkW per lour P tea b lJaaF suamrenL41�- Much", sN hauitatu P. sate Pd. tw spanaL'lutr nPM)almttah W Ian aIuien lc sPa srl is I st t M1,'k` 5d7.l au <u0 �Nt II ASKF I'll AI.I- • IN1)041R- 10 star trio nerd In twr worm nc Y Cross IJ he Icvel Uniformity AnION per hour IMaur[fm atts,rw and s.WIW 1 '9 ho 1 Y ri.l 5.67 $44,942 Su Ientenlul aliens I— sy.—I ore pr< Iran W'* me -um. -I IS(1 lonninure Lt Riot ]'LC-L1111ie117 rrluudmahe ki to il-C•I.FJ]•d001wu1 14.3" If LC-LED-400 luminaite $2 390 1x W 1 luraboabc 11I,= Crum 4:1, Rarmfn Unit M 950 e_Omrol Ling & Courrala l.antacar Labllet tYneing Ilrchdez (4) 30 amp contactmrs. If projat requires, mate or W e0lttAeTms tior ms In hE .) SUM 2 level IlinsetiAg3108 s I ex1 ftimmitsg Ssyx A. During the term of this conuast, technical upgrades to these products may periodically hacame available aid will he offered as the owner Bidder reserves the tight to supply upgraded techmtbgy provided it maintains on -field lighting pmformar ee. and enhances belteSt B The pricing is based on using h4tsseds Iypical 5700 Kdvir✓75 CRI LED figures. Other Kelvin & CRI LED Timm. combinnlions one available and may add additional con C During the term of this contrast If the Building Cod= Vind Speeds change, Bidder reserves the right to adjust pricing accordingly Quote for bid based an ssnusural eode and wind speed of IBC 2015. 110 mph, Exposure C A [hustle in building code and wind speed will haw a dual effect on the bid price based on pesoentagn Ircrease Al I— price for increasing building code in 10 mph increments ((stud from 110 out State is a value of %over base pricing for code field! 10% per awry 10 mph iattarreltl. D. finum of The ro udatiom, poet and luminaries shall he included in the bid price per the speeifuuior. Installation of the eleetrical system (trenehing, backfill, conduit, wine, eketrical distributeq service cabina(s) and site restoration) will be priced se(wakly on a project by projal basis and will utilim RS Means pricing. coefficient and must also irel de the appropriate City Cost Index. E Manufa Ynress do not have to list electrical aub<antraclons. bow ,the owner her the right m reject through the submittal ptaeas.,fuh-contractors rat licensed or limed with the local jurisdiction P. Alan. pricing include, ddisery and labor for unloading and installation of the equipment per the specification within the Sme of Washingmo Above pricing does nor tuchul. sales tax. G Quote based on shipment of entire projat kWher to one location Delivery time of order, wbndiwl approval, and —11 nation of order details include winge and phase and pale l wion is aplaoximately 4-6 weeks standard chipping it Confirmation of pole k"ims required prior in production, die to the built-in cuuonn light control per lutniusire I. This pricing list should not be considered complete and eahaualive due to the nauncaf each project being a unique, deign -build situation Future Ddi—'— On occasion, KCDA Members will place orders near the cad of tie ronirac, period for delivery afterthe comsacl period has expired. Will your company Iunor tuders placed during the contract period for future ddiw y? No Yes_X_ Yea, but only ifdelivemd before December of the expiring year. Gal of Rtd l:urnt sty Nave- l; 10 ,C signature Page 2 of 2 Signature: Terry Jurg an (NovSO, 22 17:12 PST) Email: tjungman@kentwa.gov Signature: L9- Email: rlashley@kentwa.gov Signature: 8,"c4lv L&=Htl Brian Levenhagen (Dec7, 2 216:05 PST) Email: BJLevenhagen@kentwa.gov King County Director's Association (KCDA) - Cooperative Purchasing Agreement - Musco KMP Lights Final Audit Report Created: 2022-11-30 By: KateLynn Jennings (kjennings@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAA7wLcw7kGXyfvnPOpdMHhuE_fHsUk-qrR 2022-12-08 "King County Director's Association (KCDA) - Cooperative Purch asing Agreement - Musco KMP Lights" History Document created by KateLynn Jennings (kjennings@kentwa.gov) 2022-11-30 - 5:20:09 PM GMT- IP address: 146.129.252.126 Document emailed to tjungman@kentwa.gov for signature 2022-11-30 - 5:23:34 PM GMT Email viewed by tjungman@kentwa.gov 2022-12-01 - 1:08:20 AM GMT- IP address: 146.129.252.126 5 Signer tjungman@kentwa.gov entered name at signing as Terry Jungman 2022-12-01 - 1:12:17 AM GMT- IP address: 146.129.252.126 E= Document e-signed by Terry Jungman (tjungman@kentwa.gov) Signature Date: 2022-12-01 - 1:12:19 AM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Ronald Lashley (rlashley@kentwa.gov) for signature 2022-12-01 - 1:12:22 AM GMT Email viewed by Ronald Lashley (rlashley@kentwa.gov) 2022-12-06 - 7:39:46 PM GMT- IP address: 146.129.252.126 i�jb- Document e-signed by Ronald Lashley (rlashley@kentwa.gov) Signature Date: 2022-12-06 - 9:55:58 PM GMT - Time Source: server- IP address: 146.129.252.126 P-+ Document emailed to blevenhagen@kentwa.gov for signature 2022-12-06 - 9:56:01 PM GMT Powered by r � Adobe T Acrobat Sign KateLynn Jennings (kjennings@kentwa.gov) added alternate signer BJLevenhagen@kentwa.gov. The original signer blevenhagen@kentwa.gov can still sign. 2022-12-06 - 11:15:02 PM GMT- IP address: 146.129.252.126 Document emailed to BJLevenhagen@kentwa.gov for signature 2022-12-06 - 11:15:02 PM GMT Email viewed by BJLevenhagen@kentwa.gov 2022-12-08 - 0:05:11 AM GMT- IP address: 146.129.252.126 E� Signer BJLevenhagen@kentwa.gov entered name at signing as Brian Levenhagen 2022-12-08 - 0:05:53 AM GMT- IP address: 146.129.252.126 E= Document e-signed by Brian Levenhagen (BJLevenhagen@kentwa.gov) Signature Date: 2022-12-08 - 0:05:56 AM GMT - Time Source: server- IP address: 146.129.252.126 Agreement completed. 2022-12-08 - 0:05:56 AM GMT Powered by r � Adobe T Acrobat Sign