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HomeMy WebLinkAboutCAG2023-440 - Original - Daktronics, Inc. - accesso ShoWare Marquee Replacement Project - 05/08/2023 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form Dir Asst: • For Approvals,Signatures and Records Management Dir/Dep: KE N T This form combines&replaces the Request for Mayor's Signature and Contract Cover (Optional) WASHINGTON Sheet forms. Originator: Department: Rhonda Bylin ECD Date Sent: Date Required: c 08/17/2023 n/a CL Director or Designee to Sign. Date of Council Approval: a419teFl6Ea1 AgFeeFReRt Ypleaded t Website0 n/a Budget Account Number: Grant?[:]YesZNo 19516210.66400.4382 Budget?:Yes:No Type: N/A Vendor Name: Category: Daktronics, Inc. Contract Vendor Number: Sub-Category: = 34710 Original 0 Project Name: accesso ShoWare Marquee Replacement Project E `o Project Details:Job is complete - contract was never filed with the clerk - please = give a contract number too for reference on PO c 40 40 Agreement Amount: 213274.71 Basis for Selection of Contractor: Direct Negotiation 47 `Memo to Mayor must be attached 3- Start Date: 5/05/2023 Termination Date: June 30, 2023 Q Local Business?F--]YesF--]No* If meets req uiremen ts per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions'form on Cityspace. Business License Verification:Yes:ln-Process:Exempt(KCC 5.01.045) Notice required prior to disclosure? Contract Number: FlYesF]No CAG2023-440 Comments: a1 G 3 4) H •� i N 3 f0 C V1 Date Routed to the City Clerk's Office: ac«w»373__,0 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20210513 i i i KE T WASHINOTON PUBLIC WORKS AGREEMENT between City of Kent and Daktronics,, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Daktronics, Inc., organized under the laws of the State of South Dakota, located and doing business at 201 Daktronics Drive, Brookings, SD 57006, (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: Ia DESCRIPTION OF WORK. Contractor shall, perform the following services for the City in accordance with the following described plans and/or specifications: i Contractor responded to the City's request for proposals for the accesso ShoWare Center Marquee Replacement. Pursuant to and in compliance with its proposal submitted on February 16, 2023, by Brady Jacobsen, attached and incorporated as Exhibit A, and all other documents relating thereto, Contractor will complete the marquee removal and installation project at the accesso ShoWare Center as detailed in the April 21, 2023, Daktronics Quote #815276-1-3, attached and incorporated as Exhibit B. The Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. IIa TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above within 5 business days after the City issues its Notice to Proceed. Upon the effective date ---of—this—Agreement,—all physical work shall-thereafter be completed June 30, 2023. The term of this Agreement shall continue until all work has been completed, final acceptance has occurred, and all Contractor obligations have been fulfilled. III. COMPENSATI®N. The City shall pay the Contractor a total amount not to exceed $213,274.71, including any applicable taxes, for the work and services contemplated in this Agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City's payment shall not constitute a waiver of the City's right to final inspection and acceptance of the project. Card Payment Program. The Contractor may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Contractor. If the Contractor voluntarily participates a in this Program, the Contractor will be solely responsible for any fees imposed by financial institutions or j credit card companies. The Contractor shall not charge those fees back to the City. I 1 A. Payment and Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor, shall provide the City a payment and performance bond for the full contract amount. PUBLIC WORKS AGREEMENT - 1 (Over$20K with Performance Bond) i B. Retainage. The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to the Contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary,releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. The amount retained shall be placed in a fund by the City pursuant to RCW 60.28.011(4)(a), unless otherwise instructed by the Contractor within fourteen (14) calendar days of the Contractor's signature on the Agreement. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from the Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If the Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and the Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. I D. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL I PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which the —orrtractor s se l dEr-thls Agreement wifrbe performed. rmed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Contractor's services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. PUBLIC WORKS AGREEMENT- 2 (Over$20K with Performance Bond) ,I G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or j regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. The Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. The Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by the Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VIZ. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, the Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, Section XVI(D), within fourteen (14) calendar days of the date the C�ra-ctarknEw-or-s"-d-have k�wn of the acts and evens giving rise to the requested change F the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed j with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section IX, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by the Contractor as provided in this section shall constitute full payment and final settlement of i all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. I PUBLIC WORKS AGREEMENT- 3 (Over$20K with Performance Bond) i i I /III. FORCE MA]EURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both J Y p Y Y parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Contractor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Contractor due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. i If a force majeure event occurs, the City may direct the Contractor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Contractor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Contractor, IX. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. i A. Notice of Claim. Provide a signed written notice of claim that provides the following information: I 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 1� PUBLIC WORKS AGREEMENT- 4 (Over$20K with Performance Bond) i 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim, The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). i E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). X. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. XI. WARRANTY. The Contractor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement, The Contractor shall promptly correct all defects in workmanship and materials: (1) when the Contractor knows or should have known of the defect, or (2) upon the Contractor's receipt of notification from the City of the existence or discovery of the defect. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the-curre-cti-an-s-witiTfn--a-reasD-n-aMe-ttmz-aTt-etzrmln-ed-by--the Ctty tth-e-Cfi I-e�he corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. i XII. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Contractor shall execute the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative Policy 1.2. I XIII. INDEMNIFICATION. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. i The City's inspection or acceptance of any of the Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. PUBLIC WORKS AGREEMENT 5 (Over$20K with Performance Bond) j Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's duty to defend, indemnify, and hold the City harmless, and the Contractor's liability accruing from that obligation shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then the Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. j The provisions of this section shall survive the expiration or termination of this Agreement. XIV. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. XV. WORK PERFORMED AT CONTRACTOR'S RISK. The Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Contractor's own risk, and the Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XVI. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants—arrd—a ts �i thtT—Ag eem ent, or to exercise any option conferre—d—by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means j of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XIII of this Agreement. ! D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or { certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this I Agreement or such other address as may be hereafter specified in writing. ' PUBLIC WORKS AGREEMENT- 6 (Over$20K with Performance Bond) E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. i F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. I H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. i I. Public Records Act. The Contractor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Contractor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, the Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. j I i i i i i i I i I 9I I PUBLIC WORKS AGREEMENT- 7 j (Over$20K with Performance Bond) I i K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. i IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. i CONTRACTOR: CITY OF (CENT: Will/III Digitally signed by �J By: V V Will Ellerbruch By: Ellerbruch late:2023.04.28 Print Name: 07:48:54 04'00' Print Name: Tim Higgins i Its Its General Manager (title) DATE: DATE:--- /.2 3 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Brady Jacobsen Tim Higgins Daktronics, Inc. 201 Daktronics Drive Accesso ShoWare Center Brookings, SD 57006 625 W James St Kent, WA 98032 605-695-8079 Brady.jacobsen@daktronics.com 253-856-6701 THiggins@accessoshowarecenter.com APPROVED AS TO FORM, Kent Law Department I ATTEST: i Kent City Clerkne�oyr 1 i 1 1 1 PUBLIC WORKS AGREEMENT- 8 (Over$20K with Performance Bond) i i DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY The City of Kent (City) is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The City of Kent and its contractors are subject to and will comply with the following: ® Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); ® 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); i ® 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964). ® Ch. 49.60 RCW (Washington Law Against Discrimination) I The preceding statutory and regulatory cites hereinafter are referred to as 'the Acts and Regulations". The following statements specifically identify the requirements the City deems necessary for any contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of all of the following is required for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined below, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement. j The statements are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. i 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 1 3. During the time of this Agreement I, the prime contractor, will provide a written statement to all new employees and subcontractors indicating commitment as an equal I opportunity employer. i 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 1 I 5. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: EEO COMPLIANCE DOCUMENTS - 1 I A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter"Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally- assisted programs of the U.S. Department of Transportation, State-assisted programs through the Washington State Department of Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. B. Mon-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or = supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports: The contractor will provide all information and reports required by the Acts and Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined applicable to contractor's contract by the City or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts and Regulations and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the Washington State Department of Transportation, as appropriate, and will set forth v�h-at efforts-it h-as-m-ade-to-obtain-the-inform-atio--. E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: i a. withholding payments to the contractor under the contract until the I contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. I F. Incorporation of Provisions: The contractor will include the provisions of paragraphs (A) through (F) above in every subcontract, including procurements of I 1 materials and leases of equipment, unless exempt by the Acts and Regulations and j directives issued pursuant thereto. The contractor will take action with respect to i any subcontract or procurement as the City or the Washington State Department of I Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, EEO COMPLIANCE DOCUMENTS - 2 I { i or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 6. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: L Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non- discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; EEO COMPLIANCE DOCUMENTS - 3 I i xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) 7. The submission of the final invoice for this contract will constitute a reaffirmation that the preceding statements were complied with during the course of the contract's performance. By signing below, I agree to fulfill the five requirements referenced above. Will Digitally signed by Will By: V Ellerbruch Date:zUzj.U4.Zb Elle r r 07:50:16-04'00' For: Title: Date: i I I i i 1 i i{ I EEO COMPLIANCE DOCUMENTS - 4 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 APPROVED BY Dana Ralph, Mayor POLICY: Equal employment opportunity and non-discrimination in contracting requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination Policy Declaration, prior to commencing performance. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to coordinate with the City's Title VI coordinator, and perform the following duties for their respective departments. I 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these i regulations are familiar with the regulations and the City's equal employment opportunity policy. { i 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. i i i EEO COMPLIANCE DOCUMENTS - 5 1 i BIDDER RESPONSIBILITY CRITERIA Certification of Compliance with Wage Payment Statutes i This certification is required by state law (RCW 39.04.350(2)) to be submitted to the City before the contract can be awarded. The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date of January 27, 2023, 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. Insert Bidder's Business Name l By: Signature of Authorized Official* Printed Name: Title: Date: City and State: *If a corporation, proposal must be executed in the corporate name by the president or vice- president (or any other corporate officer accompanied by evidence of authority to sign). If a co- partnership, proposal must be executed by a partner. I I i I 1 BIDDER RESPONSIBILITY CRITERIA - 1 EXHIBIT A 6 mi IL Ogg DEVELOPED FOR S H OWARE CENTER MARQUEE REPLACEMENT YOUR DAKTRONICS REPRESENTATIVE Brady Jacobsen Sioux Falls, South Dakota 605-695-8079 DAKTR❑NICE SHOWARE CENTER DAKTRONICS TABLE OF CONTENTS 1. Corporate Information 3 2. Project Team 6 3. Products &Technical Solution 10 4. Schedule Completion Date 12 5. Warranty 13 6. Reference Projects 14 7, Cost Proposal Form 16 Copyright©2023 Daktronics Inc. All rights reserved.Manuscript and ormork in this proposal is protected by copyright and may not be reproduced in any form without permission of Daktronics Inc.No part of this proposal may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording or any other information storage and retrieval system,without prior permission in writing from Dakttanics Inc. • • • • • • Nime THINKING BIG EXTENSIVE EXPERIENCE Over 50 years of researching and developing innovative customer-valued solutions. CORPORATE STABILITY . r Corporate transparency (publicly traded under DAKT on NASDAQ) and commitment to delivering the best integrated solution to your venue. PRODUCT CONSULTING Experienced personnel to help identify the ideal product • for the right location. CREATIVE CONSULTING DAKTRONICS Design professional to assist with production or 'f `• r best-practice consulting. TECHNICAL SUPPORT Broad coverage from company offices, corporate headquarters and certified partners. • `. COOPERATION f a. Flexible product design and business philosophy to create long-lasting partnerships. ASSEMBLED IN AMERICA Engineered to the strictest quality standards. :_• — _ INVESTED IN COMMUNITY Our employees live in your communities and have a vested interest in the success of your project. DAKTRONICS.COM Ll Daktri r OO DAKTRON I C5 70 '2` n` t 5 =f l r eU -c` CSC METHODOLOGY Daktronics' proposal is providing the highest quality display system with technical contracting and construction management services to meet and exceed your requirements in all areas. A dedicated project manager will coordinate with all parties from contract award to completion. During the final design stage, our engineering team will re-evaluate the site and discuss all aspects of the project with the customer, contractor(s), architects, and engineers. We will evaluate for any value-added engineering efficiencies and pass along any potential savings. A defined and final scope of works with gantt chart will be mutually agreed upon. Daktronics' engineering team will provide detailed system riser and technical shop drawings for approval and signature prior to building any of the equipment. This way, you the customer, Daktronics, and all involved parties are in complete agreement as to what and how each display will be built. Once all drawings are approved, Daktronics will then proceed with complete detailed engineering designs. Every display provided will incorporate the newest design and product features available from Daktronics. During the manufacturing phase, the project manager will coordinate shipping details and site work with the Daktronics installation subcontractors. The displays will be shipped to site to accommodate the customer's installation requirements. Equipment will be delivered to site for installation upon arrival. Daktronics will provide an onsite construction manager to work directly with all parties onsite and our subcontractors. Daktronics has the most comprehensive onsite construction management skills in the LED display business, and we will address this project's construction management needs. Daktronics installation supervisor will make all features operational upon installation and commissioning and cn rdinate ciny requirecLan-site operator_and-maintenance_training_with_the_customer T_he customer—will_provide_a signed acceptance upon project completion, if necessary, they may provide a project completion punch list. Between the time that the display is installed and when it will need to be operational, Daktronics will take the necessary provisions to provide protection for the display. Daktronics will also provide a comprehensive inventory of spare parts. Critical components will be housed in the customer's property. This inventory is designed to provide a rapid response to all service needs and prevent down time when a service visit is needed. Following installation, Daktronics will provide a comprehensive onsite parts and labor warranty during the warranty period. Daktronics is also capable and interested in providing long-term service agreements for the lifetime of the equipment. Daktronics will provide this direct to the customer through our local service office where all Daktronics employees have undertaken Daktronics corporate training complete with extensive service experience. This can include response times, additional training, event support and all other requirements throughout the lifetime of the equipment. In summary, Daktronics can provide the highest quality of display technology, comprehensive construction management that guarantees a fully commissioned system, and long-term local technical service and support. ANNUAL REPORT FINANCIAL HIGHLIGHTS-SEE SEC FILINGS FOR COMPLETE ANNUAL REPORT FY2018 FY2019 FY2020 FY2021 FY2022 Net Sales $610,530 $569,704 $608,932 $482,033 $610,970 Gross Profit 145,669 130,294 138,700 120,583 116,697 Operating Expenses 133,209 135,022 138,867 103,475 112,651 Operating Income (loss) 12,460 (4,728) (167) 17,108 4,046 Net Income (loss) 5,562 (958) 491 10,926 592 Gross Profit Percentage 23.9% 22.9%° 22.8% 25.0% 0!019.1 Operating Margin Percentage 2.0% (0.8)% -% 3.5% °0 0.7 Weighted Average Diluted Shares Outstanding 44,873 44,926 45,316 45,202 45,326 Diluted Earnings per share 0.12 (0.02) 0.01 0.24 0.01 Cash dividend per share 0.28 0.28 0.20 - - Working Capital $132,825 $119,601 $106,037 $118,383 $103,876 Total Assets 358,800 349,216 372,651 375,164 440,876 Shareholders' Equity 197,616 187,663 176,980 193,554 191,564 Backlog 171,000 202,000 212,000 251,000 472,000 Product Design and Development $35,530 $35,557 $37,772 $26,846 $29,013 Capital Expenditures 18,127 17,268 18,091 7,891 20,376 Depreciation &Amortization 17,784 18,635 17,718 17,077 15,394 Cash Flow from Operations 30,361 29,546 10,808 66,212 (27,035) Regular Dividend per share 0.28 0.28 0.20 - - Employees as of year-end: ' Full-time 2,405 2,412 2,395 1,981 2,246 Part-time 308 310 276 136 231 Stock Price During Fiscal Year: High $10.76 $10.05 $7.91 $7.22 $7.20 Low 8.55 7.21 4.16 3.79 3.35 Stock Price at Fiscal Year End: 9.01 7.30 4.45 6.17 3.35 *Dollars in thousands, except per share and share price data. YOUR TEAM SALES / CORPORATE POTENTIAL SUBCONTRACTORS -Summit Specialized Installations -Boyer Electric *Subcontractor changes may be required a depending on availability during the installation phase ti Brady Jacobsen Jay Parker Regional Sales Mgr. Vice President Sioux Falls, SD Brookings, SD PROJECT MANAGEMENT / ENGINEERING Engineering resources may change depending on availability during the design phase. Engineer of Record: Vector Engineering or Link Engineering T A 0701 1 1 Jamey Gouin Justin Kaufman Adam Page Jason Heinemann Project Manager Engineering Supervisor Electrical Design Mechanical Design Ridgefield, WA Brookings, SD Brookings, SD Brookings, SD SERVICE / SUPPORT Derek Miller Matt Senclen Jamie Link Site Supervisor Applications Engineer Account Manager Seattle, WA Brookings, SD Sioux Falls, SD BRADY JACOBSEN Brady Jacobsen is a regional sales manager for the Rocky Mountain and Western Canada for the Large Sports Venues market at Daktronics. He works with professional sports teams, minor league sports teams, universities and other customers to help them find the best solutions for their facilities. Brady started at Daktronics in 2004 as a student intern with the High School, Parks and Recreation market before moving into his current position in 2006. He currently lives and works in Sioux Falls, South Dakota. Brady graduated from South Dakota State University in Brookings, S.D., in 2006 with a Bachelor of Science Degree in business economics, with a minor in entrepreneurship. During his time with Daktronics, Brady has worked on many projects including the following: • Oregon State University-Corvallis, OR • Moda Center- Portland, OR • Portland State University- Portland, OR • Hohokam Stadium -Mesa, AZ • Sloan Park-Mesa, AZ • Surprise Stadium -Surprise, AZ • Phoenix Convention Center- Phoenix, AZ • University of Northern Colorado-Greeley, CO • University of Denver- Denver, CO • Colorado Mesa University-Grand Junction, CO • University of New Mexico-Albuquerque, NM • New Mexico State University- Las Cruces, NM • University of Phoenix Stadium -Glendale, AZ • Chase Field- Phoenix, AZ • Northern Arizona University- Flagstaff, AZ • Santa Ana Star Center- Rio Rancho, NM • University of Missouri -Columbia, MO • University of Arizona -Tucson, AZ • Budweiser Events Center-Loveland, CO • Peoria Sports Complex-Peoria, AZ • University of Oregon - Eugene, OR • Climate Pledge Arena -Seattle, WA • Rogers Place- Ice District- Edmonton, Canada DAKTRONICS.COM EMAIL SALES@DAKTRONICS.COM c '01 B 6 e s 67 oc r-,';692 r':' `, la 6r;r,.,: Copyr.91v 2021 Daktronics Rev02 0607', DAKTRONICS JAMEY GOUIN Jamey Gouin is a project manager within the California and Rocky Mountain regions for Daktronics Live Events business unit. In this role, Jamey collaborates with members of the project team, „. helps organize projects by creating schedules, budgets and other project paperwork, and provides supervision and assistance on-site during installations. In 2013, Jamey started his Daktronics journey in student roles for Mechanical Systems and for Construction Marketing. Jamey received his Bachelor's degree in Building Construction in 2011 from Virginia Polytechnic Institute and State University. In 2014, he earned his Master's degree in Civil Engineering from South Dakota State University before going on to get his Master's Certificate for Construction Engineering Management from South Dakota School of Mines and Technology. Major projects Jamey has been involved with include: • St. Mary's College-Moraga, CA • Lancaster Jethawks- Lancaster, CA • University of Redlands - Redlands, CA • University of Portland - Portland, CA • Cal State University Stanislaus-Turock, CA • University of San Francisco-San Francisco, CA • Montana State University Bozeman - Bozeman, MT • Modesto Nuts - Modesto, CA • Missoula Osprey-Missoula, MT • University of Oregon - Eugene, OR • Linfield University-McMinnville, OR • Mt. San Antonio College-Walnut, CA • University of Utah -Salt Lake City, UT • Stockton Ports - Stockton, CA DAKTRONICS.COM EMAIL SALES@DAKTRONICS.COM 201 Daktrcr c� Drove PO Box 5126 6,a: SD 570! tel 800 325 5-66 605-642 0200 fax 6',5-697-4700 Capyr,ght%2021 Daktr—cs Rev 03 060821 DAKTRONICS DEREK MILLER Derek Miller works as a Field Service Engineer covering the northwest region where he services Daktronics equipment in the states of Oregon and Washington. In this role, he also assists with technical questions during the sales process to help provide the correct solutions for customers. Derek started at Daktronics in 2006 where he served the High School, Park and Recreation market. In 2010, he transitioned into his current field service role where he has been working diligently ever since. In 2006, Derek earned a bachelor of science degree in electronics engineering technology from the Oregon Institute of Technology. This degree was completed after receiving an associates degree in Electronics Engineering Technology from Portland Community College in 2004. Derek has worked with many customers over the years, including the following: • Washington State University • University of Washington • Oregon State University • University of Alaska • University of Oregon • Idaho State University • Gonzaga Una • Moda Center • Portland State University DAKTRONICS.COM EMAIL SALES@DAKTRONICS.COM `'E SG 5-0065128 Rc _o 713.,4 'e, D40518 DAKTRONICS PRODUCTS • • GALAXYD GT6x PRODUCT SPECIFICATIONS The GaloxyO GT6x offers high-value Galaxy features combined with high-resolution 10 mm surface mount LED technology to provide high-quality images. 10 MM TECHNICAL SPECIFICATIONS Character Height: • 2.8" (7 pixel font) vwnia+wor+�� EYE Clinic Line Spacing: a^"' °'°"t • 10.16 mm (0.4") Pixel Configuration: 3-in-1 SMD Maximum Brightness: 8,000 nits Full Color Capability: 281 trillion colors Viewing Angle: 160 degrees horizontal x 70 degrees vertical Min Viewing Distance: 21' (10 mm) GT6x SERIES SPECIFICATIONS Estimated LED Lifetime: 100,000+ hours Contrast Enhancement: Non-reflective black louvers and module face grooves disperse light Message Capability: Text, graphics, logos, basic animation, video clips, PRODUCT FEATURES multiple font styles, and sizes Control Software: • All sealed components Venusc' Control Suite • Quick connects Power: • Mounting clips 120, 120/240 VAC Single Phase • High-contrast louvers Display Dimming: • Redundant module signal 64 levels (Automatic, scheduled or manual control) • Large sections for fast installation Communication Options: • Front ventilation on displays less than Ethernet Fiber Optic, Ethernet Bridge Radio, eight-eet-tall— - Remote Cellular, Ethernet CATS • No spreader beam required for displays Operating Temperature: greater than eight feet tall -40°F to 120°F with 99% RH non-condensing • Single-step module removal Compliance Information: • Shallow cabinet depth • UL Listed, FCC compliance Narrow cabinet borders MODEL NUMBER GUIDE DISPLAY CONFIGURATIONS GT6x - 72 x 108 - 10 - RGB SF N N c a J Gi J H � O y Single-face (SF) Two-view (2V) Available in all sizes Available in all sizes i^ 201 Dakironics Drive PO Box 5128 Brookings,5D 57006-5 1 2 8 tel 888-325-7446 605-692-0200 ext 5.71220 fax 605-692-0381 wmv.dukhonics.com emoil commerciaWdaktronics-com Copyright©2020 Dohionics DD4008961 Rev03 042820 Poge 1 of 8 DAKTRONICS OZ<-ZI mz mQ �+w xM zm a vr_ ^'N y� O mz�r N 0 o�m 00 w off z M N w •n Zrn o In? 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Z F,0T mWZ O_ 'O m m m N y x O 0 7�v98 0 05 0 m o Div �° oq N_c a0 Kenn rm N m [4] r 0 .P '4� & 0�o m gym' 6 v Nv <� z W cox�yy 98 m zxy N0 m x oN v MR€ m y .' o �' vx N o moo o-1°z S'� �a c°io°z *'vc' N mmm r `g 'a c �i v I °ix p § g z z�°c �y A SQ y � c� z W-' WA <ao '* v z ozx N p N 4 0 o -N1 .. o m [[99 On [m9<T O O N-I m mA �yD z�n-�A m O m z o Z y J 3� � o -`^ M mz m� a A Zz> m m� a ms �vo zWz "i imp �a 5 N p O w ., 0 ° F O0 T CmOm~OZ AOT N m • OP_ T. v ti OM w o �j &' i c1 oµ y o Yb-z In y o x v �n N v Z fie $ z � o<o< �oON99W� - OF o O 1 ON g< N -' T ox FAn Z woaz0 0 m o ovc o z A zs my z j (A)Ol D A APzs ZO 0`- )rI11Ifj1 A O v v o v o O � ni a n z m rD � m D of O. n 3 i N n ro a D p o a 3 o T c o D f� £ i G1 o N10 . v w m = n m w o Ro O Z p N 3 O v+ N n N N to (n F+ 0 N 0 O 1p O !^ fD O a a n Ki a a a n AC N ♦ O O 0 m N m a I m m G > > a n O_ c T i c c < o �. C m m m C w W W 3 a N \ 00\ \ N \ \ \ \ \ w s 3 0 fb rD b w m o w m D p 3 3 ° x C a 3 3 '< � o a p rn Q - D S � La I c m m Q m m H m > - T O I 9 A to y. c 3 _ � 3 o d a 3 ° P, ° N > y Li —I N D n n o O m A 3 m_w D 1 a D � v 7 � Z a z LA � r�i Z T Ln� Z C N a r A v n r r T Z D G1 � 1 m O G1 a r C d 3 ZIL 2 /� of ° O O LA 0 7 c z m � O �• A < 3 A � m N o N x z � � � � n m w ATTACHMENT A GOLD® Services Scope of Services Services Included 1. 5-Year Daktronics parts coverage which includes: 1.1. Daktronics Rapid Parts"' Exchange Program for available parts only. 1.2. Repair or replacement of failed electronic parts or assemblies. 1.3. Shipping of repaired or replaced failed electronic components from Daktronics. 2. Technical support via telephone during business hours as defined below. 3. Access to the Service Coordination Center. Gold shall not include nor be construed to include any service or support that is not expressly stated above in the definition of the Gold service. Examples of services that are not within the scope of Gold service include, but are not limited to,the following: 1. On-site labor to diagnose and/or replace failed electronic components after the first year. 2. Remote monitoring services. 3. After hours telephone support. Above listed exclusions are available as billable services. Quotes may be provided upon request. Business Hours: Monday through Friday, 8 am to 5 pm CST(excludes Daktronics observed holidays). Purchaser Responsibilities The items listed below are the responsibility of the Purchaser. 1. Purchaser is responsible for routine operator functions such as content creation or scheduling. 2. Purchaser is responsible for management of customer-owned spare parts inventory. 3. Purchaser is responsible for costs of any on-site labor to diagnose and/or replace failed electronic components. 4.—Pur-chase-r-is-responsible-for providing lift access to t-he-display. 5. Purchaser is responsible for the maintenance items listed below; failure to properly maintain equipment may, at Daktronics' sole discretion, relieve Daktronics of its responsibilities under the Terms and Conditions of Extended Service attached hereto. 5.1. Throughout the term of this Agreement, Purchaser shall maintain site conditions within the common environmental range of all system devices as specified by Daktronics. 5.2. Purchaser is responsible for routine maintenance functions. 5.3. Purchaser is responsible for purchasing and maintaining antivirus software on all control devices connected to Daktronics equipment. (See Daktronics Knowledge Base for list of supported software. DD2079868 https://www.daktronics.com/support/kb/Pages/DD2079868.aspx Gold'is a registered Daktronics trademark. This Service Agreement shall be subject to the following Terms and Conditions of Extended Service. o www.daktronics.com/terms conditions/SL-05662.pdf Gold Extended Service Copyright©2007 Daktronics,Inc. Publication 070218-05659 DAKTRONICS PROJECTSREFERENCE ��take R DoW, t s�A JDANIA POINT[ ASINO-HOTEL ICI • � r � � y, SR Y ' �YF �£ K ,^� !� s Sh N••L�r{ _ I lot ow " l AI Ogg 1 Mlt DESERT nz 1e DIAMOND I IAIXS"NVILLEL�M as CASINO _ VCRiS BFt?ERiARMFiR C�4RLEY " ^ WEST VALLEY ' •'IP All examples are 10mm 1 Sheyenne 32 Parking LLC, 2020-West Fargo, ND 2 The Wilderness Resort,2020-Baraboo,WI 3 The Wilderness Resort,2020 -Baraboo,WI 4 Royal River Casino,2019-Flandreau,SD 5 Casino Morongo, 2019-Cabazon,CA 6 Dania Pointe,2018-Dania Beach,FL 7 Urban Bill- board, 2019-Des Moines, IA 8 Washington Nationals,2018-Washington, DC 9 Jacksonville Jaguars,2018-Jacksonville, FL 10 Norfolk Scope Arena, 2019-Norfolk,VA 11 Desert Diamond Casino, 2019-Glendale,AZ 12 Austin FC,2021 -Austin,TX REFERENCE CONTACTS Norfolk Scope Arena • 201 E Brambleton Ave, Norfolk, VA 23510 • Steven Davis, 757-284-8323, steven.davis@norfolk.gov • Daktronics does not release client project cost information • 2018 • Three-sided 1 Omm LED marquee running on Venus Control Suite 0 See image #10 on previous page for image • See final page of document for As-built drawing The Wilderness Resort • 511 E Adams St, Wisconsin Dells, WI 53965 • James Fuchsel, LaCrosse Sign Company, 608-781-1450, jamesf@lacrossesign.com • Daktronics does not release client project cost information • 2020 • 1 Omm LED marquees • See images #2 and 3 on previous page Sheyenne 32 Parking LLC • 745 31 st Ave E Ste 105, West Fargo, ND • Lance Johnson, 701-741-8234, info@epiccompaniesnd.com • Daktronics does not release client project cost information • 2020 • 1 Omm curved LED marquee • See image #1 on previous page COSTPROPOSALFORM ARTICLE 5. COST PROPOSAL FORM 5.01 COST PROPOSAL All Contractors must complete and submit this form. TO: City of Kent CONTRACTOR: Daktronics, Inc. PROJECT: accesso ShoWare Center Marquee Replacement PROJECT ADDRESS: 625 W James St, Kent, WA 98032 DATE: 02/16/2023 Pursuant to and in compliance with your RFP and all other documents relating thereto, the undersigned hereby certifies that he/she has examined the documents for the ACCESSO SHOWARE MARQUEE REPLACEMENT in Kent, Washington,and that Contractor has read and thoroughly understands the terms of the contract and the cost to complete work at the place where the work is to be done, and that Contractor proposes and agrees to perform the contract,within the time stipulated, including all of its component parts,including mobilization and demobilization, and to provide and furnish any and all labor, materials(including freight/delivery),tools,expendables, construction equipment, affidavits of prevailing wages paid, utility and transportation services necessary to perform the complete contract, in a workmanlike manner, complete and in place,as required by and in conformance with the RFP, Scope of Work, and Addenda, all for the following lump sum price,taxes included, below. WASHINGTON STATE PREVAILING WAGES ARE REQUIRED FOR FABRICATION OCCURING IN THE STATE OF WASHINGTON, EVEN IF NOT DONE ON SITE. SEE SECTION 2.26 FOR ADDITIONAL INFORMATION. ALL PRICING MUST BE INCLUSIVE OF ALL COSTS ASSOCIATED WITH PAYMENT AND REPORTING PREVAILING WAGES. SCHEDULE OF VALUES Item Description Unit Qty Total Amount (including-any applicable taxes) LED Marquee Removal and 1 Installation as Specified in LS 1 $198,704.08 Specifications(Appendix C)and Scope of Work Receipt of Addendum No(s)through Addendum 1 is (are) hereby acknowledged. Project Completion: The Contractor agrees that all work under this Agreement shall be complete, having gained a successful final inspection and received final acceptance from the City, no later than June 30,2023. Contractor certifies that the Contractor is in compliance with Industrial Insurance coverage requirements in accordance with RCW Title 51. accesso ShoWare Center Marquee Replacement 19 i Non-collusion. The undersigned declares under penalty of perjury that the bid submitted is a genuine and not a sham or collusive bid,or made in the interest or on behalf of any person or Contractor not therein named;and further says that the said Contractor has not directly or indirectly induced or solicited any Contractor on the above work or supplies to put in a sham bid,or any other person or corporation to refrain from bidding;and that said Contractor has not in any manner sought by collusion to secure to the Contractor an advantage over any other Contractor or Contractors. i Daktronics, Inc. Name of Contractor Brady Jacobsen Sales Region Manager Signature By(type or print) Title i 201 Daktronics Drive Brookings,SD 57006 Business Address 201 Daktronics Drive Brookings, SD 57006 Mailing Address City State Zip Code (605) 692-0200 (605) 697-4746 Telephone Number Fax number Brady Jacobsen sales@daktronics.com Contact Person Email Address i 'i I 1 i !i 1 i accesso ShoWare Center Marquee Replacement 20 ARTICLE 9. RESPONSIBLE BIDDER CRITERIA In accordance with RCW 39.04, before award of a public works contract, a Contractor must meet the following responsibility criteria to be considered a responsible Bidder and qualified to be awarded a public works project. The Bidder must: At the time of Proposal submittal, have the following: A. a certificate of registration in compliance with chapter 18.27 RCW; B. Have a current state unified business identifier(UBI)number; C. If applicable, have industrial insurance coverage for Bidder's employees working in Washington as required in Title 51 RCW; D. If applicable, have employment security department number as required in Title 50 RCW; E. If applicable, have a state excise tax registration number as required in Title 82 RCW; F. Not be disqualified from Proposing on any public works contract under RCW 39.06.010 or 39.12.065(3); and G. Is exempt from or has completed Contractor Training for Public Works Projects through Labor & Industries as required in RCW 39.04.350 and RCW 39.06,020. In accordance with RCW 39.06, a public works contractor must verify responsibility criteria for each first tier subcontractor, and a subcontractor of any tier that hire other subcontractors must verify responsibility criteria for each of its subcontractors. Verification shall include that each subcontractor, at the time of subcontract execution, meets the responsibility criteria and possesses an electrical contractors license, if required by RCW 19.28,or an elevator contractor license, if required by RCW 70.87. This verification requirement,as well as the responsibility criteria, must be included in every public works contract and subcontract of every tier. Providing the following information is MANDATORY in order to meet"Responsible Bidder"requirements. Failure to provide the information may disqualify your Proposal as being"Non-Responsive". If your business is not required to have one of the following numbers,provide an explanation. 1. State of Washington Contractor Registration No. DAKTRI*971PW 2. State of Washington Unified Business Identifier No. UBI#600-440-131 3. Employment Security Department No. 677238-00-8 4. Is the payment of Worker's Compensation Premiums current? If your business does not have a Worker's Comp account with the WA State Department of Labor& Industries, please explain why. [� ] Yes [ ] No(If No,you are not eligible to Bid on this project) [ ] No Account—Explain why: 5. Are you disqualified from Bidding on public works projects in the State of Washington? [ ] Yes(If Yes,you are not eligible to Bid on this project) [ ] No 6. Are ither exempt from or having completed Contractor Training Related to Public Works Project? [ Exempt [ ] Have completed the training. [ ] Agree to completing the training prior to contract award. accesso ShoWare center Marquee Replacement 25 ARTICLE 10. CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES The Bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date 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 (or declare) under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Daktronics,Inc. Bidder's Business Name �Jw Digitally signed by Will Ellerbruch Date:2023.02.10 13:02:45-05'00' Signature of Authorized Official* Will Ellerbruch Printed Name Sales Manager Title 2/10/2023 Brookings, SD Date Location or Place Executed(City,State) Check One: Sole Proprietorship ❑ Partnership ❑ Joint Venture ❑ Corporation`u State of Incorporation, or if not a corporation, State where business entity was formed: South Dakota lda-co-partnership—, give firm-name-under which-business-is-transacted- N/A *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. UNSIGNED BIDS WILL BE DECLARED NONRESPONSIVE AND REJECTED END OF SECTION accesso ShoWare Center Marquee Replacement 26 ARTICLE 11. REQUEST FOR PROPOSALS APPENDICES APPENDIX A-GENERAL CERTIFICATIONS AND ASSURANCES(RETURN WITH PROPOSAL) 1. I/we make the following certifications and assurances as a required element of the proposal to which it is attached, understanding that the truthfulness of the facts affirmed here and the continuing compliance with these requirements are conditions precedent to the award of continuation of the related contract: a. I/we declare that all answers and statements made in the proposal are true and correct. b. The prices and/or cost data have been determined independently,without consultation,communication, or agreement with others for the purpose of restricting competition. However, I/we may freely join with other persons or organizations for the purpose of presenting a single proposal. c. The attached proposal is a firm offer for a period of at least ninety(90) calendar days following the Proposal Due Date, and it may be accepted by the City within the ninety (90) days. The proposal may withdraw their proposal on or after the ninety(90)days if done so in writing. d. In preparing this proposal, I/we have not been assisted by any current or former employee of the City of Kent or the accesso ShoWare Center whose duties relate(or did relate)to this proposal or prospective contract,and who was assisting in other than his or her official, public capacity. If there are exceptions to these assurances, I/we have described them in full detail on a separate page attached to this document. e. I/we understand that the City will not reimburse me/us for any costs incurred in the preparation of this proposal. All proposals become the property of the City, and I/we claim no proprietary right to the ideas, writings, items, or samples, unless so stated in this proposal. f. Unless otherwise required by law,the prices and/or cost data which has been submitted have not been knowingly disclosed by the Proposer and will not knowingly be disclosed by him/her prior to opening, directly or indirectly,to any other Proposer or to any competitor. g. I/we agree that submission of the attached proposal constitutes acceptance of the solicitation contents and the attached sample contract and general terms and conditions. h. No attempt has been made or will be made by the Proposer to induce any other person or Contractor to submit or not to submit a proposal for the purpose of restricting competition. i. Me grant the City the right to contact references and others who may have pertinent information regarding the ability of the Contractor and the lead staff person to perform the services contemplated by this RFP. On behalf of the Contractor submitting this proposal, my name below attests to the accuracy of the above statements. 02/16/2023 Signature o Proposer Date accesso ShoWare center Marquee Replacement 27 i KE NT' WASH.NO10 BIDDER RESPONSIBILITY CRITERIA Certification of Compliance with Wage Payment Statutes This certification is required by state law (RCW 39.04.350(2)) to be submitted to the City before the contract can be awarded. The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date (Insert Date), 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. i Insert Bidder's Business Name Will EllerbruCh'Dattiea202 02.101 03I:13e5ro h By: Signature of Authorized Official* Printed Name: Will Ellerbruch Title: Sales Manager Date: 2/10/2023 City and State: Brookings. SD _ *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. i i i i a i I i 1 1 1 accesso ShoWare Center Marquee Display 41 Replacement I DAKTRONICS QUOTE # 815276-1 -0 MAIN ATTACHMENT A CUSTOMER RESPONSIBILITIES General 1) Secure necessary sign permits, as required. 2) Customer is responsible to ensure the existing structure/building is adequate,including any necessary modifications,for the installation of the Equipment,including but not limited to (i) obtaining certified engineer drawings to the extent required by law and (ii) providing Daktronics, upon reasonable request, documentation relating to the existing structure and modifications necessary for Daktronics perform its work. 3) Mark location of the new Equipment as delineated in the quote. 4) Provide all landscaping,track,sidewalk and path protection along with site restoration,and/or sprinkler system repair work. Structures 1) Paint existing support structure. Electrical& Data 1) Provide primary power feed five (5) feet off grade on structure in the form of transformer and electrical disconnect/distribution panel, as applicable,with over current protection per all applicable electrical codes and regulations. Product/Equipment 1) Provide storage of all Equipment and control equipment in a safe,dry,and secure location until installation. 2) Provide high speed internet connection to control room equipment. 3) Required power outlets on clean dedicated circuits) for all control equipment. DAKTRONICS RESPONSIBILITIES General 1) Secure necessary construction permits,as required. 2) Removal and disposal of existing equipment. 3) Provide payment and performance bond. Structures 1) Steel fabrication and erection of sub-structure for Equipment mounting. 2) Paint new support structure provided in this quotation. Electrical& Data revid SeaQndary power conduits,power cable-and power hook=up from five-(5j f etef grade on stfucture to all Daktronics supplied load centers/termination panel at/within the Equipment. 2) Provide and install cellular communication kit. Product/Equipment 1) Accept, lift,unload, and inspect all Equipment and control equipment from carrier. 2) Lift and mount Equipment listed in this quotation. 3) Top and bottom flashing will be replaced with ventilated material. QUALIFICATIONS/CLARIFICATIONS 1) Access: Daktronics requires unobstructed access to Equipment and control room installation site until display is 100%. Installation equipment (cranes,lifts,trucks,concrete trucks,etc.) are expected to have access directly to the scoreboard/structure location. No concrete pumping, concrete buggies,or crane picks over 10'distance from scoreboard structure are included. 2) Control Room Climate: Normal operating temperature should be between 400 to 900 Fahrenheit (40 to 320 Celsius). Normal operating humidity should be less than 80%non-condensing.Storage temperature should be between-100 to 1050 Fahrenheit (-230 to 41°Celsius).Storage humidity should be less than 95%non- condensing. Keep computers and monitors out of direct sunlight during storage.Allow control equipment taken out of storage to return to operating temperature range prior to turning it on (24 hours recommended). 3) Electrical:The maximum voltage is 120 volts line to neutral for all Equipment in this quotation. Attachment A Page 1 of 2 DAKTRONICS QUOTE # 815276-1 -0 MAIN ATTACHMENT A 4) Existing Conduit: Costs to repair or replace damaged or obstructed conduit have not been included in this quote. 5) Project Scope: Installation pricing may not comply with all bid specifications, divisions,or drawings. Installation pricing is based on the tasks identified above. Any change or addition to the tasks or descriptions may result in additional costs. b) Exterior Equipment: The bottom of the Equipment will be placed at an elevation of ten (10) feet above grade. 7) Damages and Wages: Liquidated damages and union labor have no been included in this installation pricing. Prevailing wages and certified payroll have been included with this installation pricing. Attachment A Page 2 of 2 ARTICLE 8. BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, Daktronics, Inc. , as Principal, and ACE American Insurance Company as Surety, are held and firmly bound Five Percent of Amount Bid--- unto the CITY OF KENT, as Obligee, in the penal sum of (5% of Amount Bid)------- Dollars, for the payment of which the Principal and the Surety bond themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. The condition of this obligation is such that if the Obligee shall make any award to the Principal for ShoWare Center Marquee Replacement Bid Due Date: February 17, 2023 According to the terms of the proposal or bid made by the Principal thereof, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure so to do, pay and forfeit to the Obligee the penal amount of the deposit specified in the invitation to bid, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect and the Surety shall forthwith pay and forfeit to the Obligee, as penalty and liquidated damaged, the amount of this bond. SIGNED, SEALED AND DATED THIS 9th DAY OF February, 2023 x2 2)1. Daktronic , In . PRIM IPAL Nichole Hofei ontract Administrator ACE American Insurance Company SU ETY Cynthia L. Choren,Attorney-: -Fact 20 Received return of deposit in the sum of $ END OF SECTION accesso ShoWare center Marquee Replacement 24 State of Missouri County of St.Louis city ss: oil February 9 2023 before me,a Notary Public in and for said County and State,residing therein,duly cominissioned and sworn,personally appeared Cynthia L.Choren known to me to be Attorney-in Fact of ACF, American Insurance Company the corporation described in and Iat executed the within and foregoing instrument,and known to ine,to be the person who executed the said instrument in behalf of the said corporation,and he duly acknowledged to me that such corporation executed the same. IN WffNE SS WBEREOF,I have hereunto set my hand and affixed my official s the ay and eaar stated in this certificate above. My Camniission Expires September 5,2026 Notary Public LEAH LJUENGER Notary Public, Notary Seal I State Of Missouri St. Louis City#Commission 17302084 My Commission Explres 09-05j2025 m DAKTRONIGS SECRETARY'S CERTIFICATE I, Carla S. Gatzke do hereby certify that: I am the Secretary of Daktronics Inc. (hereinafter the "Corporation;") and that as such I am authorized to execute this certificate on behalf of the Corporation in my capacity as the Secretary of the Corporation and do hereby certify that the Amended and Restated Bylaws of Daktronics Inc. Article VII,Section 8.3, state that the Corporation shall have no corporate seal. Amended and Restated Bylaws of Daktronics were submitted with our form 10-K fiscal year 2013. ( � 44 - Carla S. Gatzke. Secr ary TO ALL TO WHOM THESE shall come. I, Nichole Hofer NOTARY PUBLIC duly authorized, admitted and sworn, practicing at South Dakota, United State America. DO HEREBY CERTIFY that: The above signature is Daktronics Secretary, Carla Gatzke is indeed true and original. IN TESTIMONY where I have Subscribed my name and affixed My Seal of Office this 16th day of February, 2021 s� s Notary Public("�J: �514 �� s NICHOLE F. HOFER s � NOTARY PUBLIC s County of Br �Cings s SOUTH DAKOTA State of South Dakota My commission expires March 31, 2023 i C H U S E3 Power of Attorney Federal Insurance Company I Vigilant Insurance CompanyI Pacific Indemnity Company Westchester fire Insurance Company I ACE American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation,VIGILANT INSURANCE COMPANY,a New York corporation,PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, 'WESTCiIESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania,do each hereby constitute and appoint Cynthia L.Choren each as their true and lawful Attorney,ln•Fact to execu(e.under such doigpation lit their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or Otherwise,bands and undertakings and other writings obligatory lit the mature thereof(other than bail bonds)given or executedin the course of lushness,and any instruments amending or ahering the saute,and consents to the modification oralteratlon ofany Instrument referred to lit Said bands or obligations, In Witness Whereof,said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCES COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER MIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed anal attested these presents and affixed their corporate seals on this 10's day ofMarch,2020. Dawn M..t0*@1 r1��hlortt:. istantStxxctut),' Stcytiivil M I lanc�y.Vice Pi'��iden1 STATR OF NEW JERSEY County oflfunterdon ss, On this I0w day of March,2020 berom ilia,It Notary Public of New Jersey,personally cattle Dawn M.Chloros and Stephen M.Haney,to me known to be Assistant Secretary and Vice President,respectively, of FEDIdRAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCR COMPANY and ACE AMERICAN INSURANCES COMPANY,ilia companies which executed the foregoing Power of Attorney,and the sald Dawn M.Chloros and Stephen M.Haney, being by ilia duly sworn,severally and each for hersehrand Idins0r did depose and say that they are Assistant Secretary and Vice President,respectively,.of FEDE RAL INSURANCE COMPANY.VIGILANT INSURANCE COMPANY,itACIFIC INDEMNITY COMPANY,WMTCI IESTER FIRE INSURANCE COMPANY and ACE AMERICAN iNSURANCE COMPANY and know the corporate seals thereof.that the seals affixed to die foregoing Power of Attorney are such corporate seals and were thereto affixed by authority ofsaki Companies;and that theirsignatures as such officers were duly affixed and subscribed by like authority. Notarial Seal q pOTpgr`�� 'KATHERINE J.ADEt,FwAR NOTARY PUBWO OF NEW JEFtSBY ¢, No.2310606 yr'U81IG Commission Expiros July 10,2024 Nmaty l'pblle YJERa� CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY on August:30,2016; WESTCHESTER FIRE INSURANCE COMPANY on December 11,2006:and ACEAMERiCAN INSURANCE COMPANY on March 20,2009: "RSOLVH0,that the folluwing authorizations relawto the execution,'for and on behalf of ilia"Company,ofbonds,undertaking,recogilixances,contracts and outer written commitments ofthe Company entered into in the ordinary courseeCbwiness(each a"Wrluen Commitment'): (U Pach of the Chairman,the President and the lice Presidents of the Conipanylsharaby authotired to execute any Written Commitment farand oil belialfefthe Company,under ilia seat ordie company of odierwise. (2) Lath duly appointed atsorucyhrfact or ilia Company Is hereby aumorized to execute any Written Commitment for and on behalf of ilia Company,under the seal of the Company or otherwise,to ilia extent that such action Is authorizedbythe grant provided for in such person's written appointment as such sattorncyin-Chit. (3) Pitch or ilia Chairman,ilia President and ilia Vice Presidents of titcCompauylsbacebyaudialzeddareirlon behaifofibeConipany,toappulnt lit writing any person the attorney in-fact or ilia Company with fill power and authority to execute,for and oil beltalfof ilia Company.under the seal of the Companyorotherwise,such Written Commitments ofthe Company his maybe specified in such iwhteit appointment,which specilication may be by general type or class of Written Commitments or by specilicition of one or more partictktr Written Commitments. (4) Each of the Chalrmau,ilia president and the Vice Presidents of ilia Company Is hereby authoriazd,for and oil behalf ofthe Company.to delegate In writing to any otitei,officerofthe Company tine authority to execute,for and on behalf of ilia Company, under ilia Company's seal or odicrw lsc,such written Commitments of ilieC'ompany as are specified in such written delegation,whichspecification may be by general type or class of Written Commitments or byspecification of armor more particular Written Commitments. (5) Ilia signature ofany officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution,and the seat ofthe Company,may be anixed by facsimile an such Written Commitment orwritten appointnent,ordelegadon. I:URTI iR RESOLVED,that the roregolug Resolution shall not be deemed to bean exclusive statement ofthe powers ondauthority of ofacecs,employees and otter persons to act for and on behalrof the Company,and such Resolution shall not limit or mlierwise affect ilia exercise orally such power or authority otherwise validly granted orvested." { 1, Dawn M. Chloros.Assistant Secretary of FEDERAL INSURANCE COMPANY.VIGILANT INSURANCE COMPANY, 'PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE i INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY(llie"Companies")do hereby certtry that (1) ilia foregoing Resolutions adopted by the Board ofDirectors of ilia Companies are true,correctaud in full force and effect, i (11) the roregoill),*Powor ofAttom(ey is true,correct and in full force and effect. Given under-inyhand'aiidl(Ast)r'said.ConipaniesatWhiteltouseStatton,NJ,thfs F'ebrua'ry 9,2023 M.M� x •cv '`i 'J lkrv;n l.C:hl ux,.Ayl:,t,ur[.irruan} 1N T1113 EV;Nf YOU\VISN'l'b WRiPY TUR AU'rlIENTICIrY 01'I'11i811ONU OR NOTIFY US Olt ANY 911ILR MA I MR.PLLASI:CONTAGI'US A'0 Tole>lione(908)903.3493 Fax(908).903.3656 e�rnali:surer f0chubb.com i j Combined:FED-VIG-PI-WFIC-AAIC(rev.11-10) 1 a PH € I �pill s j 44 13 F " 4 al o _ ® �.� HI ,.,, a����eeaeae��� � ®_ • o � � � � ! c'� -* as $��� x HA g -- � a' - o KEE is .......... ems°� i m _ s� 9�g � � e � ❑ 1 g ;gS ❑ 1 # m � o aE F��Si � ggs �� z CORPORATE HEADQUARTERS COPYRIGHT©2022 DAKTRONICS INC. 331 32nd Ave PO Box 5128 Brookings,SD 57006-5 1 2 8 All rights reserved.Manuscript and artwork in this proposal is protected tel 605-692-0200 fax 605-697-4746 by copyright and may not be reproduced in any form without permission www.daktronics.com email sales@daktronics.com of Daktronics Inc. No part of this proposal may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording or any other information storage and retrieval system,without prior permission in writing from Daktronics Inc. THANK YOU On behalf of Daktronics, we deeply appreciate the opportunity to present this proposal for your consideration. We would be honored to assist in providing the best possible 0 experience to meet and exceed your every expectation. DAKTRONIcs LAHR511 b DAKTRONICS.COM 2101 D-i- Brooklng,s,Sc:uth Doriolo, 520(')(S-51 28 DAKTRONICS T800-32- -' a 5 6C. FOKU5697/-4700 Thank you for choosing Daktronics. The following items are required to process your order: 0 Please verify that this equipment fulfills your project needs 173 Signed Quote 71 Validate and complete Project Site Information page, return with order Help ensure Daktronics shipping, invoicing, and service locations are accurate. 71 Payment & Invoicing - Please provide 30% down payment. Contact your sales team for payment options. Invoice available by request. 0 Tax Status -Applicable taxes included - subject to change You may submit your order to your sales team via the following methods. Email: Mail: Attention: Daktronics, Inc Brady Jacobsen - Brady.Jacobsen@doktronics.com Attn: Gary Delaney Gary Delaney-Gcry.Delaney@daktronics.com PO Box 5128 Brookings, SD 57006 After your order has been placed: 11 Freight Unloading Guidelines -Shipping to site via Independent Carrier (flatbed trailer). Crane or telehandler required for unloading. DAKTRONICS Q • City of Kent 21/Apr/2023 Accounts Payable Quote valid for: 60 days 400 W Grove Terms: 30% with the order, 60% Payment Kent, WA USA 98032 before shipment, 10% Net 30 days from Phone: 253-856-6706 shipment Fax: Subject to Credit Review Email: FCA: DESTINATION Delivery: Call for production time Reference: Showare Center Item Model Description Qty Price No. 1 GT6x-252X504-10-RGB-2V Galaxy@)Outdoor Electronic Message Center- 1 $146,980.00 GT6x Series -10mm RGB; 2V Interconnect Cable Length Is 26 Feet; Includes Spare Parts Kit Matrix: 252 lines by 504 columns Line Spacing: 10mm LED Color: RGB-281 Trillion Colors Face Configuration: 2V-two one sided displays- same content View Angle: 140 degrees Horizontal x 70 degrees Vertical Cabinet Dimensions: 8'11"H X 17'4"W X 0' 11"D (Approx. Dimensions) Max Power: 8980 watts/display Weight: Unpackaged 1670 Ibs per display; Packaged 1820 Ibs per display Daktronics Verizon Modem, Daktronics Verizon 4G Cellular Modem Only- 1 4G, Ethernet Requires Daktronics Verizon Cellular Data Plan Daktronics System Installation Attachment support system drawings 1 Drawings>100 Daktronics System Electrical Power and control system drawings 1 Drawings>100 Daktronics System Certified Engineered stamped drawings for footing and 1 Structural Drawings>100 beams System Startup Final Commissioning of Equipment 1 2 FREIGHT Shipping to site via Independent Carrier 1 $5,980.00 (flatbed trailer). Crane or telehandler required for unloading. 3 Physical Installation See attachment A. 1 $39,490.00 4 Bonds 1 $1,260.00 5 Taxes Subject to change-10.1% 1 $19,564.71 Services 6 G5G5-Gold Warranty Five(5)Year Gold coverage 1 Venus@ Control Suite Basic Secure, web-based software that enables display 1 10-Year Subscription management anytime, anywhere via internet connection. VenusO Control Suite Venus@ self guided training videos. (English only.) 1 Training Onboarding Daktronics, Inc. Quote#815276-1 Rev 3 201 Daktronics Drive Brookings, SD 57006 USA www d;;ktrnnir..-mrn Page 1 of 4 ���� DAKTRONICS e • Daktronics Verizon Lifetime Daktronics Verizon Lifetime 4G Cellular Data Plan 1 4G Cellular Data Plan for Per Modem,for Venus Control Suite on Displays VCS, 10OK-300K Pixels 100K-300K pixels. Excludes streaming data feeds and diagnostics. On-site Labor One Year Extended Service for on-site labor 1 coverage Venus®Control Suite-One- Customized Venus® training in a live,web- 1 on-One Webinar based, conference call format using the customer's phone&computer. (English only.) Total Price Including Applicable Tax: $213,274.71 Please reference listed sales literature: DD1569120 for On-site Labor, DD3512730 for Daktronics Verizon Modem,4G,Ethernet,DD4008961 for GT6x- 252X504-10-RGB-2V,SL-05659 for G5G5-Gold Warranty Please reference listed shop drawings: DWG-04713014 for GT6x-252X504-10-RGB-2V Daktronics, Inc. Quote#815276-1 Rev 3 201 Daktronics Drive Brookings, SD 57006 USA www rinktrnnin-,nnm Page 2 of 4 ._..�_,.... DAKTRONICS Q • Leasing Program If your purchase exceeds$25,000,you may qualify for our leasing program allowing you more flexibility to spread out the cost of your Daktronics display over of a period up to five(5)years. Benefits of our leasing program include fixed rate financing,non-appropriation clause,no prepayment penalty,and customizable payment schedules.Plus,at the end of the lease,the equipment is yours to keep with no additional balloon payments. Sample payment options as follows: $50,000 in total equipment cost=$11,285 per year $100,000 in total equipment cost=$22,568 per year $250,000 in total equipment cost=$56,420 per year **Payments based on 5 year/annual payment in advance structure. Leasing is subject to credit approval and agreed upon documentation with Daktronics lending partner. Contact your Daktronics representative for additional options and details. Exclusions: -Foundation -Power -Hoist -Engineering Certification -Signal Conduit -Labor to Pull Signal Cable -Applicable Permits -Electrical Switch Gear or Distribution Equipment -Front End Equipment Unless expressly stated otherwise in this Quote#815276-1 Rev 3 or the attachments,if Daktronics performs installation of the Equipment,the price quoted does not include the following services pertaining to physical installations:digging of footings(including dirt removal),any materials fabrication,installation of steel cages,rebar,or bolt attachments,or pouring and finishing of concrete footings.Those service may be provided for an additional cost beyond the quoted price.Purchaser shall be fully responsible for any and all additional costs plus overhead in the event anything unexpected of any nature whatsoever is found while digging the footings including but are not limited to rock,water,utility lines,pipes or any other unforeseen circumstance.The Purchaser acknowledges and agrees that it is fully responsible for all site conditions. Prices and charges are subject to change by Daktronics at any time before the final agreement between the parties is effective.Ship Date will be determined after customer purchase order is received or agreement is signed or otherwise effective,shop drawings are approved(if required)and down payment is received(if required). Installation Responsibilities: If applicable please reference Attachment A for Installation Responsibilities. Ad/ID Copy Approval Process Customer shall provide digital artwork for advertising and identification panels,conforming to Daktronics'graphic file standards, at the time of order. Daktronics will create a proof of provided artwork and require approval of that proof three weeks prior to the initial anticipated ship date.Advertising and identification panels not approved in time,will be shipped without copy in Daktronics'standard finish. a ,If Boy Da�� Brady Jacobsen Gary Delaney PHONE: 605-695-8079 PHONE: 605-692-0200 FAX: 605-697-4746 FAX: 605-692-0381 EMAIL: Brady.Jacobsen@daktronics.com EMAIL: Gary.Delaney@daktronics.com Terms And Conditions: The Terms and Conditions which apply to this order available on request. SL-02374 Standard Warranty and Limitation of Seller's Liability (www.daktronics.com/terms—conditions/SL-02374.pdf) SL-02375 Standard Terms and Conditions of Sale (www.daktronics.com/terms_conditions/SL-02375.pdf) SL-07862 Software License Agreement (www.daktronics.com/terms—conditions/SL-07862.pdf) Additional Links: Wireless Service Addendum (www.daktronics.com/TermsConditions/DD3956286) Acceptance: The parties acknowledge and agree that the agreement(the"Agreement")is comprised of the terms and conditions contained within this quote and any attachments thereto, along with the documents at the website addresses above.Purchaser hereby agrees to purchase the equipment as defined in the Agreement.Purchaser acknowledges having had the opport nu! meaas-tn_review the Agreement.The Agreement represents the entire agreement of the parties and supersede any previous understanding or agreS. entsr a Undersigned has actual authority to execute this document and Daktronics is relying on such authority.Purchaser acknowledges and agrees to the above,as raenced by its attestatio below. Custo er ' nattire Date VA Print Name Title Daktronics, Inc. Quote#815276-1 Rev 3 201 Daktronics Drive Brookings, SD 57006 USA www riaktrnnir..-rnm Page 3 of 4 �- g PROJECT INFORMATION - REQUIRED TO PLACE YOUR ORDER This document is for order processing purposes only and is not intended to be part of the Agreement Daktronics Quote # 815276-1-3 Purchase Order Information: PO# PO Date Purchaser(Bill To) herby confirms that the equipment is to be delivered to (Ship To) and may be installed by Purchases or Daktronics,as indicated elsewhere herein,at the address (Installation Location) indicated below unless otherwise specified. SHIP TO: (delivery location) INSTALLATION LOCATION: (end user) ID# Company: Per Daktronics PM Company: Accesso Showare Center Contact: Contact: Street Address: Street Address: 625 W JAMES STREET City: City: KENT State: WA Zip: State: WA Zip: 98032 Telephone: Telephone: Email: (for shipping notification) Email: (for order acknowledgement) Additional Email: (for shipping notification) Training Contact & Email: (if applicable) BILL TO: (receive and pay invoices) ID# ***VENIiUS SOFTWARE INFORMATION"* City of Kent This is a new Venus account Company: (Daktronics will create and send the credentials) Accounts Payable Contact: R Please add users and display to existing Venus account Street Address: 400 W Gowe City: KENT Acct Name or Number: ShoWare Center State: WA Zip: 98032 Display Name: Telephone: 253-856-6706 Email: Primary Contact-Account Administrator - - - - - - - - - *Email: - - - - Name: Phone: ***LOGO & AD COPY APPROVAL*** Secondary Contact-Account Administrator (if applicable) *Email: Name: na Name: Email: na Phone: **Logos, Graphics, or Sponsor Advertisements** Vector files must be submitted with your order documents, not to exceed 1 week of order placement. If artwork is no received, the panels will be painted the same as your scoreboard or display and shipped blank. 201 Daktronics Drive PO Box 5128 Brookings,SD 57006-5128 800-325-8766 605-692-0200 fax 605-697-4700 www.daktronics.com email sales@daktronics.com DAKTRONICS DAKTRONICS QUOTE # 815276-1 -3 MAIN ATTACHMENT A CUSTOMER RESPONSIBILITIES General 1) Secure necessary sign permits,as required. 2) Customer is responsible to ensure the existing structure/building is adequate,including any necessary modifications,for the installation of the Equipment,including but not limited to (i) obtaining certified engineer drawings to the extent required by law and (ii) providing Daktronics, upon reasonable request, documentation relating to the existing structure and modifications necessary for Daktronics perform its work. 3) Mark location of the new Equipment as delineated in the quote. 4) Provide all landscaping,track,sidewalk and path protection along with site restoration, and/or sprinkler system repair work. Structures 1) Paint existing support structure. Electrical& Data 1) Provide distribution panel in south electrical room with adequate capacity to supply needed power to marquee displays. Product/Equipment 1) Provide storage of all Equipment and control equipment in a safe,dry, and secure location until installation. 2) Provide high speed internet connection to control room equipment. 3) Required power outlets on clean dedicated circuit(s) for all control equipment. DAKTRONICS RESPONSIBILITIES General 1) Secure necessary construction permits, as required. 2) Removal and disposal of existing equipment. 3) Provide payment and performance bond. 4) Provide engineering of secondary structure as required. 5) Provide electrical engineering as required. Structures 1) Steel fabrication and erection of sub-structure for Equipment mounting. 2) Paint new support structure provided in this quotation. 3) No modifications of primary structure has been included. Electrical& Data 1) Provide secondary power conduits, power cable and power hook-up from five (5) feet off grade on structure to all Daktronics supplied load centers/termination panel at/within the Equipment. 2) Provide and install cellular communication kit. 3) Reroute two (2) existing circuits from existing distribution panel to new panel in the south electrical room. Provide and install two (2) 50A circuit breakers and bussing kits. The conductors installed from this distribution panel to the marquee structure is expected to be #8 wiring and be reused. No cost has been included to replace the conductors. Product/Equipment 1) Accept,lift, unload, and inspect all Equipment and control equipment from carrier. 2) Lift and mount Equipment listed in this quotation. 3) Top and bottom flashing will be replaced with ventilated material. QUALIFICATIONS/CLARIFICATIONS 1) Access: Daktronics requires unobstructed access to Equipment and control room installation site until display is 100%. Installation equipment (cranes, lifts,trucks, concrete trucks,etc.) are expected to have access directly to the scoreboard/structure location. No concrete pumping, concrete buggies,or crane picks over 10'distance from scoreboard structure are included. Attachment A Page 1 of 2 DAKTRONICS QUOTE # 815276-1 -3 MAIN ATTACHMENT A 2) Control Room Climate: Normal operating temperature should be between 40'to 90' Fahrenheit (40 to 32 Celsius). Normal operating humidity should be less than 80%non-condensing.Storage temperature should be between-100 to 105'Fahrenheit (-230 to 41°Celsius).Storage humidity should be less than 95%non- condensing. Keep computers and monitors out of direct sunlight during storage.Allow control equipment taken out of storage to return to operating temperature range prior to turning it on (24 hours recommended). 3) Electrical:The maximum voltage is 120 volts line to neutral for all Equipment in this quotation. 4) Existing Conduit: Costs to repair or replace damaged or obstructed conduit have not been included in this quote. 5) Project Scope: Installation pricing may not comply with all bid specifications, divisions,or drawings. Installation pricing is based on the tasks identified above. Any change or addition to the tasks or descriptions may result in additional costs. 6) Damages and Wages: Liquidated damages and union labor have no been included in this installation pricing.Prevailing wages and certified payroll have been included with this installation pricing. Attachment A Page 2 of 2 i I i i EXHIBIT C INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on - ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: i 1. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following l provisions for Automobile Liability and Commercial General Liability insurance: j 1. The Contractor's insurance coverage shall be primary insurance as respect 1' the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and i shall not contribute with it. I 1 EXHIBIT C (Continued) 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. 7OT4128/2023N(MM/DDYYY) A�" 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 ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Marsh I U.S.Operations. MARSH USA LLC. E FA 333 South 7th Street,Suite 1400 AICNNo Exf: 866-966-4664 A/C No), E-MAIL Minneapolis,M Minneaois.CertRe P quest N 55402-2400 ADDRESS: @marsh.com INSURER(S)AFFORDING COVERAGE NAIC# CN1 01 850955--GAWU-22-23 INSURER A: Travelers Indemnity Co Of CT 25682 INSURED INSURER B: Travelers Indemnity Company of America 25666 Daktronics,Inc. 201 Daktronics Drive INSURER C: Travelers Property Casualty Co.of America 25674 PO Box 5128 INSURER D: Brookings,SD 57006-5128 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: CHI-010321357-00 REVISION NUMBER: o THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DDIYYYY MM/DDIYYYY A X COMMERCIAL GENERAL LIABILITY HE-660-117D6882-TCT-22 10/01/2022 10/01/2023 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X� OCCUR PREM SES(Ea occur ante) $ 1,000,000 MED EXP(Any one person) $ 15,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY JE� X� LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ C AUTOMOBILE LIABILITY HJCAP-117D6901-TIL-22 10/01/2022 10/01/2023 COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ C X UMBRELLA LIAB X OCCUR CUP-9P529745-22-I3 10/01/2022 10/01/2023 EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 DED X RETENTION$ 10000 $ B WORKERS COMPENSATION UB-9K396901-22-13-K (AOS) 10/01/2022 10/01/2023 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER C ANYPROPRIETOR/PARTNER/EXECUTIVE Y/N UB-9K250310-22-13-R(AZ,MA,WI) 10/01/2022 10101/2023 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? � N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project:ShoWare Center Marquee Replacement-Daktronics Quote 815276 City of Kent is included as additional insured(except workers compensation)where required by written contract.This insurance is primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured subject to policy terms and conditions. CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 220 Fourth Ave.S THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Kent,WA 98032 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA LLC �1,a3�sFi 'Lt a�4-L�-Lr� @ 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - AUTOMATIC STATUS IF REQUIRED BY WRITTEN CONTRACT (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to SECTION II — WHO IS AN (a) The Additional Insured — Owners, Les- INSURED: sees or Contractors — Scheduled Person Any person or organization that: or Organization endorsement CG 20 10 a. You agree in a written contract or agreement to 07 04 or CG 20 10 04 13, the Additional include as an additional insured on this Coverage Insured — Owners, Lessees or Contrac- Part; and tors — Completed Operations endorse- ment CG 20 37 07 04 or CG 20 37 04 13, b. Has not been added as an additional insured for or both of such endorsements with either the same project by attachment of an endorse- of those edition dates; or ment under this Coverage Part which includes such person or organization in the endorsement's (b) Either or both of the following: the Addi- schedule; tional Insured —Owners, Lessees or Con- tractors — Scheduled Person Or Organi- is an insured, but: zation endorsement CG 20 10, or the Ad- a. Only with respect to liability for "bodily injury" or ditional Insured — Owners, Lessees or "property damage" that occurs, or for "personal Contractors — Completed Operations en- injury" caused by an offense that is committed, dorsement CG 20 37, without an edition subsequent to the signing of that contract or date of such endorsement specified; agreement and while that part of the contract or the person or organization is an additional in- agreement is in effect; and sured only if the injury or damage is caused, b. Only as described in Paragraph (1), (2) or(3) be- in whole or in part, by acts or omissions of low, whichever applies: you or your subcontractor in the performance (1) If the written contract or agreement specifical- of "your work" to which the written contract or ly requires you to provide additional insured agreement applies; or coverage to that person or organization by (3) If neither Paragraph (1) nor(2) above applies: the use of: (a) The person or organization is an addi- (a) The Additional Insured — Owners, Les- tional insured only if, and to the extent sees or Contractors — (Form B) endorse- that, the injury or damage is caused by ment CG 20 10 11 85; or acts or omissions of you or your subcon- (b) Either or both of the following: the Addi- tractor in the performance of "your work" tional Insured —Owners, Lessees or Con- to which the written contract or agree- tractors — Scheduled Person Or Organi- ment applies; and zation endorsement CG 20 10 10 01, or (b) Such person or organization does not the Additional Insured —Owners, Lessees qualify as an additional insured with re- or Contractors — Completed Operations spect to the independent acts or omis- endorsement CG 20 37 10 01, sions of such person or organization. the person or organization is an additional in- The insurance provided to such additional insured is sured only if the injury or damage arises out subject to the following provisions: of"your work" to which the written contract or a. If the Limits of Insurance of this Coverage Part agreement applies; shown in the Declarations exceed the minimum (2) If the written contract or agreement specifical- limits required by the written contract or agree- ly requires you to provide additional insured ment, the insurance provided to the additional in- coverage to that person or organization by sured will be limited to such minimum required the use of: limits. For the purposes of determining whether CG D6 04 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 1 of 2 COMMERCIAL GENERAL LIABILITY this limitation applies, the minimum limits required result in a claim. To the extent possible, such by the written contract or agreement will be con- notice should include: sidered to include the minimum limits of any Um- (a) How, when and where the "occurrence" brella or Excess liability coverage required for the or offense took place; additional insured by that written contract or (b) The names and addresses of any injured agreement. This provision will not increase the persons and witnesses; and limits of insurance described in Section III — Limits Of Insurance. (c) The nature and location of any injury or b. The insurance provided to such additional insured damage arising out of the "occurrence" or does not apply to: offense. (1) Any "bodily injury", "property damage" or (2) If a claim is made or "suit" is brought against "personal injury" arising out of the providing, the additional insured: or failure to provide, any professional archi- (a) Immediately record the specifics of the tectural, engineering or surveying services, claim or"suit" and the date received; and including: (b) Notify us as soon as practicable and see (a) The preparing, approving, or failing to to it that we receive written notice of the prepare or approve, maps, shop draw- claim or"suit" as soon as practicable. ings, opinions, reports, surveys, field or- (3) Immediately send us copies of all legal pa- ders or change orders, or the preparing, pers received in connection with the claim or approving, or failing to prepare or ap- "suit", cooperate with us in the investigation prove, drawings and specifications; and or settlement of the claim or defense against (b) Supervisory, inspection, architectural or the "suit", and otherwise comply with all policy engineering activities. conditions. (2) Any "bodily injury" or "property damage" (4) Tender the defense and indemnity of any caused by "your work" and included in the claim or "suit" to any provider of other insur- "products-completed operations hazard" un- ance which would cover such additional fin- less the written contract or agreement specifi- sured for a loss we cover. However, this con- cally requires you to provide such coverage dition does not affect whether the insurance for that additional insured during the policy provided to such additional insured is primary period. to other insurance available to such additional c. The additional insured must comply with the fol- insured which covers that person or organiza- lowing duties: tion as a named insured as described in Par- (1) Give us written notice as soon as practicable agraph 4., Other Insurance, of Section IV — of an "occurrence" or an offense which may Commercial General Liability Conditions. Page 2 of 2 ©2017 The Travelers Indemnity Company.All rights reserved. CG D6 04 02 19 HJCAP-117D6901-TIL-22 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF B. BLANKET ADDITIONAL INSURED USE—INCREASED LIMIT C. EMPLOYEE HIRED AUTO I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY E. SUPPLEMENTARY PAYMENTS — INCREASED K. AIRBAGS LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR F. HIRED AUTO — LIMITED WORLDWIDE COV- LOSS ERAGE—INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that The following is added to Paragraph A.1., Who Is person or organization qualifies as an "insured" An Insured, of SECTION II — COVERED AUTOS under the Who Is An Insured provision contained in Section II. LIABILITY COVERAGE: Any organization you newly acquire or form dur- C. EMPLOYEE HIRED AUTO ing the policy period over which you maintain 1. The following is added to Paragraph A.1., 50% or more ownership interest and that is not Who Is An Insured, of SECTION II — COV- separately insured for Business Auto Coverage. ERED AUTOS LIABILITY COVERAGE: Coverage under this provision is afforded only un- An "employee" of yours is an "insured" while til the 180th day after you acquire or form the or- operating an "auto" hired or rented under a ganization or the end of the policy period, which- contract or agreement in an "employee's" ever is earlier. name, with your permission, while performing duties related to the conduct of your busi- B. BLANKET ADDITIONAL INSURED ness. The following is added to Paragraph c. in A.1., 2. The following replaces Paragraph b. in B.S., Who Is An Insured, of SECTION II — COVERED Other Insurance, of SECTION IV — BUSI- AUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS: Any person or organization who is required under b. For Hired Auto Physical Damage Cover- a written contract or agreement between you and age, the following are deemed to be cov- that person or organization, that is signed and ered "autos"you own: executed by you before the "bodily injury" or (1) Any covered "auto" you lease, hire, "property damage" occurs and that is in effect rent or borrow; and during the policy period, to be named as an addi- (2) Any covered "auto" hired or rented by tional insured is an "insured" for Covered Autos your "employee" under a contract in Liability Coverage, but only for damages to which an "employee's" name, with your CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO permission, while performing duties (a) With respect to any claim made or "suit" related to the conduct of your busi- brought outside the United States of ness. America, the territories and possessions However, any "auto" that is leased, hired, of the United States of America, Puerto rented or borrowed with a driver is not a Rico and Canada: covered "auto". (i) You must arrange to defend the "in- D. EMPLOYEES AS INSURED sured" against, and investigate or set- tle any such claim or "suit" and keep The following is added to Paragraph A.1., Who Is us advised of all proceedings and ac- An Insured, of SECTION II — COVERED AUTOS tions. LIABILITY COVERAGE: Any "employee" of yours is an "insured" while us- (ii) Neither you nor any other involved ing a covered "auto" you don't own, hire or borrow "insured" will make any settlement in your business or your personal affairs. without our consent. E. SUPPLEMENTARY PAYMENTS — INCREASED (iii) We may, at our discretion, participate LIMITS in defending the "insured" against, or in the settlement of, any claim or 1. The following replaces Paragraph A.2.a.(2), "suit". of SECTION II — COVERED AUTOS LIABIL- ITY COVERAGE: (iv) We will reimburse the "insured" for sums that the "insured" legally must (2) Up to $3,000 for cost of bail bonds (in- pay as damages because of "bodily cluding bonds for related traffic law viola- injury" or "property damage" to which tions) required because of an "accident" this insurance applies, that the "in- we cover. We do not have to furnish sured" pays with our consent, but these bonds. only up to the limit described in Para- graph C., Limits Of Insurance, of 2. The following replaces Paragraph A.2.a.(4), SECTION II — COVERED AUTOS of SECTION II — COVERED AUTOS LIABIL- LIABILITY COVERAGE. ITY COVERAGE: (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- cause of time off from work. tion of such claims and your defense of the "insured" against any such F. HIRED AUTO — LIMITED WORLDWIDE COV- "suit", but only up to and included ERAGE—INDEMNITY BASIS within the limit described in Para- The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory, SECTION II — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to (5) Anywhere in the world, except any country or make such payments ends when we have used up the applicable limit of jurisdiction while any trade sanction, em- insurance in payments for damages, bargo, or similar regulation imposed by the settlements or defense expenses. United States of America applies to and pro- hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured" whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less (c) This insurance is not a substitute for re- and that is not an "auto" you lease, hire, rent quired or compulsory insurance in any or borrow from any of your "employees", country outside the United States, its ter- partners (if you are a partnership), members ritories and possessions, Puerto Rico and (if you are a limited liability company) or Canada. members of their households. Page 2 of 4 ©2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO You agree to maintain all required or (2) In or on your covered "auto". compulsory insurance in any such coun- This coverage applies only in the event of a total try up to the minimum limits required by theft of your covered "auto". local law. Your failure to comply with compulsory insurance requirements will No deductibles apply to this Personal Property not invalidate the coverage afforded by coverage. this policy, but we will only be liable to the K. AIRBAGS same extent we would have been liable The following is added to Paragraph B.3., Exclu- had you complied with the compulsory in- sions, of SECTION III — PHYSICAL DAMAGE surance requirements. COVERAGE: (d) It is understood that we are not an admit- Exclusion 3.a. does not apply to "loss" to one or ted or authorized insurer outside the more airbags in a covered "auto" you own that in- United States of America, its territories flate due to a cause other than a cause of "loss" and possessions, Puerto Rico and Can- set forth in Paragraphs A.1.b. and A.1.c., but ada. We assume no responsibility for the only: furnishing of certificates of insurance, or a. If that "auto' is a covered "auto" for Compre- for compliance in any way with the laws hensive Coverage under this policy; of other countries relating to insurance. b. The airbags are not covered under any war- G. WAIVER OF DEDUCTIBLE—GLASS ranty; and The following is added to Paragraph D., Deducti- c. The airbags were not intentionally inflated. ble, of SECTION III — PHYSICAL DAMAGE We will pay up to a maximum of $1,000 for any COVERAGE: one"loss". No deductible for a covered "auto' will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS replaced. The following is added to Paragraph A.2.a., of H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF SECTION IV—BUSINESS AUTO CONDITIONS : USE—INCREASED LIMIT Your duty to give us or our authorized representa- The following replaces the last sentence of Para- tive prompt notice of the "accident" or "loss" ap- graph A.4.b., Loss Of Use Expenses, of SEC- plies only when the "accident" or "loss" is known TION III—PHYSICAL DAMAGE COVERAGE : to: However, the most we will pay for any expenses (a) You (if you are an individual); for loss of use is $65 per day, to a maximum of (b) A partner(if you are a partnership); $750 for any one"accident". (c) A member (if you are a limited liability com- I. PHYSICAL DAMAGE — TRANSPORTATION pany); EXPENSES—INCREASED LIMIT (d) An executive officer, director or insurance The following replaces the first sentence in Para- manager (if you are a corporation or other or- graph A.4.a., Transportation Expenses, of ganization); or SECTION III — PHYSICAL DAMAGE COVER- (e) Any "employee" authorized by you to give no- AGE: tice of the"accident" or"loss". We will pay up to $50 per day to a maximum of M. BLANKET WAIVER OF SUBROGATION $1,500 for temporary transportation expense in- The following replaces Paragraph A.S., Transfer curred by you because of the total theft of a cov- Of Rights Of Recovery Against Others To Us, ered "auto' of the private passenger type. of SECTION IV — BUSINESS AUTO CONDI- J. PERSONAL PROPERTY TIONS : The following is added to Paragraph AA., Cover- S. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III — PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Personal Property against any person or organization to the ex- tent required of you by a written contract We will pay up to $400 for "loss" to wearing ap- signed and executed prior to any "accident" parel and other personal property which is: or 'loss", provided that the "accident" or "loss" (1) Owned by an "insured"; and arises out of operations contemplated by CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col- The following is added to Paragraph B.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non-renewal. SECTION IV—BUSINESS AUTO CONDITIONS : Page 4 of 4 ©2015 The Travelers Indemnity Compa ny.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission.