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MUSCO Sport Lighting/KCDA (King County Directors Association) - 070218
-934. .1 3.4 �-� AGREEMENT BETWEEN Jefferson County Department of Public Works ("CLIENT"), KING COUNTY DIRECTOR'S ASSOCIATION AND CONTRACTOR This AGREEMENT is made as of the day of_May_, 20_18_, between the public entity_ Jefferson County Department of Public Works _("Client"), 623 Sheridan Street, Port Townsend, WA 98368 King County Directors Association(KCDA), Street Address: 18639 - 80th Ave S, Kent, WA 98032 and the Contractor: _Musco Lighting_ This Agreement supplements the King County Directors'Association("KCDA") Purchase Order Number 4111783_("Purchase Order") for the Client. A general description of the Project is: Provide Athletic Field Lighting For the Fields at Memorial Park in Jefferson County. The Architect/Engineer("A/E"), if any, is: ( "///). The Client, KCDA, and Contractor agree as set forth below. ARTICLE 1 THE WORK 1.1 This Agreement provides supplemental terms and conditions to the Purchase Order and is incorporated by reference into the Purchase Order as if set forth in full therein. This Agreement shall be completed and executed for all KCDA projects that include any on-site construction activities. The Contractor shall fully execute and complete the entire Work described in the Contract Documents. ARTICLE 2 DATES OF COMMENCEMENT AND SUBSTANTIAL AND FINAL COMPLETION 2.1 The date of commencement of the Work(the date from which the Contract Time is measured) shall be the date established in a notice to proceed issued by the Client, unless a different date is stated below: 2.2 The Contractor shall achieve Substantial Completion of the entire Work no later than August 17th, 2018 and Final Completion no later than August 24`h, 2018, subject to adjustments of the Contract Time as provided in the Contract Documents. 2.3 Liquidated damages, if any, shall be $ 0 . 0 0, not app 1 i c ab 1 e per day for each calendar day after the Contract Time that Substantial Completion is not attained, and shall be paid to the Client. Agreement between Client, KCDA and Contractor- Washington REV 03072018mp 20122115_1.DOC Page 1 ARTICLE 3 CONTRACT SUM 3.1 KCDA shall pay the Contractor for the Contractor's performance of the Contract the Contract Sum of Two Hundred Seventy Two Thousand, Seven Hundred Sixty Dollars ($_272,760.00 ), subject to additions and deductions as provided in the Contract Documents. Sales tax is not included in the Contract Sum and shall be added to the invoice between the Contractor and KCDA and to the invoice between KCDA and the Client. The contract sum has been derived from the contractor's bid to KCDA directly, or to KCDA through the Association of Educational Purchasing Agencies (AEPA) dated_February 20, 2015_, and is made up of the following components: KCDA Bid and Award Letter/Acceptance 3.2 The Contract Sum is based upon and includes the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Client: 3.3 Unit prices beyond those listed in the Contractor's Bid to KCDA, if any, are as follows: 3.4 Allowances, if any, are as follows: 3.5 If this Agreement is for a Project for the Contract Sum of one million dollars or more, complete below the names of the following subcontractors with whom the Contractor will subcontract for performance of the work: HVAC (heating, ventilation, and air conditioning) Plumbing as described in chapter 18.106 RCW Electrical as described in chapter 19.28 RCW. ARTICLE 4 PAYMENT 4.1 Whenever this Agreement states that KCDA will make payments,the parties agree that payment fram the Client to KCDA is a condition precedent to payment from KCDA to the Contractor and that KCDA will use such payments from the Client to pay Contractor. KCDA will make payments to the Contractor as provided below and elsewhere in the Contract Documents based upon Application(s) for Payment submitted by the Contractor and per Article 15. KCDA will schedule final payment, constituting the entire unpaid balance of the Contract Sum except statutory retainage,to the Contractor when the Work has achieved Final Completion, the Agreement has been fully performed,the Client's Board of Directors has accepted the Work, and the Client has agreed to receive billing from KCDA. The retainage shall be paid pursuant to RCW 60.28 and the Contract Documents. 4.2 Payments due and unpaid under the Agreement shall bear interest as specified by RCW 39.76, not to exceed the Bank of America prime rate plus 2%. Agreement between Client, KCDA and Contractor- Washington REV 03072018mp 20122115_1.DOC Page 2 ARTICLE 5 PERMITS AND FEES 5.1 The Client will secure and pay for the cost of any required building permit. The Client shall secure and pay for necessary approvals, easements, assessments and charges required for the use or occupancy of permanent structures or permanent changes in existing facilities. 5.2 The Contractor shall secure and pay, as a part of the Contract Sum, for all other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the construction of the Work. ARTICLE 6 PROPERTY INSURANCE 6.1 The Client shall insure the property in the amount of its insurable replacement cost, including additions and alterations, against"all risks" of physical loss. The policies may inure to the benefit of the Client only. The Contractor is at risk for all material and equipment not a permanent part of the structure. If the Client requires in writing that the Contractor procure property insurance it shall be paid for by a Change Order. The Contractor's insurance requirements are described in Article 17. 6.2 Upon the occurrence of an insured loss, the Client shall have the power to adjust and settle any loss with the insurers. ARTICLE 7 ENUMERATION OF CONTRACT DOCUMENTS The Contract Documents are enumerated as follows, except for modifications issued after execution of this Agreement: 7.1 KCDA Invitation to Bid Number . _15-406_or AEPA Invitation to Bid Number AEPA and all of the terms and conditions incorporated therein. 7.2 For AEPA bids, Washington, King County Directors' Association(KCDA) Additional Agency Terms and Conditions as listed in the AEPA Invitation to Bid. 7.3 KCDA Purchase Order Number 4111783 7.4 This executed Agreement between the Client and Contractor, including the attached General Conditions. 7.5 Any Supplementary and other Conditions of the Agreement, including the following requirements: Agreement between Client, KCDA and Contractor-Washington REV 03072018mp 20122115_1.DOC Page 3 7.6 The Specifications as follows: Section Title Pages p _ wt v S c 0 s L Al 7.7 The The Drawings as follows: Number Title Date The lighting layout (included in Exhibit A) shall serve as the drawings, which includes locations of poles and the photometric evaluations . F.E. IL7M U 'co S /-176-1- 7.8 .8 The Addenda(if any) as follows: P 4/1,1/SGO SUi'of /7-771'1- Number Date Pages 7.9 Department of Labor and Industries Prevailing Wage Rates: County: Effective Date: 7.10 Any other documents forming part of the Contract Documents and listed below: This Agreement entered into as of the day and year first written above. KING COUNTY DIRECTORS' ASSOCIATION CONT' • •R c By By (Signature) (Sig , ure) DAVID MAHALKO, Executive Director James M. Hansen, Secretary (Printed name and title) (Printed name and title) CLIENT Agaroved a t fo : tit C, Date: ` id By r 74 y Philip C.Hunsucker,Chief Civil Deputy Prosecuting Attorney '� o `"''� Jefferson County Prosecuting Attorney's Office (Signature) Agreement between Client,KCDA and Contractor- Washington REV 03072018mp 20122115_1.DOC Page 4 GENERAL CONDITIONS ARTICLE 8 ARTICLE 9 THE CONTRACT DOCUMENTS ADMINISTRATION OF THE AGREEMENT 8.1 The intent of the Contract Documents is to 9.1 The Client, with assistance from the A/E, include all items necessary for the proper execution and will provide administration of the Agreement. The Client completion of the Work by the Contractor. The Contract must approve in writing all changes in the Contract Sum or Documents are complementary, and what is required by one is Time and all Change Orders, Construction Change Directives, as binding as if required by all. Performance by the and payments to the Contractor. Contractor is required to the extent consistent with the Contract Documents and reasonably inferable from them as 9.2 No representative of KCDA, the Client, or being necessary to produce the intended results. the A/E is authorized to revoke, alter, enlarge,relax or release any requirements of the Contract Documents, nor to approve 8.2 The Contract Documents shall not be or accept any portion of the Work whether or not executed in construed to create a contractual relationship of any kind accordance with, nor to issue instructions contrary to the between either the Client or KCDA and a Subcontractor of Contract Documents. All warranties, guarantees, and any tier, or between any persons or entities other than the certificates shall inure to the benefit of the Client. Client,KCDA,and Contractor. 9.3 The Client or the A/E may disapprove, 8.3 The term "Work" means the construction condemn or reject work when, in its opinion, the Work does and services required by the Contract Documents, whether not conform to the Contract Documents. The Client or the completed or partially completed, and includes all other labor, A/E may require special inspection or testing of any Work in materials, equipment and services provided or to be provided accordance with the provisions of the Contract Documents by the Contractor to fulfill the Contractor's obligations. The whether or not such Work is then fabricated, installed or Work may constitute the whole or a part of the Project. completed. 8.4 The term "A/E" means the entity listed as 9.4 The Client or the A/E may call, schedule such on the first page of this Agreement, if any. The A/E may and conduct job meetings, which the Contractor and be an architect, engineering or similar company, or consultant, representatives of its Subcontractors shall attend, to discuss and is not necessarily a licensed architect or engineer. If such matters as procedures, progress, problems and "None" or "N/A" is listed for the A/E, then the Client or its scheduling. designated representative will perform all of the functions of the A/E described herein. The A/E is not an agent of the 9.5 The Client, KCDA, and the A/E may visit Client or KCDA,and is not authorized to speak on behalf of or the site at intervals each considers appropriate to the stage of bind the Client or KCDA. the Work to become generally familiar with the progress and 8.5 The Contractor's execution of the quality of the completed Work. However, none of them will Agreement is a representation and acknowledgement that the be required to make exhaustive or continuous on-site Contractor has visited the site and become familiar with the inspections to check the quality or quantity of the Work. local conditions under which the Work is to be performed,that the Contract Sum is reasonable compensation for all the Work, ARTICLE 10 and that the Contract Time is adequate for the performance of THE CONTRACTOR the Work. The Contractor's execution of the Agreement is a further representation and acknowledgement that the 10.1 The Contractor shall perform, supervise and Contractor has carefully checked and verified all pertinent direct the Work,using the Contractor's best skill and attention. figures and examined the Contract Documents and the Project The Contractor shall be solely responsible for and have control site, including any existing structures, and that it has satisfied over construction means, methods, techniques, sequences, itself as to the nature, location, character, quality and quantity personnel and procedures, for safety, and for coordinating all of the Work, the labor, materials, equipment, goods, supplies, portions of the Work under the Agreement. The Contractor work, services and other items to be furnished, and all other shall be an independent contractor in the performance of the requirements of the Contract Documents, as well as the Work and shall have complete control over and responsibility surface conditions and other matters that may be encountered for all personnel performing the Work. The Contractor is not at the Project site or affect performance of the Work or the cost or difficulty thereof. authorized to enter into any agreements or undertakings for or on behalf of KCDA or the Client or to act as or be an agent or 8.6 KCDA is an intended third-party beneficiary employee of KCDA or the Client. of this Agreement and may enforce all of its terms directly against the Contractor. Contractor hereby assigns to the Client 10.2 The Contractor shall provide and pay for all all manufacturers'warranties. labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and Agreement between Client and Contractor- Washington 20122115_I.DOC Page 5 completion of the Work, whether temporary or permanent and similar submittals required by the Contract Documents. The whether or not incorporated or to be incorporated in the Work. Work shall be in accordance with approved submittals. 10.3 Workers. The Contractor shall enforce 10.8 Progress Schedule. Within seven days of strict discipline and good order among the Contractor's execution of this Agreement, the Contractor shall submit a employees and other persons carrying out the Work. The preliminary schedule of the Work to the Client. Failure to do Contractor shall not permit employment of unfit persons or so shall constitute a material breach of the Contract and a persons not skilled in tasks assigned to them. The Contractor material breach of the conditions of the bid bond. Within shall be responsible to KCDA and the Client for the acts and thirty days after execution of the Agreement, and before any omissions of the Contractor's employees,Subcontractors of progress payment need be made, the Contractor, after any tier and their agents and employees, and other persons consultations with its Subcontractors, shall submit a Progress performing portions of the Work under a contract with the Schedule to the Client. Neither the Client nor the A/E will, Contractor. At no change to the Contract Sum or Contract however, be required to review or approve the substance or Time,the Client may provide written notice requiring the sequence of the Progress Schedule, which are the Contractor's Contractor to remove from the Work any employee or other sole responsibility. The Contractor will be responsible for person carrying out the Work that the Client considers planning, scheduling, managing, and reporting the progress of objectionable. If the Work is being performed at a site in the Work in accordance with all of the specific methods and active school use or where there is a likelihood of contact with submittals described in the Contract Documents. The children,a person shall be unfit and removed from the site if Contractor shall use the Contract Schedule to plan,coordinate, he or she has pled guilty to or has been convicted of any and prosecute the Work in an orderly and expeditious manner. felony crime involving the physical injury or death of a child (RCW 9A.32 or RCW 9A.36 but not RCW 46.61--motor 10.9 Clean-Up. The Contractor shall keep the vehicle violation),the physical neglect of a child(RCW premises and surrounding area free from accumulation of 9A.42), sexual offenses against a minor(RCW 9A.44),sexual waste materials or rubbish caused by operations under the exploitation of a child(RCW 9.68A),the sale or purchase of a Agreement. Upon completion of Work or at the Client's minor child(RCW 9A.64.030),promoting prostitution of a request, the Contractor shall remove from and about the child(RCW 9A.88),or violation of similar laws of another Project waste materials, rubbish, the Contractor's tools, jurisdiction. Failure to comply with this section shall be construction equipment, machinery and surplus materials. If grounds for the immediate termination of this Agreement. the Contractor fails to do so,the Client may do so and charge to the Contractor all costs incurred. 10.4 Warranty. The Contractor warrants that materials and equipment furnished under the Agreement will 10.10 Access. The Contractor shall provide be of good quality and new, that the Work will be performed KCDA, the Client, and the A/E access to the Work wherever in a workmanlike manner,free from defects not inherent in the located. quality required or permitted, and that the Work will conform to the requirements of the Contract Documents. Work not 10.11 Royalties and Patents. The Contractor conforming to these requirements, including substitutions not shall pay all royalties and license fees, shall defend suits or properly approved and authorized, is defective. The claims for infringement of patent rights and shall hold KCDA, Contractor's warranty excludes remedy for damage or defect the Client,and the A/E harmless from loss on account thereof, caused by abuse, modifications not executed by the unless the Contract Documents require the particular design, Contractor, improper or insufficient maintenance, improper process or product of a particular manufacturer or operation,or normal wear and tear under normal usage. manufacturers. 10.5 Taxes and Fees. In accordance with 10.12 Indemnification. Subject to the following Article 3, KCDA shall invoice the Client and pay all sales tax. conditions and to the fullest extent permitted by law, the The Contractor shall pay all other consumer, use, B & 0, and Contractor shall defend, indemnify,and hold harmless KCDA, other similar taxes that are legally enacted when bids are the Client,and the A/E and their respective agents,employees, received, whether or not yet effective or merely scheduled to consultants, successors and assigns ("Indemnified Parties") go into effect. from and against all claims, damages, losses and expenses, direct and indirect, or consequential, including but not limited 10.6 Legal Compliance. The Contractor shall to costs and attorneys' fees incurred on such claims and in comply with and give notices required by laws, ordinances, proving the right to indemnification,arising out of or resulting rules, regulations, and lawful orders of public authorities from performance of the Work, any act or omission of the bearing on performance of the Work. The Contractor shall Contractor, its agents, any of its Subcontractors of any tier, promptly notify KCDA, the Client, and A/E in writing if the and anyone directly or indirectly employed by the Contractor Contractor observes the Drawings and Specifications to be at or Subcontractors of any tier ("Indemnitor"). The Contractor variance with them. will fully indemnify the Indemnified Parties for the sole negligence of the Indemnitor. The Contractor will indemnify 10.7 Submittals. The Contractor shall review, the Indemnified Parties for the concurrent negligence of the approve and submit to the Client or A/E with reasonable Indemnitor to the extent of the Indemnitor's negligence. The promptness Shop Drawings, Product Data, Samples and Contractor agrees to being added by KCDA or the Client as a Agreement between Client and Contractor- Washington 20122115_1.DOC Page 6 party to any mediation, arbitration, or litigation with third 10.16 Contractor shall maintain and preserve for at parties in which KCDA or the Client alleges indemnification least three years from the date of final payment books, ledgers, or contribution from an Indemnitor. The Contractor agrees records, documents, estimates, correspondence, logs, that all of its Subcontractors of any tier will, in the schedules, electronic data and other evidence pertaining to the subcontracts, similarly stipulate; in the event any does not, the costs incurred by the Contractor in connection with or related Contractor shall be liable in place of such Subcontractor(s). to the Agreement("records")to such extent and in such detail To the extent a court or arbitrator strikes any portion of this as will properly reflect and fully support all costs, charges and indemnification provision for any reason, all remaining other amounts of whatever nature for which reimbursement or provisions shall retain their vitality and effect. payment is or may be claimed under the Contract. Contractor agrees to make available at all reasonable times at the office of 10.13 Prevailing Wages. the Contractor all such records for inspection, audit and reproduction (including electronic reproduction) by KCDA 10.13.1 Pursuant to RCW 39.12, no worker, laborer, and the Client and their representatives. These requirements or mechanic employed in the performance of any part of this shall be applicable to each Subcontractor of any tier and Agreement shall be paid less than the "prevailing rate of included in each Subcontract and purchase order issued with wage"(in effect as of the date that bids are due)as determined respect to the Work. The Contractor agrees, on behalf of by the Industrial Statistician of the Department of Labor and itself, its representatives, and Subcontractors of any tier and Industries, ESAC Division, PO Box 44540, Olympia, WA their representatives, that any rights under RCW 42.56.070 98504-4540, Telephone (360) 902-5335. The schedule of the will commence at Final Acceptance,and that the invocation of prevailing wage rates for the locality or localities where this such rights at any time by the Contractor or a Subcontractor of Work will be performed are determined as of the Bid Date for any tier or their representatives shall initiate an equivalent the county in which the Project is located and are available at right to disclosures from the Contractor and Subcontractors of http://www.lni.wa.gov/TradesLicensing/PrevWage/Wage any tier for the benefit of KCDA and the Client. Rates/default.asp and are made a part of this Agreement by reference as though fully set forth herein. A copy is available ARTICLE 11 for viewing at the Client's office, and a hard copy will be SUBCONTRACTORS mailed upon request. To the extent that there is any discrepancy between the referenced schedule of prevailing 11.1 A "Subcontractor" is a person or entity that wage rates and the published rates as are applicable under has a direct contract with the Contractor to perform a portion WAC 296-127-011, the published rates shall apply at no of the Work at the site or to supply materials or equipment. A increase to the Contract Sum. The Contractor shall provide "Subcontractor of any tier" includes Subcontractors as well as the respective Subcontractors with a schedule of the applicable all direct and lower level sub-subcontractors and suppliers. prevailing wage rates. The Industrial Statistician will answer questions relating to prevailing wage data upon request. 11.2 As soon as practicable after award of the Agreement, the Contractor shall confirm in writing to KCDA 10.13.2 Pursuant to RCW 39.12.060, in case any and the Client the names of the Subcontractors for each dispute arises as to what are the prevailing rates of wages for portion of the Work. The Contractor shall not contract with work of a similar nature, and such dispute cannot be adjusted any Subcontractor to whom the Client has made reasonable by the parties in interest, including labor and management and timely objection or different from the one listed in representatives, the matter shall be referred for arbitration to conjunction with the bid. Contracts between the Contractor the director of the Department of Labor and Industries, whose and Subcontractors shall (1) require each Subcontractor to be decision therein shall be final and conclusive and binding on bound to the Contractor by the terms of the Contract all parties involved in the dispute. Documents to the extent of the Work to be performed by the Subcontractor and to assume toward the Contractor all the 10.13.3 The Contractor shall defend, indemnify,and obligations and responsibilities which the Contractor, by the hold KCDA and the Client harmless,including attorneys' fees, Contract Documents, assumes toward KCDA and the Client, from any violation or alleged violation of RCW 39.12 and (2) allow to the Subcontractor the benefit of all rights, ("Prevailing Wages on Public Works") or RCW 51 remedies and redress afforded to the Contractor by these ("Industrial Insurance"), including without limitation RCW Contract Documents. 51.12.050,by the Contractor or any Subcontractor of any tier. 11.3 The Contractor shall promptly pay (and 10.14 The Contractor shall comply with all secure the discharge of any liens asserted by) all persons applicable provisions of RCW 49.28. properly furnishing labor, equipment, materials or other items in connection with the performance of the Work (including, 10.15 Pursuant to RCW 49.70 and WAC 296-62- but not limited to, any Subcontractors). The Contractor shall 054 et seq., the Contractor shall provide KCDA and the Client furnish to KCDA and the Client such releases of liens and copies of and have available at the Project Site a workplace claims and other documents as KCDA or the Client may survey or material safety data sheets for all "hazardous" request from time to time to evidence such payment (and chemicals under the control or use of Contractor or any discharge). KCDA may, at its option, withhold payment, in Subcontractor at the Project Site. whole or in part,to the Contractor until such documents are so furnished. The Contractor shall defend, indemnify, and hold Agreement between Client and Contractor- Washington 20122115_1.roc Page 7 harmless KCDA and the Client from any liens, including all 13.2 Changes in the Work shall be priced using expenses and attorneys' fees. Nothing in the Contract the Contractor's unit prices and/or R.S. Means pricing as Documents shall create any obligation on the part of KCDA, submitted in its Bid to KCDA or AEPA. If no such unit prices the Client, or A/E to pay or to see to the payment of any are listed for the Changes in the Work, and if the parties moneys due any Subcontractor of any tier or other person or cannot agree on the cost or credit to KCDA and the Client entity, except as may otherwise be required by laws and from a Change in the Work, the Contractor shall keep and regulations. present, in such form as KCDA or the Client may prescribe,an itemized accounting together with supporting data. The total ARTICLE 12 cost of any Change or Claim shall be limited to the reasonable CONSTRUCTION BY CLIENT OR BY value of the following: SEPARATE CONTRACTORS 13.2.1 Direct labor costs: The effective 12.1 The Client reserves the right to perform W.D.O.L.&I. prevailing hourly wage for the laborers, construction or operations related to the Project with the journeymen, and foremen performing and/or directly Client's own forces and to award separate contracts in supervising the Changed Work on the site. The premium connection with other portions of the Project or other portion of overtime wages may not be included unless pre- construction or operations on the site under conditions of the approved in writing by the Client. The hourly cost shall be contract identical or substantially similar to those of the based upon basic wages and mandatory fringe benefits and Contract Documents. workers'insurances. 12.2 The Contractor shall afford the Client and 13.2.2 Direct material costs: An itemization of the separate contractors reasonable opportunity for the quantity of materials necessary to perform the Change in the introduction and storage of their materials and equipment and Work and the net cost therefor. performance of their activities, and shall connect and coordinate the Contractor's construction and operations as 13.2.3 Construction equipment usage costs: An required by the Contract Documents. itemization of the actual length of time construction equipment appropriate for the Work will be used solely on the ARTICLE 13 Change in the Work at the Site times the lower of the actual CHANGES IN THE WORK rental receipt or applicable current state, NECA, Data Quest, or MCA rental cost. Actual,reasonable mobilization costs are 13.1 The Client, without invalidating the permitted if the equipment is brought to the Site solely for the Agreement, may order changes in the Work consisting of Change in the Work. The rate for equipment necessarily additions, deletions or modifications ("Changes"), and the standing by for future use on the Work shall be 50% of the Contract Sum and Contract Time will be adjusted accordingly. rate established above. Changes in the Work, the Contract Sum and/or the Contract Time shall be authorized only by written Change Order signed 13.2.4 Cost of any change in insurance or bond by KCDA,the Client,the A/E and the Contractor or by written premium. Upon request, the Contractor shall provide KCDA Construction Change Directive signed by the Client and the and the Client with supporting documentation. A/E. 13.2.5 Subcontractor costs: Payments the 13.1.1 Change Orders. A Change Order is a Contractor makes to Subcontractors for Changed Work written instrument signed by KCDA, the Client, and the performed by Subcontractors of any tier. The cost of Work Contractor stating their agreement upon a change in the Work; for Subcontractors of any tier shall be determined in the same the amount of the adjustment in the Contract Sum, if any; and manner as prescribed in this Section 13.2. the extent of the adjustment in the Contract Time,if any. 13.2.6 Fee: The allowance for all combined 13.1.2 Construction Change Directives. A overhead, profit, and other costs, including all office, home Construction Change Directive is a written order prepared and office, extended and site overhead(including project manager, signed by the Client and the A/E that directs a change in the project engineer, superintendent and general foreman time), Work and states a proposed basis for adjustment, if any, in the and all delay and including impact costs of any kind, added to Contract Sum or Contract Time, or both. It shall be used in the total cost to the Client of any Change Order or any Claim the absence of total agreement on the terms of a Change for additional work or extra payment of any kind on this Order. The Contractor shall promptly proceed with the Project shall be calculated consistent with the provisions of the change in the Work described in the Construction Change KCDA contract. The change order must be signed by both the Directive. As soon as possible, and within seven days of Client and Contractor. receipt, the Contractor shall advise KCDA and the Client in writing of the Contractor's agreement or disagreement with the 13.3 Dispute Resolution. All claims, disputes cost or the method, if any, provided in the Construction and other matters in question of the Contractor, direct or Change Directive for determining the proposed adjustment in indirect, arising out of, or relating to, the Contract Documents the Contract Sum or Contract Time. or the breach thereof("Claims"), except Claims which have been waived under the terms of the Contract Documents,shall Agreement between Client and Contractor- Washington 20122115_1 DOC Page 8 be decided exclusively by the following dispute resolution procedure; claims that have been waived under the terms of 13.3.5 Litigation. The Contractor may bring no the Contract Documents are not permitted to be brought in any litigation on Claims unless such Claims have been properly forum. The Contractor shall diligently carry on the Work and raised and considered in the dispute resolution procedures of maintain the progress schedule during the dispute resolution Subparagraphs 13.3.1 through 13.3.4 above. All unresolved procedure, including any litigation proceedings, unless the Claims of the Contractor shall be waived and released unless parties mutually agree in writing otherwise. the Contractor has strictly complied with the time limits of the Contract Documents, and litigation is served and filed within 13.3.1 Notice of Claim. The Contractor shall the earlier of (a) 120 days after the Date of Substantial submit notice of all Claims to both KCDA and the Client in Completion as designated in writing by the Client or (b)60 writing within seven days of the event giving rise to them and days after Final Acceptance. This requirement cannot be shall include a clear description of the event and its probable waived except by an explicit written waiver signed by KCDA, effect. the Client, and the Contractor. The pendency of a mediation (calculated as the period from the written request for 13.3.2 Claim Submission. Within 21 days of the mediation through the day following the mediation Notice of Claim,the Contractor shall provide both KCDA and proceeding)shall toll these filing requirements. the Client in writing with a Claim, which shall include a clear description of the Claim, all changes in cost and in time 13.4 Notices and Claims. All notices and (direct, indirect, impact, and otherwise) to which the Claims shall be made in writing as required by the Agreement. Contractor and Subcontractors of any tier are entitled,and data supporting the Claim. The claim of a Subcontractor may be 13.4.1 Any notice of a Claim of the Contractor brought only through the Contractor and only after the against KCDA or the Client and any Claim of the Contractor, Contractor notifies KCDA and the Client in writing that the whether under the Agreement or otherwise, must be made Contractor has reviewed and agrees with the Claim. pursuant to and in strict accordance with the applicable provisions of the Contract Documents. Failure to comply with 13.3.3 Informal Resolution. KCDA and the Client these requirements shall constitute waiver of the Claim. No will make a determination of the Claim. If the Contractor act, omission, or knowledge, actual or constructive, of KCDA, disagrees with KCDA and the Client's determination and the Client, or the A/E shall in any way be deemed to be a wishes to pursue the Claim further, the Contractor must, waiver of the requirement for timely written notice and a within fourteen days of receipt of the determination, provide timely written Claim unless KCDA, the Client, and the KCDA and the Client with a written request that a Contractor sign an explicit, unequivocal written waiver representative of the Contractor, KCDA, and the Client meet, approved by KCDA and the Client's Board of Directors. confer, and attempt to resolve the Claim. This meeting will then take place at a mutually convenient time within thirty 13.4.2 The fact that KCDA, the Client, and the days of the request, unless the Client elects to proceed directly Contractor may continue to discuss or negotiate a Claim that to mediation. has or may have been defective or untimely under the Contract shall not constitute waiver of the provisions of the Contract 13.3.4 Mediation. The Contractor may bring no Documents unless KCDA, the Client, and Contractor sign an litigation against the Client or KCDA unless the Claim is first explicit, unequivocal written waiver approved by the Client's subject to non-binding mediation under the Construction board of directors. Mediation Rules of the American Arbitration Association ("AAA"). The Contractor is responsible for initiating the 13.4.3 The Contractor expressly acknowledges and mediation process. This requirement cannot be waived except agrees that the Contractor's failure to timely submit required by an explicit written waiver signed by KCDA,the Client,and notices or timely submit Claims has a substantial impact upon the Contractor. To initiate the mediation process, the and prejudices KCDA and the Client,including but not limited Contractor shall submit a written mediation request to KCDA to the inability to fully investigate or verify the Claim, and the Client within thirty days of the meeting undertaken in mitigate damages, choose alternative options, adjust the Subparagraph 13.3.3. If the parties are unable to agree to a budget, delete or modify the impacted Work, and/or monitor mediator within thirty days after KCDA and the Client's time, cost and quantities. For these and other reasons, the receipt of the written request for mediation, any party may parties stipulate that KCDA and the Client are prejudiced by submit a request for mediation to the AAA. An officer of the the Contractor's failure to timely submit notices or Claims as Contractor and of KCDA and the Superintendent or designee required by the Contract Documents. of the Client, all having full authority to settle the Claim, must attend the mediation session. To the extent there are other 13.5 Claims for Concealed or Unknown parties in interest, such as Subcontractors, their Conditions. If conditions unknown to the Contractor are representatives, with full authority to settle the Claim, shall encountered at the site which are (1) concealed physical also attend the mediation session. Unless KCDA, the Client, conditions that differ materially from those indicated in the and Contractor mutually agree in writing otherwise, all Contract Documents or(2)unknown physical conditions of an unresolved Claims in the Project shall be considered at a unusual nature, which differ materially from those ordinarily single mediation session which shall occur prior to Final found and generally recognized as inherent in activities of the Acceptance by the Client. character provided for in the Contract Documents, then the Agreement between Client and Contractor- Washington 20122115_1.Doc Page 9 Contractor shall give written notice to KCDA and the Client Subparagraph 2.3, only where KCDA or the Client's own promptly before conditions are disturbed and in no event later actions or inactions were the actual, substantial cause of the than seven days after the first observance on the conditions. delay and where the Contractor could not have reasonably The Contractor shall make any Claim arising from such avoided the delay by the exercise of due diligence. If a delay condition in accordance with the dispute resolution procedure was caused by the Contractor, a Subcontractor of any tier, or in Subparagraph 13.3. anyone acting on behalf of any of them, the Contractor is not entitled to an increase in the Contract Time or in the Contract 13.6 Claims for Consequential Damages. The Sum. Contractor, the Client, and KCDA waive Claims against each other for consequential damages arising out of or relating to 14.3 THE TIMELY COMPLETION OF THIS this Contract. This mutual waiver includes without limitation: PROJECT IS ESSENTIAL TO KCDA AND THE CLIENT. KCDA and the Client will incur serious and substantial .1 damages incurred by KCDA or the Client damages if Substantial Completion of the Work does not occur for rental expenses, for losses of use, income, profit, within the Contract Time; however, it may be difficult if not financing, business and reputation, and for loss of impossible to determine the amount of such damages. management or employee productivity or of the Consequently, this Agreement may include provisions for services of such persons;and liquidated damages. KCDA and the Client's right to liquidated damages is not affected by partial completion, .2 damages incurred by the Contractor for occupancy, or beneficial occupancy. If this Agreement does principal and home office overhead and expenses not contain an agreed amount for liquidated damages, KCDA including without limitation the compensation of and the Client may prove their actual damages. personnel stationed there, for losses of financing, business and reputation, for losses on other projects, ARTICLE 15 for loss of profit,and for interest or financing costs. PAYMENTS AND COMPLETION This mutual waiver is applicable to all consequential damages 15.1 Progress Payments. Payments shall of any cause, including without limitation due to either party's be made as provided in Articles 3 and 4 of this Agreement. If termination in accordance with Article 20. Nothing contained Progress payments are specified, they will be made monthly in this Section 13.6 shall be deemed to preclude an award of for Work duly approved and performed during the calendar liquidated damages, when applicable, in accordance with the month preceding the application according to the following requirements of the Contract Documents. procedure. 13.7 The Contractor (including Subcontractors) 15.1.1 Draft Application. Within the first five days shall not in any event be entitled to damages arising out of of each month, the Contractor shall submit to KCDA and the actual or alleged loss of efficiency; morale, fatigue,attitude,or Client, for the Client's approval, a report on the current status labor rhythm; constructive acceleration; home office of the Work as compared to the Progress Schedule and a draft overhead; expectant underrun; trade stacking; reassignment of itemized AIA Application for Payment for Work performed workers; concurrent operations; dilution of supervision; during the prior calendar month. This shall not constitute a learning curve; beneficial or joint occupancy; logistics;ripple; payment request. KCDA or the Client may request the season change; extended overhead; profit upon damages for Contractor to provide data substantiating the Contractor's right delay;impact damages;or similar damages. to payment, such as copies of requisitions or invoices from Subcontractors. ARTICLE 14 TIME 15.1.2 Payment Request. The Client shall review and approve the draft Application for Payment, or state its 14.1 Within seven days of executing the reasons for disapproval. Upon the Client's approval, and after Agreement, the Contractor shall deliver any required bond to the Contractor has furnished all data requested,the Contractor the Client with a copy to KCDA; no Progress Payments shall may submit to KCDA a payment request in the agreed-upon be due until the bond is delivered. amount, in the form of a notarized, itemized AIA Application for Payment for Work performed during the prior calendar 14.2 If the Contractor is delayed at any time in month. KCDA shall re-verify the amounts with the Client progress of the Work by changes ordered in the Work, by and,once verified and approved by the Client,will invoice the unanticipated general labor disputes, fire, unusual delay in Client, and KCDA shall make payment to Contractor from deliveries, abnormal adverse weather conditions not funds received from the Client. Payment from the Client to reasonably anticipatable, unavoidable casualties, delays KCDA is a condition precedent to payment from KCDA to the caused by the Client or its separate contractors, or any causes Contractor. Among other things, the Application shall state beyond the Contractor's control,or by other causes which may that prevailing wages have been paid in accordance with the justify delay, then the Contract Time shall be extended by prefiled statement(s) of intent to pay prevailing wages on file Change Order to the extent the critical path is affected. The with KCDA and the Client and that all payments due Contractor (including Subcontractors) shall be entitled to Subcontractors from KCDA's prior payments have been damages for delay, the total limited to the liquidated rate of made. The submission of this Application constitutes a Agreement between Client and Contractor- Washington 20122115_1 DOC Page 10 certification that the Work is current on the progress schedule, foregoing reasons, KCDA will provide the Contractor, within unless otherwise noted on the Application. If the Contractor eight working days after KCDA's receipt of the Application believes it is entitled to payment for Work performed during for Payment, written notification of the reasons that all or part the prior calendar month in addition to the agreed-upon of the payment is being withheld and what remedial actions amount, the Contractor may submit to KCDA a separate the Contractor must take to receive the withheld amount. written payment request specifying the exact additional amount due, the category in the Schedule of Values in which 15.5 Substantial Completion. the payment is due,the specific Work for which the additional amount is due,and why the additional payment is due. 15.5.1 When the Contractor believes that the Work is Substantially Complete, it shall notify KCDA and the Client 15.1.3 Payments to Subcontractors. No payment in writing. When the Client agrees, the Client will issue a request shall include amounts the Contractor does not intend Certificate of Substantial Completion. Substantial Completion to pay to a Subcontractor. If, after making a request for is the stage in the progress of the Work when the construction payment but before paying a Subcontractor for its is sufficiently complete, in accordance with the Contract performance covered by the payment request, the Contractor Documents, so the Client can fully utilize the Work (or the discovers that part or all of the payment otherwise due to the designated portion thereof)for the use for which it is intended. Subcontractor is subject to withholding from the All Work other than incidental corrective or punchlist work Subcontractor for unsatisfactory performance, the Contractor and final cleaning shall have been completed. The Work is may withhold the amount as allowed under the subcontract, not Substantially Complete if all systems and parts affected by but it shall give the Subcontractor and KCDA and the Client the Work are not usable or if utilities affected by the Work are written notice of the remedial actions that must be taken as not connected and operating normally. The fact that the Client soon as practicable after determining the cause for the may use or occupy the Work or designated portion thereof withholding but before the due date for the Subcontractor does not indicate that the Work is Substantially Complete,nor payment, and pay the Subcontractor within eight working days does such occupation toll or change any liquidated damages after the Subcontractor satisfactorily completes the remedial due KCDA. action identified in the notice. 15.5.2 Immediately before partial or complete 15.2 Prevailing Wages. Pursuant to RCW occupancy, the Client will schedule an inspection tour of the 39.12, the Contractor will not receive any payment until the area to be occupied. A representative of KCDA and/or the Contractor and all Subcontractors have submitted a"Statement Client,A/E and Contractor will jointly tour the area and record of Intent to Pay Prevailing Wage" to KCDA and the Client. items still remaining to be finished and/or corrected. The The statement must have the approval of the Industrial Contractor shall supply and install any items missed by the Statistician of the Department of Labor and Industries before it inspection but required or necessary for Final Completion as a is submitted to KCDA and the Client. The Contractor and the part of the Contract Sum, notwithstanding their not being respective Subcontractors shall pay all fees required by the recorded during the inspection tour. Department of Labor and Industries, including fees for the approval of the "Statement of Intent to Pay Prevailing 15.6 Final Payment. Pursuant to RCW 60.28, Wages." Approved copies of the "Statement of Intent to Pay completion of the Contract Work shall occur after the Prevailing Wages" must be posted where workers can easily Contractor has notified KCDA and the Client in writing that read them. the Work has been concluded and submits the items listed below to KCDA and the Client, any required occupancy 15.3 Progress payments. Unless the Client permit has been issued, and the Client's Board formally informs the Contractor that a payment will be withheld as accepts the Project("Final Acceptance"). Final Payment shall provided in Section 15.4, KCDA shall make progress not become due until after Final Acceptance. payments within 30 days of approval of the payment request by the Client. .1 An affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected 15.4 Withheld Payments. Payments may be with the Work for which the Client or its property withheld on account of(1) defective Work not remedied, (2) might in any way be responsible or encumbered,have claims filed by third parties, (3) failure of the Contractor to been paid or otherwise satisfied, make payments properly to Subcontractors or for labor, materials or equipment or provide releases under .2 consent of surety to final payment, Section 11.3.1, (4) reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum, (5) .3 a certificate evidencing that insurance required by damage to KCDA, the Client, or another contractor, (6) the Contract Documents to remain in force after final reasonable evidence that the Work will not be completed payment is currently in effect and will not be within the Contract Time and that the unpaid balance would canceled or allowed to expire until at least 30 days' not be adequate to cover actual or liquidated damages for the prior written notice has been given to KCDA and the anticipated delay, or (7) failure to carry out the Work in Client, accordance with the Contract Documents. When KCDA intends to withhold all or part of a payment for any of the Agreement between Client and Contractor- Washington 20122115_1 DOC Page 11 .4 a written statement that the Contractor knows of no substantial reason why the insurance will not be 15.7.2 Final Payment to Contractor. Acceptance of renewable to cover the period required by the final payment by the Contractor shall constitute a waiver of Contract Documents, Claims except those previously made in writing and identified in writing as unsettled on the final Application for Payment. .5 other data establishing payment or satisfaction of or protection (satisfactory to KCDA and the Client) 15.7.3 Change Orders. The execution of a Change against all obligations, such as receipts, releases and Order shall constitute a waiver of Claims by the Contractor waivers of liens arising out of the Agreement, arising out of the Work to be performed or deleted pursuant to satisfactorily demonstrating to KCDA and the Client the Change Order, except as specifically described in the that the claims of Subcontractors and laborers who Change Order. If the Contractor adds to a Change Order or have filed claims have been paid, any other document a reservation of rights that has not been initialed by KCDA and the Client, all the amounts previously .6 pursuant to RCW 39.12.040, an "Affidavit of agreed shall be considered disputed and not yet payable unless Wages Paid" from the Contractor and from each the costs are re-negotiated or the reservation is withdrawn or Subcontractor certified by the Industrial Statistician changed in a manner satisfactory to and initialed by KCDA of the Department of Labor and Industries, with fees and the Client. If KCDA makes payment for a Change Order paid by the Contractor or Subcontractor, or an Application for Payment that contains a reservation of rights not initialed by KCDA and the Client to indicate .7 a certified statement that the Contractor has closed agreement with the reservation, and if the Contractor all necessary permits or otherwise met the negotiates the check for such payment,then the reservation of requirements of all governing jurisdictions related to rights shall be deemed waived,withdrawn,and of no effect. this Project(including,without limitation,city/county building departments, health districts and utility 15.8 Retainage. districts; attach a copy of each of these closed or signed-off permits), 15.8.1 Progress Payments: .8 all warranties, guarantees, certificates, spare parts, .1 Pursuant to RCW 60.28, KCDA will reserve 5% specified excess material, and other documents or from the moneys the Contractor earns on estimates items required by the Contract Documents,and during the progress of the Work, to be retained as a trust fund for the protection and payment of the .9 a hard copy of the "record" drawings and claims of any person arising under the Agreement specifications, delivered in a clear, clean and legible and the state with respect to taxes imposed pursuant condition. to Title 82 RCW which may be due from the Contractor. If any Subcontractor of any tier refuses to furnish a release or waiver required by KCDA of the Client, KCDA .2 The moneys reserved may, at the option of the may retain in the fund, account, or escrow funds such amount Contractor, be (1) retained in a fund by KCDA until as to defray the cost of foreclosing the liens of such claims and 45 days following Final Acceptance; or(2)deposited to pay attorneys' fees, the total of which shall be no less than by KCDA in an interest-bearing account in a bank, 150% of the claimed amount. If any such lien remains mutual savings bank, or savings and loan association, unsatisfied after all payments are made, the Contractor shall not subject to withdrawal until 45 days following refund to KCDA all moneys that the latter or the Client may Final Acceptance, with interest to the Contractor; or be compelled to pay in discharging such lien, including all (3) placed in escrow with a bank or trust company costs and reasonable attorneys' fees. until 45 days following the Final Acceptance, by KCDA's joint check to the bank or trust company Final payment shall be made pursuant to RCW 60.28 and the Contractor, to be converted into bonds and after the Contractor has properly submitted certificates from securities chosen by the Contractor, approved by the Department of Revenue, the Department of Labor and KCDA, and held in escrow, with interest on the Industries and, pursuant to RCW 50.24, a certificate from the bonds and securities paid to the Contractor as it Department of Employment Security. accrues. 15.7 Waivers. .3 If moneys are retained from the Contractor, it may retain payment of not more than 5%from the moneys 15.7.1 Final Payment by KCDA. The making of earned by any Subcontractor, provided that the final payment shall constitute a waiver of claims by KCDA Contractor pays interest to the Subcontractor at the and the Client except those arising from (1) liens, claims, same interest rate it receives from its reserved funds. security interests, or encumbrances arising out of the Agreement and unsettled; (2) failure of the Work to comply 15.9 Warranty of Title. The Contractor with the requirements of the Contract Documents; or(3)terms warrants and guarantees that title to Work, materials and of warranties required by the Contract Documents or law. equipment covered by an Application for Payment, whether Agreement between Client and Contractor-Washington 20122115_1 DOC Page 12 incorporated in the Project or not, will pass to the Client no the Contractor may subcontract or sublet to others; and on the later than the time of payment,free and clear of liens. indemnity provisions of this Agreement. This insurance will name KCDA and the Client and their employees as additional ARTICLE 16 insureds per Additional Insured Owner's (Form B) for Work PROTECTION OF PERSONS AND PROPERTY performed under this Agreement. The Contractor's policy shall be designated primary coverage for both defense and 16.1 The Contractor shall be solely responsible indemnity, and any KCDA or Client policies excess. Such for, and neither KCDA, the Client, nor the A/E shall have limits of liability insurance shall have per project general responsibility for, all aspects of safety, including initiating, aggregate provisions and shall not be less than the following: maintaining, and supervising all safety precautions and programs in connection with the performance of the .1 $1,000,000 Combined Single Limit protection for Agreement. The Contractor shall take reasonable precautions both bodily injury and property damage liability per for safety of, and shall provide reasonable protection to occurrence and$2,000,000 general aggregate; prevent damage, injury or loss to (1) employees on the Work and other persons who may be affected thereby; (2)the Work .2 $1,000,000 per accident for bodily injury liability and materials and equipment to be incorporated therein; and including sickness, disease or death and property (3)other property at the site or adjacent thereto. damage liability because of damage to or destruction of property of others, including loss of use thereof 16.2 The Contractor shall give notices and arising out of the operation of automobiles. comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of .3 $1,000,000 for personal injury liability coverage persons and property and their protection from damage, injury, included and defined in the Commercial General or loss. The Contractor shall promptly remedy damage and Liability insurance policy for damages which are loss to property at the site caused in whole or in part by the sustained by (1) a person as a result of an offense Contractor, a Subcontractor of any tier, or anyone directly or directly or indirectly related to employment of such indirectly employed by any of them, or by anyone for whose person by the Contractor,or(2)by another person. acts they may be liable and for which the Contractor is responsible, except for damage or loss attributable to acts or .4 $1,000,000 for claims involving blanket omissions of KCDA, the Client, or A/E or by anyone for contractual liability insurance (included and defined whose acts any of them may be liable, and not attributable to in the Commercial General Liability Insurance the fault or negligence of the Contractor. The foregoing Policy) applicable to the Contractor's obligations obligations of the Contractor are in addition to the under Paragraph 10.12. Contractor's obligations under Paragraph 10.12. .5 In addition, the Contractor shall maintain a true 16.3 The Contractor shall not be required to umbrella policy that provides excess limits over the perform without consent any Work relating to asbestos or primary layer, in an amount not less than$2,000,000. polychlorinated biphenyl ("PCB") unless specifically required by the Contract Documents. 17.1.2 The insurance described above shall include coverage for underground,collapse and explosion exposures. 16.4 The Contractor shall bear the risk of any loss, damage or destruction of its own property, including 17.1.3 In addition, the Contractor shall purchase without limitation its tools, trailers and equipment, whether and maintain insurance for claims under workers' rented or owned, to the extent that they will not be compensation (industrial insurance), disability benefit and incorporated in the Work. Any insurance provided by the other similar employee benefit acts in the State statutory Client will not cover any such loss,damage or destruction. amount and Employer's Liability with coverage of at least $250,000/$500,000. ARTICLE 17 INSURANCE AND BONDS 17.1.4 Before commencing the Work or exposure to loss can occur, and, in any event, within ten days after 17.1 Contractor's Liability Insurance. KCDA has issued its notice of intent to award contract, the Contractor shall furnish KCDA and the Client with 17.1.1 The Contractor shall purchase from and Certificates of Insurance, in duplicate, as evidence of all maintain during the life of this Agreement, at its own cost in a insurance required by the Contract Documents. company or companies admitted to do business in the State of 17.1.5 Coverage shall be maintained without Washington, possessing a Best's policy holder's rating of A- interruption from the date of commencement of the Work until or better and a financial rating of no less than VII, and the date of Final Acceptance, except for any coverage required reasonably acceptable to KCDA and the Client,an occurrence- to be maintained after Final Acceptance. Completed based Commercial General Liability Insurance Policy which operations coverage shall remain in force for three years after shall provide bodily injury and property damage liability on Final Acceptance. the Contractor's operations, including its Subcontractors of any tier; owned, non-owned and hired vehicles; and on work Agreement between Client and Contractor- Washington 20122115_1 DOC Page 13 17.1.6 If KCDA or the Client is damaged by the ARTICLE 18 failure of the Contractor to maintain any of the above CORRECTION OF WORK insurance or to so notify KCDA and the Client, than the Contractor shall bear all costs properly attributable thereto. 18.1 The Contractor shall promptly and within at KCDA MAY WITHHOLD PAYMENT PENDING RECEIPT least fourteen (14) days of notice from the Client or KCDA OF ALL CERTIFICATES OF INSURANCE. Failure to correct Work rejected or failing to conform to the withhold payment shall not constitute a waiver. requirements of the Contract Documents at any time through a period of one year from the date of Substantial Completion of 17.1.7 KCDA's specification or approval of the the Agreement or by terms of a longer manufacturer's insurance in this Agreement or of its amount shall not relieve warranty or an applicable special warranty required by the or decrease the liability of the Contractor under the Contract Contract Documents. The provisions of this Article apply to Documents or otherwise. Coverages are the minimum to be Work done by Subcontractors of any tier as well as to Work provided and are not limitations of liability under the Contract, done by direct employees of the Contractor. indemnification, or applicable law provisions. The Contractor may, at its expense, purchase larger coverage amounts or 18.2 If the Contractor fails to correct Work that is additional insurance. not in accordance with the requirements of the Contract Documents or fails to carry out the Work in accordance with 17.2 Property Insurance. the Contract Documents, KCDA and/or the Client, by a written order, may order the Contractor to stop the Work, or 17.2.1 The requirements for property insurance are any portion thereof, until the cause for such order has been addressed in Article 6 above. eliminated. 17.3 Waivers of Subrogation. 18.3 Nothing contained in this Article shall be construed to establish a period of limitation with respect to 17.3.1 KCDA, the Client,and the Contractor waive other obligations which the Contractor might have under the all rights against each other and any of their subcontractors of Contract Documents. Establishment of the time period of one any tier, the A/E, their consultants, separate contractors year as described above relates only to the specific obligation described in Article 12 (if any), and any of their respective of the Contractor to correct the Work and has no relationship agents and employees, for damages caused by fire or other to the time within which the obligation to comply with the causes of loss to the extent covered by property insurance Contract Documents may be sought to be enforced, nor to the obtained pursuant to Articles 6 and 17.2 or other property time within which proceedings may be commenced to insurance applicable to the Work, except such rights as they establish the Contractor's liability with respect to the have to proceeds of such insurance held by the Client as Contractor's obligations other than specifically to correct the fiduciary. KCDA and the Client do not waive their Work. ` subrogation rights to the extent of the Client's property insurance on structures or portions of structures that do not ARTICLE 19 comprise the Work. A waiver of subrogation shall be MISCELLANEOUS PROVISIONS effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, 19.1 Applicable Law. The Agreement shall be contractual or otherwise, did not pay the insurance premium governed by the laws of the State of Washington, without directly or indirectly, and whether or not the person or entity regard to its choice of law provisions. had an insurable interest in the property damaged. 19.2 Statutes. The Contractor shall abide by the 17.4 Payment and Performance Bond. provisions of all applicable Washington statutes. The statutes referenced in the Contract Documents are not meant to be a 17.4.1 The Contractor is required to submit a bond complete list and should not be relied upon as such. secured from a surety company licensed to do business in the State of Washington. The Contractor shall pay for a surety 19.3 Contractor Registration and Related bond in the full amount of the Contract Sum plus sales tax, Requirements. Pursuant to RCW 39.06, the Contractor shall pursuant to RCW 39.08. Within seven days of entering into be registered or licensed as required by the laws of the State of the Agreement, the Contractor shall deliver two copies of the Washington, including but not limited to RCW 18.27. The bond to KCDA and one copy each to the Client and the A/E. Contractor shall: have a current state unified business The price of the bond will be added to the total contract identifier number; have industrial insurance coverage for the amount to be paid by the Client. KCDA MAY DECLINE TO Contractor's employees working in Washington as required in ENTER INTO THE CONTRACT IF EVIDENCE OF Title 51 RCW; have an employment security department BONDABILITY IS NOT RECEIVED, AND THE CLIENT number as required in Title 50 RCW; have a state excise tax MAY WITHHOLD ITS NOTICE TO PROCEED AND/OR registration number as required in Title 82 RCW, and; not be WITHHOLD PAYMENT TO THE CONTRACTOR UNTIL disqualified from bidding on any public works contract under SUCH SURETY BOND IS RECEIVED. RCW 39.06.010 (unregistered or unlicensed contractors) or RCW 39.12.065(3)(prevailing wage violations). Agreement between Client and Contractor- Washington 201221 15_t.Doc Page 14 19.4 Law Against Discrimination. Contractor .1 the Contractor fails to prosecute the Work or any shall comply with pertinent statutory provisions relating to portion thereof with sufficient diligence to ensure the public works of RCW 49.60. Completion of the Work within the Contract Time; 19.5 Provisions for Aged and Handicapped .2 the Contractor is in material default of or Persons. Contractor shall comply with pertinent statutory materially breaches any provisions of this provisions relating to public works of RCW 70.92. Agreement; 19.6 Safety Standards. Contractor shall comply .3 the Contractor is adjudged bankrupt, makes a with pertinent provisions of Chapter 296-155 WAC, "Safety general assignment for the benefit of its creditors, or Standards for Construction Work." if a receiver is appointed on account of its insolvency; 19.7 Unemployment Compensation. Pursuant to RCW 50.24 in general and RCW 50.24.130 in particular, .4 the Contractor fails to supply a sufficient number the Contractor shall pay contributions for wages for personal of properly skilled workers or proper materials; services performed under this Agreement or arrange for a bond acceptable to the commissioner. .5 the Contractor fails to make prompt payment to Subcontractors or for materials or labor; 19.8 Drug-Free Workplace. The Contractor and all Subcontractors shall fully comply with all applicable .6 the Contractor materially disregards laws, federal, state, and local laws and regulations regarding drug- ordinances, rules, regulations or orders of any public free workplace, including the Drug-Free Workplace Act of authority having jurisdiction; or 1988. Any person not fit for duty for any reason, including the use of alcohol, controlled substances, or drugs, shall .7 the Contractor fails to comply with the provisions immediately be removed from the Work. of RCW 28A.400.330 by permitting a worker on the Project having contact with children who has been 19.9 Tobacco-Free Environment. Smoking or convicted of or pled guilty to a felony crime use of any kind of lighted pipe, cigar, cigarette or any other involving children as described in Paragraph 10.3. lighted smoking equipment, material or smokeless tobacco products is prohibited on all Client property. 20.3 Termination for Convenience by Client. The Client may, at any time upon seven days'written notice to the 19.10 Asbestos Removal. To the extent this Contractor, terminate (without prejudice to any right or Project involves asbestos removal, the Contractor shall remedy of the Client or KCDA) the whole or any portion of comply with RCW 49.26 and any provisions of the the Work for the convenience of KCDA and the Client. The Washington Administrative Code promulgated thereunder. Client shall be liable to Contractor only for those costs reimbursable to Contractor in accordance with the following: 19.11 Assignment. The Contractor shall not let, delegate duties under, assign or transfer this Agreement, or .1 The amount due under Articles 4 of this any interest in it or part of it, without the prior written consent Agreement for the performance of the Work of KCDA and the Client. terminated; ARTICLE 20 .2 Other pre-approved costs, consistent with TERMINATION OF THE CONTRACT Paragraph 13.2, necessary and reasonably incurred in connection with the termination of Work. 20.1 Termination for Cause by Contractor. If KCDA fails to make payment for a period of 60 days through The total sum to be paid to the Contractor under this no fault of the Contractor and has been given approval by the Paragraph 20.3 shall not exceed the Contract Sum as reduced Client, the Contractor may, upon seven additional days' by the amount of payments otherwise made. written notice to KCDA,terminate the Agreement and recover from KCDA payment for all Work properly executed and for 20.4 Effects of Termination. proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including Fees 20.4.1 Unless the Client directs otherwise, after applicable thereto. receipt of a Notice of Termination from the Client pursuant to Paragraph 20.2 or 20.3,the Contractor shall promptly: 20.2 Termination for Cause by Client. The Client may, upon seven days'written notice to the Contractor, .1 stop Work under the Agreement on the date and as terminate (without prejudice to any right or remedy of KCDA specified in the Notice of Termination; or the Client) the whole or any portion of the Work for cause, including but not limited to the following circumstances: .2 place no further orders or subcontracts for materials, equipment, services or facilities, except as Agreement between Client and Contractor- Washington 20122115_1.DOC Page 15 may be necessary for completion of any portion of the Work that is not terminated; .4 the agreed price for or the proceeds of sale of any materials, supplies or other things acquired by the .3 procure cancellation of all orders and Contractor or sold, pursuant to the provisions of subcontracts, upon terms acceptable to the Client, to Subparagraph 20.4.1.7, and not otherwise recovered the extent that they relate to the performance of Work by or credited to KCDA. terminated; 20.4.3 If(and only if) the termination pursuant to .4 assign to the Client all of the right, title and Paragraph 20.3 is partial, the Contractor may file a Claim for interest of the Contractor under all orders and an equitable adjustment of the price or prices specified in the subcontracts, in which case the Client shall have the Agreement relating to the continued portion of the Agreement. right, in its discretion, to settle or pay any or all The Contractor must assert any Claim for an equitable claims arising out of the termination of such orders adjustment under this subparagraph within twenty-one days and subcontracts; from the effective date of the Termination. .5 with the Client's approval, settle all outstanding 20.4.4 The Contractor shall refund to KCDA any liabilities and all claims arising out of such amounts KCDA paid to the Contractor in excess of costs termination of orders and subcontracts not assigned reimbursable under Paragraph 20.3. to the Client; 20.4.5 The damages and relief from termination by .6 transfer title and deliver to the entity or entities the Client specifically provided in Article 20 shall be the designated by the Client the fabricated or Contractor's sole entitlement in the event of termination. unfabricated parts, Work in process, partially completed supplies and equipment, materials, parts, 20.4.6 When this Agreement refers to a tools, dies,jigs and other fixtures, completed Work, termination, it is understood that the termination is of this Agreement, the Purchase Order, and all related contract supplies and other material produced as part of, or acquired in connection with the performance of, the documents. Work terminated, and the completed or partially completed plans, drawings, information and other End of Section property related to the Work; .7 use its best efforts to sell any property of the types referred to in Subparagraph 20.4.1.6. The Contractor may acquire any such property under the conditions prescribed by and at a price or prices approved by the Client, and the proceeds of any such transfer or disposition may be applied in reduction of any payments to be made by the Client to the Contractor; .8 take such action as may be necessary or as directed by the Client to preserve and protect the Work and property related to this Project in the possession of the Contractor in which the Client has an interest;and .9 continue performance only to the extent not terminated. 20.4.2 In arriving at any amount due the Contractor after termination,the following deductions shall be made: .1 all unliquidated advance or other prior payments on account made to the Contractor applicable to the terminated portion of the Agreement; .2 any claim which KCDA or the Client may have against the Contractor; .3 an amount necessary to protect KCDA and the Client against outstanding or potential liens or claims; and Agreement between Client and Contractor- Washington 20122115_I.DOC Page 16 Exhibit A Scope of Work: This scope includes removal of 5 existing wood poles, all existing lighting equipment and associated hardware. Poles will be cut off 2' below grade, backfilled and patched to match existing hardscape/landscape. The lighting mounted on the roof of the stadium will be removed, along with all associated hardware. The existing lighting equipment and associated hardware will be removed from the wood poles, the wood poles, electrical equipment and hardware will be removed from site and disposed of properly. The Musco Lighting System will be unloading upon arrival to the job site, the 4 foundations will be augured, set and backfilled with concrete per the detailed foundation design. The 4 poles will be staged and assembled, the LED luminaires will be mounted, poles erected and luminaires aimed. Wiring for the Lighting System is from the lights/luminaire assemblies down to the remote electrical enclosure at the base of each pole where it will be terminated on the Musco supplied disconnect breaker. All packing material, containers and shipping debris will be removed from site. All electrical work will be completed as per on site pre-bid discussions and will be assessed during construction.All trenching will be fine graded and completed from outside the sports field area to each pole location and conduits will be installed, the trenches will be backfilled and compacted. An in-ground box will be installed near each pole location and conduits will continue from in-ground box location into each to each pole foundation. Conductors will be pulled through the new conduits and all splicing and terminations will be completed. The existing contactors will be removed from the electrical room along with any associated timers and controls. The Musco control and monitoring cabinet will be installed in the same location,will be re-wired to the existing breakers and to the existing conductors out to each pole. New LED luminaires will be installed on the grandstand roof to replace the existing fixtures, one existing bracket will be reused and the unused brackets will be removed. Note: Site will be cleaned up restored to original condition, however, seeding will be by others. We will take all precautions necessary to minimize impacts to the site. Backfilled and compacted areas will be fine graded for seeding by owner. The new lighting system will be energized, commissioned and tested to ensure the entire system is operational. The electrical permit is included, any other required permits will be by others. MUSCO LIGHTING SUBMITTAL FOR PRODUCTION PREPARED FOR: Memorial Field Lighting Project Port Townsend, WA May 25, 2018 Project #150369 Submitted by: Musco Sports Lighting, LLC 2107 Stewart Road Muscatine, Iowa 52761 OCCO Toll Free: 800-756-1205 Fax: 800-374-6402 mu • We Make It Happen, This information is provided by Musco exclusively for this project.Reproduction or distribution of the enclosed documents or information withough the written permission of Musco Sports Lighting,LLC is prohibited. M-1164-enUS-5 TABLE OF CONTENTS SCO Memorial Field, 150369 Project Submittal: Table of Contents A. SCOPE OF WORK B. BILL OF MATERIALS C. LIGHTING DESIGN D. CONTROLS AND MONITORING E. STRUCTURAL INFORMATION F. WARRANTY G. PRODUCT INFORMATION 0000 musco Memorial Field, 150369 A. SCOPE OF WORK iC)( SCO Memorial Field, 150369 Project Submittal: Scope of Work Scope of work: This scope incudes removal of 4 existing wood poles.all exist ng iignhng equipment and associated hardware Poles wit be cut off 2'below grade,backfilled and patched to match existing hardscapetlandscape. The lighting mounted on the roof of the stadium will be removed along with at associated hardware. The existing lighting equipment and associated haroware will be removed from tre wooci po'es. the wood poles,electrical equipment and hardware will be removed from site and properly disposed of. The Musco Light System virVI be unloading upon arrival to the job site the 4 foundations we be augure.i.d.set and backfilled with concrete per the detailed fcunclatior design. The 4 poles wilt be staged and assembled,the LED luminaires will be mounted, poles erected and luminaires aimed. Wiring for the Lighting System is from the lightsAuminaire assemblies down to the remote electrical enclosure at the base of each pole where 11 will be terminatec on the Musco supplied disconnect breaker. The Musco poie top assemblies,electrical enclosures and associated hardware will installed on the cell tower and will be wired and aimed.All owing material,containers and shipping debris wit be removed from site. Ali electrical work will be completed as per on site pre-bid discussions and will be assessed during constriction_Ait trenching will be completed from outside the stadium to each pole Iccation and conduits will be installed,the trenches will be backfilled and compacted.An in-ground box will be installed near each pole iocation and conduits will contirue From in- ground box location into each to each pole foundation.Conductors will be pulled through the new conduits and a1 splicing and terminations will be completed.The existing contactors and will be removed from the electrical room along with any associated timers and controls.The Musco control and monitoring cabinet will be ns ta fled in the same location,will be re- wired to the existing breakers and to the existing conductors out to each pole. New LED luminaires wgi be instated on the roof to replace the existing the existing,the mounting brackets will remain in place to support the new LED kerinaire assemblies, Note:Site will be cleaned up restored to original condition.however. seeding will be by others.We will take all precautions necessary to minimize impacts to the site. The new lighting system will be energized,cccnriissloned and tested to ensure the entire system.s operational. The electrical permit is included,any other required permits will be by others. B. BILL OF MATERIALS ASSCO Memorial Field, 150369 Project Submittal: Bill of Materials Equipment Description 22 Light-Structure System TM Total Light ControlTM TLC-LED-1150 luminaires 8 Light-Structure System TM Total Light ControlTM TLC-BT-675 luminaires 2 Light-Structure System TM Total Light ControlTM TLC-LED-400 luminaires 3 SportsClustero System Total Light ControlTM TLC-LED-1150 luminaires 3 70' galvanized steel poles 1 90' galvanized steel pole 4 Pre-cast concrete foundations (9,500 PSI)with integrated grounding ✓ Factory wired and assembled pole top luminaire assemblies ✓ Factory wired electrical component enclosures ✓ Factory built wire harnesses with plug-in connections ✓ Disconnect Controls 1 24" x 48" Controls and Monitoring cabinet 5 30-amp contactors 1 On-Off-Auto (OOA) switch Warranty Musco's Constant 251m product assurance and warranty program that ✓ eliminates 100% maintenance costs for 25 years, including labor, materials, monitoring and guaranteed light levels. 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CONTROLS AND MONITORING �5C0 Memorial Field, 150369 000 anus • Control System Summary Project Information Project Specific Notes: Project Project N#: 15036d ame: Memorial Field Date: 04/19/18 Project Engineer: BVonk Sales Representative: Tim Butz Control System Type: Control and Monitoring Communication Type: Digital Cellular Scan: 150369B Document ID: 150369P1V4-0419151055 Distribution Panel Location or ID: FB Total#of Distribution Panel Locations for Project: 1 Design Voltage/Hertz/Phase: 480/60/3 Control Voltage: 120 Equipment Listing DESCRIPTION APPROXIMATE SIZE 1.Control and Monitoring Cabinet 24 X 48 QTY SIZE Materials Checklist Total Contactors 5 30 AMP Contractor/Customer Supplied: Total Off/On/Auto Switches: 1 ❑ A single control circuit must be supplied per distribution panel location. —If the control voltage is NOT available, a control transformer is required. ❑ Electrical distribution panel to provide overcurrent protection for circuits —Thermal/Magnetic circuit breaker sized per full load amps on Circuit Summary by Zone Chart ❑ Wiring: —Dedicated control power circuit —Power circuit to and from lighting contactors —Harnesses for cabinets at remote locations —Means of grounding, including lightning IMPORTANT NOTES ground protection Li Electrical conduit wireway system 1.Please confirm that the design voltage listed above is accurate for this —Entrance hubs rated NEMA 4. facility. Design voltage/phase is defined as the voltage/phase being connected must be die-cast zinc, PVC, or and utilized at each lighting pole's ballast enclosure disconnect. Inaccurate copper-free die-cast aluminum design voltage/phase can result in additional costs and delays. Contact your Musco sales representative to confirm this item. ❑ Mounting hardware for cabinets 2.In a 3 phase design,all 3 phases are to be run to each pole. When a 3 phase ❑ Control circuit lock-on device to prevent design is used Musco's single phase luminaires come pre-wired to utilize all 3 unauthorized power interruption to control phases across the entire facility. power 3.One contactor is required for each pole. When a pole has multiple circuits,one ❑ Anti-corrosion compound to apply to ends of contactor is required for each circuit. All contactors are UL 100%rated for the wire, if necessary published continuous load. All contactors are 3 pole. 4.If the lighting system will be fed from more than one distribution location, nt additional equipment may be required. Contact your Musco sales representative. Call Control-Link Central operations center 5.A single control circuit must be supplied per control system. at 877/347-3319 to schedule activation of the 6.Size overcurrent devices using the full load amps column of the Circuit Summary control system upon completion of the installation. By Zone chart-Minimum power factor is 0.9. Note:Activation may take up to 1 1/2 hours NOTE: Refer to Installation Instructions for more details on equipment information and the installation requirements ©1999.2018 Musco Sports Lighting,LLC 1.150\150368P1 Vd-041915,055.pp1 Form'T-5030.1 °COO mu • Control System Summary tip ,. Memorial Field/150369-150369B FB -Page 2 of 4 r -t Control•Link.Control and Monitoring System Allir Transformer(provided by I customer for control voltage Digital cellular supply if not available) antenna ,!//!/ Qff-on-ato n li n keyett switches Electrical distribution panel ,—Q—. (provided by customer for overcurrent protection) E / a u l Control and L� monitoring 1 cabinet 71 11., 1 ' ,`� 01 Equipment ground To lighting circuits j of Typ.Wire Max.Wire Wire from Wire Description Wires Size(AWG) Length(FT) Musco Notes 1 Line power to contactors.and equipment grounding conductor Note A Note B 27 I No A—E 2 Load power to lighting circuits Note A Note B N/A No A—D 3 Control power(dedicated.2OA) 3 12 N/A No C.D R60-32-00_C Notes: A. Voltage and phasing per the notes on cover page. B. Calculate per load and voltage drop. C. All conduit diameters should be per code. D. Refer to control and monitoring system installation instructions for more details on equipment information and the installation requirements. E. Contact Musco if maximum wire length from circuit breaker to contactor exceeds value in chart. IMPORTANT: Control(3)wires must be in separate conduit from line and load power wiring(1.2). L — 1 N50\150069,1V40t19151055,01 0000 mus • Control System Summary grey Memorial Field/150369-150369B FB-Page 3 of 4 SWITCHING SCHEDULE Field/Zone Description Zones CONTROL POWER CONSUMPTION Football 1 120V Single Phase VA loading INRUSH: 1813.0 of Musco Supplied SEALED: 220.8 Equipment CIRCUIT SUMMARY BY ZONE POLE CIRCUIT DESCRIPTION #OF #OF *FULL CONTACTOR CONTACTOR ZONE FIXTURES DRIVERS LOAD SIZE(AMPS) ID AMPS Fl Football 8 8 12.4 30 Cl 1 F2 Football 9 9 14.0 30 C2 1 F3 Football 7 7 11.5 30 C3 1 F4 Football 8 8 12.4 30 C4 1 P1 Football 3 3 5.1 30 C5 1 `Full Load Amps based on amps per driver. T:1150N50069P1 V40419151055.p. 0000 MUS 0 Control System Summary r.t. Memorial Field/150369 -1503696 FB -Page 4 of 4 PANEL SUMMARY CABINET CONTROL CONTACTOR CIRCUIT DESCRIPTION FULL DISTRIBUTION CIRCUIT # MODULE ID LOAD PANEL ID(BY BREAKER LOCATION AMPS OTHERS) POSITION(BY OTHERS) 1 1 Cl Pole Fl 12.38 1 1 C2 Pole F2 14.01 1 1 C3 Pole F3 11.45 1 1 C4 Pole F4 12.38 1 1 C5 Pole P1 5.13 ZONE SCHEDULE CIRCUIT DESCRIPTION ZONE SELECTOR ZONE DESCRIPTION POLE ID CONTACTOR SWITCH ID Zone 1 1 Football Fl Cl F2 C2 F3 C3 F4 C4 P1 C5 T:N50\150969P1V40419151055.01 Datasheet: Control-Link, Control and Monitoring System . Overview Control-Link®control and monitoring system provides flexible remote on/off control,monitoring,and management of your lighting system. Features ©' V Control (' • Lighting system and auxiliary equipment • Customized on/off control via phone,website,smartphone application,email,or fax up to 10 years in advance C • Multi-level user security settings r • Key-activated on/off/auto switches allow manual or automated control rl • Seven controllable lighting zones nMonitoring i __H--- • Detects lamp outages and other issues that affect light quality ��: Management and Support • Control-Link Central'.service center provides support 24 hours a day,7 days a week for scheduling, 1z.a6 in monitoring,and reporting (327?r* p g 24.26 in 11.38in • Luminaire outage notification within the next business day (610 mm) (289 mm) 1830 In _ 10.00 in • Customized usage reports through website 0.44 in dia. (457 mm) 1 (254 mmj (11 mm) �' Technical Specifications Ratings UL 508A Listed E204954 FCC Part 15 Class A compliant Operating temperature -4'F to 140'F t -� — — n- — (-20°C to 60'C) 72.00in Weight for 72 inch(1829 mm)cabinet 180 lb(82 kg) 1829 mm) Weight for 48 inch(1219 mm)cabinet 140 lb(64 kg) 73.25 in (1861 rem) Short Circuit Current Rating(SCCR) 49.25 in w mnit with 30 A contactors* 18 kA (1251 mm) ' ' ' with 60 or 100 A contactors* 25 kA 48.00 in r *Minimum circuit breaker interrupt rating must be greater than or equal 219 mm) to SCCR rating listed above. 3 OWO02012,2013 Muses,Sports Lighting,LLC - Control-Link,is a registered trademark of Musco Corporation in the United States. U.S.patents issued and pending. . M-1136-enUS-3 ILJSCO, www.musco.com • lightingrsmusco.com 1 Datasheet: Control-Link,, Control and Monitoring System Technical Specifications Construction • NEMA type 4 cabinet • Powder-coated aluminum 5052 H32 cabinet and panel • Lockable,3-point latch • Supports lighting system voltage up to 480 V • Requires 120 V phase-to-neutral control voltage • Protective cover isolates high voltage Internal Details • Factory wired,programmed,and tested n n • Internally fused o 0 00000000c P . .. • Control power terminal blocks provided _ ..,.,... • One control circuit operates entire cabinet11°p••••••," a o oti>�uI__=.71 lw "' fly s.0000000 • Plug-in wire harnesses provided to connect multiple cabinets — = , @mi s Q ■ ° Control Module °0°0 o 00 ❑o Receives and stores schedules from Control-Link Central' ®o°°o ❑ service center,operates your equipment,and verifies °0°0 schedules were carried out. 00 o °o o0 • Stores and executes schedules for up to 7 days • Reboots automatically and executes current schedule o .t=t0 when power is restored,in case of power interruption d II= I 10= I lol=I 1©[111) Monitoring Modules _,___ti _Monitors Musca lighting system and reports issues to keep :.-iils =� • m facilities operating and to help plan routine maintenance. II �� -e : o �I Alerts Control-Link Central service center to schedule . . • !w �� p • appropriate action or maintenance. rr tr mff Communication Module . js '.• � j .o Integrated communication system providing two-way reliable, ;; LLLLIIr���►�� , � high speed communication to Control-Link Central service center '�- /rte, with no additional monthly charges during warranty period. �� � �: Ei'Ifni !Lir ,_: Contactor Modules _■11=11111-� Switches equipment based on control module schedules. ;; or �MM. • Tested and UL-listed for continuous operation at 100%of _., 1 -1-m41rll rated current 't • Contactors rated for 30,60,or 100 A i r i, t i •••' B O Ola Ground Bar ••• O° 11 Provides integral ground bar for lighting equipment grounding. ;; •• BOO © t t 1il11M1l111111=M o 11 j Lai uU 0000 „.2012,201i Musca>ports!fighting,LLC Control-Link,Is a registered trademark of Musco Corporation in the United States US.patents issued and pending. M-1136-enUS-3 MUSCOwww.musco.com • Iightingramusco.com 2 E. STRUCTURAL INFORMATION ifiCCI )SCO Memorial Field, 150369 e N mb'M `QN3SNMOl lIOd 1S3M n3abZ8ZOMbSNMW1l011NVOWd ONIIHJII 869E05#NVOSw c w 531° e a j Ud 0131A 'O'd `S2133MJN3 u QiNVId 33S: LU z. �dnl�n�ls NO1VONfOdONV 31Od a ' o1VIbOW3W � 3,111JNWVH° o sr H N U W H y ¢ zuxrnw '4' ¢ O OLA G \ o � z p �F�O? �ocwiW a w �y � zza �4vR ` T�� m w o Hz Qm` O' LiN ¢ 0 FInt w o pN oOy_ m acv 0,- zjxoww QOx4 zoom owxvHi a`j ' ' t7 zV At -a Qa0¢ f-al (6c-Lr',?' pw>V'�w oi3< PO UinE 31 LLa i_ �W~ Z�� mrz;F �F-<) 'MI w'-w <ppZw 3a z` w< IVU Om ZZ 9" oOZZZm g -:>N4 'MI Lilr; Wi V), �'''V Q 0 Arai 9mo 'o5 gzv~i ¢86w¢¢ Ei La`°` ZU:Z OAF¢ �jW� 3b �: 4f wrc "(c wo ¢¢z pom O�oxo¢ wHmza wu_ Uwwz mpag � �S � p xy U J wHm w HU Pad �z0o: a O pLLw Cz W `1 "(c - 0 `9?o ET. -oo oa�D3W gtj�� gI-w OWw� �: 2 w U m aOJ Ai pp0 �¢ONW z=Qc°wL wLLmzLL z()Um ZWw� O < o a >wa wmwWww aUmEmw a<N�¢ <Zm3 rppz Z Z m -, wHzp< Vmz <LL 0D o:WFN�O pagE -i O Uamm wCQ, 400,0 p a¢y c`+o LLRD ¢Om i0o� = 0amm wwooxz pxiOW ¢m0= -LT, rZ o WcSw- gwao¢ www ''w'all 3(w�Hz oWm>tx xzm ooJY zw6 l,/ w w xm uz t-U> w rn¢ ¢02U2F O¢xp3� I-f.ZOU <U QO¢ a2 w��mw zww awwZ Ix-a.gw Jo uzmwwp ifw� o (8,;(,y, g Ow zW._ _ o 2'-' Uw H- H z OO>¢U U' ¢w_¢ ¢zx3z mw> mow ' om-w Ua z z�LL w I8 m 2'rn a¢ g'n Qwo Oa¢E pViNE wz224 Q ?¢OH gwo�U �(9�� 0 �w O K tO m <O W 4°:-§ ' Q i:';,-0,g8 LL¢ m 1 g H o W H o o z 2- p O x o W Z O ¢x Td. 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WARRANTY ic0 Memorial Field, 150369 jm -�,", �..- -e:- '= .,:.iY �. ,f.�.-. �.,' ,+." a."?';/r .�' - rr '^: ru•'x_�'.'..:c ,.y" 3s.;.,-_s-0%,-_--, .---':.' : . jf.`�'y,,,r'!,,yy pr .Y,%�,Y..r. '�e ;4,:c .''ya s�,4. 'tJ f�.,x.79,7 .�r��) ,:Y�,V r1;�?'' iV' r ,'�+,', te+1 7 '.1�;?°.2 r,:i;fR'�ayy��..�'"��,jg�'�y37v7;t .tiJv+r.y."3�/n'0; �ywrh , .re JTzF.W,�i'i'..4,, hY�Wd_j.i' 1_c ...r d�.A'r i .nt;1ti r .rh5'�A,4 ,,A,:ii.Il .-.r71'hi, iNg.r:A ',4 ndh._ i 4 tit- �. ihi 1,"',..a?d;';Edn7fi'._.n ,,.n:#,' IL rTR .r( r .4',I , Yr r! - 0000 �T1U5 Ofill 25 TM '=.-.v 4'�17 25-Year Product Assurance&Warranty Program Musco Sports Lighting,LLC will provide all materials and labor to maintain operation of your lighting system to original design criteria for 25 years,or until maximum hours of coverage have accumulated,whichever comes first.Musco products and '_ services are guaranteed to perform on your project as detailed in this document. =--Ii, Ori 3� ,. Light 4 ,r Average illumination levels are guaranteed as described in the Project Details on the following page.Musco will electronically monitor ::: 4,::. s luminaire operation and operating hours,and will group re-lamp if applicable. r 4', Individual luminaire outages that occur during the warranty and maintenance period are repaired when the usage of any field is materially ' '_ impacted.If actual usage exceeds the maximum hours of coverage,the customer will be required to pay an additional fee in order to - *7r maintain the warranty to the end of 25 years. r_``= Energy Consumption l ' Average and maximum energy consumptions for your lighting system are guaranteed. a Monitoring, Maintenance and Control Services d' e.i.-,1 Musco shall monitor the performance of your lighting system.including on/off status,hours of usage and lamp outages.If fixture outages ';, ' that affect playability are detected,Musco will contact you and proactively dispatch technicians. m On-off control of your lighting system is provided via an easy-to-use web site scheduling system.phone,fax,or email.Our trained °° _ Control-Link Central`service center staff is available toll-free 24/7.Regular usage reports are always available on Control-Link Centrals «yam, s web site. - - Spill Light Control ' 3 r Spill light readings at identified locations are guaranteed to be controlled to the values provided in Musco s design documents for your . project. - . Structural Integrity , Your project has been designed to IBC 2015, 110 mph,exposure C. w Structural integrity of equipment manufactured by Musco is guaranteed. eta = _ :fid. Musco has a team of people to ensure fulfillment of our product and services warranty and maintains financial reserves �' *_ dedicated to support our fulfillment of this warranty.Please keep this document as your signed contract guaranteeing ,7-7"''w } comprehensive service for the 25 year period. K , -P Page 1 of3 . � '4 `' µA; V w ' VgB144iq3 -i0 ' "e „r:' 4yroF;,1�: W; ,:g.- qtr.kIX`7r 'i y,� 3 nY, J ;!W .r.;:' Vr. C! A =s" i ©2005,2017 Musco Sports Lighting;LLC n+.129l ,us-tu . ti - 7, j 7 . ';•• ...a..,:?r - "g.; A.5.1,0* :-0.. IV�F.S .4.$40,0,-„,--4,,,,,,,y,ra ma '?� rTer? h-,;Ns.. y[,, . ;.,r l'�yy, �A,/+ / :qre; -- r ;t > rr s ' S n r , i ,. u v q x4 , f r ,r g r`0,, l.I(1'M1 rl.1‹'. i6tW r : i'1 i5, fit'�1 f1 PY;: 'I rVitkUivl�iri�1 vi* r ,�. / �7'r;�T1I ' he ' ' i �i 11 i4/4 1{((' r ,vmh vi�.y ,, ,,z' P �.i,"1 :'. . r,ld'i� . tr t' i (-V _tr r- u +.r i Wi ,: zr r _''0'rr r� .a',I.lgfl.:SYti'd'n f.:,,''1'+.^i'li;._he,-,. .=G'/, n 'alt rt_nYi=ML'hh',�;td r_;ng0..,Vf6._I i.. s`+ u 7e==-0.---_-, 9fl ' viwtalth25 „ _, mus o ,.._,...,:, ,...„..,,... ' f 25-Year Product Assurance&Warranty Program ^x 4, j Project Details ;.;,,,,---'1I Project Name: Memorial Field Project Number: 150369 ”---%o- "" ' ' Owner: Jefferson County City: Port Townsend State: PA .- Product(s)Covered: Light-Structure System TM Lighting with TLC for LEDTM Technology Date Issued: Date of shipment ; Expiration: Date of shipment+25 years or maximum hours of coverage noted below,whichever occurs first ,, "' - Total Average kW per hour:34.15 yy Musco products and services are guaranteed to perform on your project as follows: i I _ Estimated - /�' Average r Total Annual/25- Maximum Fixture I Target Uniformity Relamps Year Estimated Hours of Field/Zone Quantity Lamp Type Light Level Max/Min Included Usage Hours Coverage _' Football/Soccerkt 35 (25)TLC-LED-1150 30 FC 2.5:1.0 N/A FB:300/7,500 N/A - (8)TLC-BT-575 SO:400/10,000 (2)TLC-LED-400 <' _ kG O. v w y{, ',7„- u it 4r 1 G AA -Page 2 of 3 Vtli'v;ir','''.vi.-6.7''''74.k:''; .�tNt�..vµW uux,t,.i i�,„, .,,,„.... �t :gypnM �/�y in-A6�A r,�,,,,-Re,. U,!,, xLI,,,,,:i'AV '.7 V/6, ,-_irkfv, FmJ ,,, ' 1 4. `V 1 i 7 r 5 4,Y 4 r r k r r S; 1 ., ,4 a7�r .;.,k rJrs , 5~ ,, ,., <.,,,:„.0-,41.'",,..,0e.:‘.91' � t�3 mss,{a�i,��'e l+ai r 94 •y '�� �; ,� a?�d t + �%w„,,,4: �9 r r ani r .�s c 02005,2017 Musco Spats Ughting,LLC - M-291.oUs-w -:--;* n - ,+i s ... r. �� —ib., " 'z d •7 �, x,'' , s,:9 {s i Fns' i, ,, i.' rr,7 ra Oi�' %i , vq > ra+.0,.r.h*i'./. {'; ��' %V. a'.�pV s, .,t/ '.i 4�v,,,•r f i �?"` , s a+ s�.3r4;a_( ,"� iiik "V ;•�' `�t�r�",� ��„'. � M�' � } 1 GrF. t � ,'�°.reit$,/�°'• 'Y a-T ,', /� �q� �1°�'����r.�tif",7� 7 T � .-•,z'`. "..,-'24,1..,, i. .-.1-.?litev t M I1 Q � t t{ ', y ,.' I 1. C' '!� 1 ' r ry� l"I' ItI' 'A't t'" r'..RV! I t U t 1� y.�"1^ a � -!! 1 1 11,£llt..li8 •prlt_1,w ,w f Tn.t.. +s- .+..n LAI._. IL_ 1._•af= r_,l t _•o ..1 n_t..._, n_r,a•_u•i_IaA_dANli:.l1 ,±... :4.,.''' .. :Nr_:l u_. ...1,d..i:Af._'r NI!!. ii8lai.. t;LA ...A}i'.:_t. __n •_n• ..AY :17._Ytr;Yi... 4 int W1,73 ii.PA tT1U „........, „_...,. . 5 O li :_,,,,,:,...„ ., I. I7 25-Year Product Assurance&Warranty Program Terms and Conditions ;',,,,•:[-::',. Service under this Contract is provided by Musco Sports Lighting,LLC("Musco") 5. Contract Limitations: " . f or an authorized servicer , approved by Mico. Services performed under this a.EXCLUSIONS FROM COVERAGE: IN NO EVENT WILL MUSCO �� - Contract shag consist of furnishing labor and parts necessary to restore the BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR : .0 operation of the Covered ProductsuchARE NOT Products) to original design criteria provided CONSEQUENTIAL DAMAGES WHICH INCLUDE, BUT '�'; service is necessitated by failure of the Covered Product(s)during normal usage. LIMITED TO, ANY DELAY IN RENDERING SERVICE OR LOSS OF t., , This Contract covers Product(s)consisting of Musco s Total Light Control-TLC for USE DURING THE REPAIR PERIOD OF THE COVERED PRODUCT(S) _ ,•r LEDru or Green Generation Lighting.with Control-Link®and any additional Mused OR WHILE OTHERWISE AWAITING PARTS. y` 4 4,5w manufactured product as listed on page 2. b. Limitation of Liability To the extent nobility permitted by applicable law, the •I', > 'We","us"and"our"mean Musco.'You”and"your'mean the purchaser of the liability of Musco,if any,for any allegedly defective Covered Product(s) Wil : ;', ya, Covered Product(s).No one has the authority to change this Contract without the or components shag be limited to repair or replacement of the Covered a f. prior written approval of Musca.Musco shag not assume responsibility for their Product(s)or = pons rEy ( ) components at Masco's option.THIS CONTRACT IS YOUR agents or assignees other than as described below.If there is a conflict between SOLE EXPRESS WARRANTY WITH RESPECT TO THE COVERED -7-15'-'' the terms of this Contract and information communicated either orally or in writing PRODUCT(S). ALL IMPLIED WARRANTIES WITH RESPECT TO -= by one or more of our employees or agents,this Contract shall control. THE COVERED PRODUCT(S)INCLUDING, BUT NOT LIMITED TO, r IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR '^ Additional Provisions A PARTICULAR PURPOSE,ARE HEREBY EXPRESSLY EXCLUDED. % G. PRODUCT INFORMATION iCC:1 Memorial Field, 150369 Datasheet: Light-Structure System' TLC for LED" / Poletop1i� ' Iii, Luminaire ,./� 5 Assembly %/ s TM i-•.. ,,,., N 5 Easy Pieces Complete System from Foundation to Poletop Factory wired,aimed,and to;ted Fast,trouble-free installation i Comprehensive corrosion package 4 Wire Harness I integrated lightning ground I i I f Electrical Components 1 3 Enclosure 11 „'I Galvanized Steel Pole Z 1 Precast Concrete Base 1 r- 1 0000`./`/`../ -201 S.2016 Musco Sports Lighting,LLC U.S.and foreign patent(s)issued and pending. - M-2214-en04- MUSCOWww.musco.com • tighting«musco.com 1 Datasheet: Light-Structure System 111111111111 • 5 Easy Pieces' TLC for LED"- Precast Concrete Base Overview The precast concrete base is set directly into the ground and lilt backfilled with concrete.The base includes an integrated lightning ground system. 41,5111 Features V741 I Base • Set pole on base in 24 hours • Tapered upper section for slip-fit steel pole • Access holes for wire entry • Epoxy-coated ends prevent water intrusion • Lifting hole accepts load-rated steel rod provided e by Musco ,a FI Integrated Lightning Ground System • Complies with NFPA 780,UL 96A,and EN 62305 standards when installed per Musco installation instructions • UL Listed,Class II Lightning Protection, file number E337467 • Tested up to 100 kA by independent laboratory • Steel pole interfaces with integrated grounding system by means of the pole grounding connector • 2/0 AWG(crossectional area of 67.4 mm2)grounding electrode conductor • Concrete-encased grounding electrode,20 feet(6.1 m) total length,1/2 inch(12.7 mm)diameter Technical Specifications Base dimensions vary.For measurements refer to project-specific Foundation and Pole Assembly drawing. Construction • Spun concrete construction "` • Prestressed steel vertical strands and coil spiral for strength throughout base • Minimum design strength is 9500 lb/int(65.5 MPa)at 28 days .00 • Meets ASTM C1804 design requirements Quality Assurance Tests • 28-day compressive strength • Bending moment capacity {/"��/�'\f���j/'�j • Grounding system continuity �'�..,/ J`..� '02012,2016 Mown Sports Lighting.LLC - U.S.patents Issued. M-2215-en04-1 (LS' CO www.musco.com • lighting tmusco.com 1 Datasheet: Light-Structure System'" 111111111111 5 Easy Pieces, TLC for LED "- Precast Concrete Base Wireway 4j tili in Pole grounding connector Pole ID Fl ii l r Steel Tapered upper reinforcement section for slip-fit steel pole '_ 0` Handhole Lifting hole 1 Grounding electrode conductor Compacted I dirt fill top 2ft(0.6m)` i)----- Conduit adapter plate Wire access hole Concrete backfill" , Integrated grounding electrode . , i ii ita 'ie .b *Standard pier foundation shown.Foundation and/or backfill may vary per alternate foundation design. l./00( b2012,2016 Musco Sports Lighting.LLC - U.S.patents issued. - M-2215-eno41 MUSCOwww.musco.com • lighting4musco.com 2 Datasheet: Light-Structure System- ©� 5 Easy Pieces' TLC for LED'"- Galvanized Steel Pole Overview The galvanized steel pole is designed to slip-fit together with the precast concrete base and the poletop luminaire assembly. Features • Slip-fit connection allows pole assembly with come-alongs • Built-in hardware for attaching electrical components �� .. enclosure • Wire access from inside the pole(no exposed wiring or conduit) • Shipped in sections for easier handling • Labeled with pole identification for location on field Technical Specifications Pole dimensions vary.For measurements refer to project specific pole configuration drawing. Construction • Pole designs comply with all major building codes • High strength,low alloy,tapered,round steel pole • Hot-dip galvanizing inside and outside after fabrication meets ASTM-A123 and EN 1461 standards • Conforms to AASHTO stress standards and BS EN 40-3-1 • Grounding lug—rated for aluminum(AL)or copper(CU)wiring • Pole shipped in sections • Stainless steel fasteners passivated and coated ° • Material certifications are available Quality Assurance Tests • Bending stress • Minimum galvanizing thickness • Straightness measurement 0000 V2005,2016 Musco Sports Lighting,LLC M-2216-en04-t t1'lUSCO www.musco.com • lighting@musco.com 1 Datasheet: Light-Structure System'" III 1111 • 5 Easy Pieces' TLC for LED-- Galvanized Steel Pole Weld mark to identify field side orientation Jacking ear Wire harness strain relief provided on poles 80 ft(24.5 m) i p and taller per NEC Electrical components enclosure attachment bracket Electrical components ( enclosure hub with stainless • Wire access handhole steel screw threads Grounding lug (inside handhole) Slip-fit attachment to precast concrete base Weld mark to identify l field side orientation iP i h ir_ oc/` X x2005,2016 Musco Sports Lighting,LLC • M-2216-en041 IUSCO www.musco.com lightingr)musco.com 2 Datasheet: Light-Structure System" ■II©fII • 5 Easy Pieces' TLC for LED"'- Electrical Components Enclosure Overview The electrical components enclosure contains all necessary equipment to operate luminaires.Built-in mounting hardware �\/ allows for easy attachment to the galvanized steel pole.Quick Aconnect plugs fasten to the wire harness. -tlli' ' Features 444. ,e, ^` • Factorybuilt and tested as a unit • Quick connect plug for easy field wiring `` s • Mounted 10 ft(3 m)above grade for servicing with ladder 1, i, • Labeled with pole identification and electrical information E1 • Drivers individually fused and spare fuses supplied , 1 1 ►,' • Wire access from inside the pole(no exposed wiring ll or conduit) 11 1, I, • Disconnect per circuit f, it I1 1✓, i' 1n 11 Technical Specifications 1, 1� II %111 ��I1 I 1:- , 1 For amperage draws and circuitry refer to project 1, / 1 )1 .v`. specific document. /r %tQ , `1 C2 Construction 11�—"'--' • 0.08 inch(2 mm)thick,powder-coated aluminum , • Enclosure ratings:NEMA 3R,dP54 • Designed to operate in up to 50'C(122'F)ambient °.j temperature • Full length stainless steel hinge • All stainless steel fasteners passivated and coated i • Meets touchsafe standards • Up to four drivers per enclosure • Approximate weight 65 lb(29 kg) • Lower enclosure size 14.25 in(362 mm)wide x 8 in(203 mm)deep x 52.5 in(1334 mm)high • Upper enclosure size 14.25 in(362 mm)wide x 8 in(203 mm)deep x 40.5 in(1029 mm)high Quality Assurance Tests • Grounding continuity • High potential dielectric withstand • Full functionality test COCJ 8/2015,2016 Musco Sports Lighting,LLC ECE 9 61-2217-en04-1 IT1USCOwww.musco.com • lighting amusco.com 1 Datasheet: Light-Structure System- ■■ 3 III 111 • 5 Easy Pieces TLC for LED''- Electrical Components Enclosure /�I. :'. i � l� l j 11 41 xI- `-` I e�: "= ` ' Controller ,...,,jr ,_, , , 41,,, ,!,,,r. r,„_ i 4,9EI IIII' IIii � r■ schematicsngI F Spare fuses I f�', ,MI Fuses r �ki4‘ !� Pole ah nment PAkiNs4-.i beam switch 1 1144R , 111��! -, 4 i, , �1�r, � • ��\io y>% /� Ground bar(AL,CU)* Pi • %woe 1 Surge protection Rid�Q / ''' iltd /' Terminal blocks Qisconnect(CU only)* 1 SII ' i / r !L _ *Aluminum(AL) Copper(CU) (X)00 4)2015,2016 Musco Sports Lighting,LLC • ECE 9 M-2217-en04-1 I'T1USCO www.musco.com • lighting n musco.com 2 Datasheet: Light-Structure System' 11111111 4 ■ 5 Easy Pieces" TLC for LED'"-Wire Harness Overview Arge The factory-built wire harness connects the electrical components enclosure to the poletop luminaire assembly. Features �, � � 441% .' �� ��/ • Quick connect plugs for easy field wiring • Factory-assembled support grip alleviates11 strain on connections • Spiral wound cable eliminates slippage • Protective sleeve prevents wire damage • All internal wiring,no exposed wires 2- • Labels identify pole and luminaires R 4 �.g Technical Specifications i - Construction ..• = • Spiral wound,wrapped cable,14 AWG (cross-sectional area of 2.08 mm2)copper wire • integral cable support grip • Two wires per driver • Each harness supports up to four drivers • Multiple top connectors may be present if required for number of luminaires Quality Assurance Tests • Connector/load resistance • High potential dielectric withstand , • Grounding continuity1 S' • Termination crimp A COCA -o2005,2016 Musco Sports 12g Pimp,LLC iM-2218-en04-1 MUSCOwww.musco.com • lighting,amusco.com Datasheet: Light-Structure Systeme ■IIIIQ■ 5 Easy Pieces' TLC for LED"-Wire Harness it GO Top quick connector ni Wire tie cs. — Bar harness ..-= -1... Wire harness top Top cable support grip quick connector \ VI quick connector TAI Gable support grip Spiral wound cable consisting and snap hook of 14 AWG(cross-sectional Al area of 2.08 aim')copper wire a t Op-N i 1 • Cable support grip and snap hook Mid-point cable support grip , (if required) for poles 80 ft(24.5 m)and taller \ _` .14111111W A ll Enclosure harness quick connector Flexible protective sleeve g - '� 1, Wire harness bottom quick connector 1 #4-0- ,: __7r, Bottom quick connector a • A COCO '92005,2016 Musco Sports lighting,LIC M-221&en04-1 .J/M��....••//"U��..JJSCO www.musco.com • lighting J:musco.com Datasheet: Light-Structure System ■ 1111 III 5 Easy Pieces' TLC for LED'"- Poletop Luminaire Assembly,Weld On Overview The factor aimed poletopluminaire assembly the isupper section theofpole and slip-fits together with the galvanized 44 %' steel pole. Features „ tiO• • Each luminaire is factory-built,tested,and ships as a unit • Luminaires are factory-aimed to two-tenths degree of accuracy • Luminaire mounts and connects in a single step • Slip-fit connection allows assembly with come-alongs • All luminaires are factory-wired to a quick connect harness for easy installation • Labels identify pole and luminaire location • No exposed wiring or conduit • Factory-set pole alignment beam allows easy field alignment Technical Specifications Construction • Crossarms and pole shaft hot-dip galvanizing inside and outside after fabrication meets ASTM-A123 and EN 1461 standards • All aluminum components are powder-coated or anodized to mil-A-8625F and B5 5599 • Luminaire and knuckle are powder-coated die-cast aluminum • All stainless steel fasteners are passivated and coated • Crossarms are constructed of rectangular steel tubing • Polecap is attached with stainless steel lanyard and securing bolt Quality Assurance Tests • Galvanizing thickness • High potential dielectric withstand • Electrical continuity C2015,2016 Musco Sports Lighting,LLC U.S.and foreign natent(s)issued and°ending. M-2219-en04-1 muC0 www.musco.com • Iighting,o;musco.com 1 Datasheet: Light-Structure System'" 111111111 ., 5 Easy Pieces- TLC for LED "- Poletop Luminaire Assembly,Weld On Polecap ; __ ___ •. i Lanyard ,' ••• • Wire harness quick connector I t Bar harness quick connector ( . iti i 1I • i l Crossarm ` i Die-cast aluminum w 0 �� ‘` (A-di- , luminaire mounting plate ,.� es If � • ., ,c. , • Die-cast aluminum knuckle i , 1 _ 17!' I Aluminum housing ` ' Aluminum spill light and �' glare light control visor Crossarm �� Diode light source—LED wiring \� Pole shaft \-- W Jacking ears I -- g Pole alignment beam V Set screw 0000X2015,2016 Musco Sports Lighting,LLC U.S.and foreign patent(s)issued and pending. M-2219-en04-1 MISCOwww.musco.com • lighting@musco.com THE AMERICAN INSTITUTE OF ARCHITECTS U•tlil VFW Y s. Bond 106906973 r -'ter A!A Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY Musco Sports Lighting, LLC Travelers Casualty and Surety Company of America 100 1st Avenue, West One Tower Square Oskaloosa, IA 52577 2SHS Hartford, CT 06183 OWNER (Name and Address): Jefferson County Public Works Dept 623 Sheridan St. . Port Townsend, WA 983680 CONSTRUCTION CONTRACT :Purchase Order-4111783 Da#e: May 8,2018 Amount: $272,760.00 Description (Name and Location):Memorial Field, Project No. 150369 BOND Date (Not earlier than Construction Contract Uate): May 23,2018 Amount: $272,760.00 Modifications to this Bond: 0 None See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) (Corporate Seal) Musco Sport "gh nc Travelers Casualty and Surety Company of America Signature: Signature: Name and Ti e: Name and Title:Vanderpool, Diane M. AttorneY-in-Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Reynolds and Reynolds, Inc. other party): 300 Walnut, Suite 200 Des Moines, IA 50309 AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 THIRD PRINTING•MARCH 1987 F889 Rev.6/87 1 The Contractor and the Surety, jointly and severally, which it may be liable to the Owner and, as bind themselves, their heirs, executors, administrators, soon as practicable after the amount is deter- successors and assigns to the Owner for the performance mined, tender payment therefor to the of the Construction Contract,which is incorporated herein Owner; or by reference. .2 Deny liability in whole or in part and notify the 2 If the Contractor performs the Construction Contract, Owner citing reasons therefor. the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as 5 If the Surety does not proceed as provided in Paragraph provided in Subparagraph 3.1. 4 with reasonable promptness,the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an 3 If there is no Owner Default, the Surety's obligation additional written notice from the Owner to the Surety under this Bond shall arise after: demanding that the Surety perform its obligations under 3.1 Owner has notified the and the this Bond,and the Owner shall be entitled to enforce any 3.1 The at its describediedien Paragraph Contractor 10 below remedy available to the Owner. If the Surety proceeds as Suthat the Owner address considering declaring a Contractor provided in Subparagraph 4.4,and the Owner refuses the Default and has requested and to a payment tendered or the Surety has `denied liability, in Default and with the and attemptedtor and the Suretyoarrangetae whole or in part,without further'notice the Owner shall be conferenceheld not later than fifteen days after receipt of such entitled to enforce any remedy available to the Owner. notice to discuss methods of performing the Construc- 6 After the Owner has terminated the Contractor's right tion Contract. If the Owner, the Contractor and the to complete the Construction Contract, and if the Surety Surety agree,the Contractor shall be allowed a reason- elects to act under Subparagraph 4.1, 4.2, or 4.3 above, able time to perform the Construction Contract, but then the responsibilities of the Surety to the Owner shall such an agreement shall not waive the Owner's right,if not be greater than those of the Contractor under the any,subsequently to declare a Contractor Default;and Construction Contract, and the responsibilities of the 3.2 The Owner has declared a Contractor Default and Owner to the Surety shall not be greater than those of the formally terminated the Contractor's right to complete Owner under this Bond,e but subjectun Contract.To the elimit byothe the contract. Such Contractor Default shall not be de- amount of but to commitment the theeaier than twenty r Default Contractor be and Owner of the Balance of the Contract Price to mitigation of Sure- the dared Suearl have received ndaoticeafer as provided in Sub- costs and damages on the Construction Contract,the paragraph 3.1; and ty is obligated without duplication for: 3.3 The Owner has agreed to pay the Balance of the 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc • tion Contract Price to the Surety in accordance with the Contract; terms of the Construction Contract or to a contractor selected to perform the Construction Contract in actor- 6.2 Additional legal, design professional and delay dance with the terms of the contract with the Owner. costs resulting from the Contractor's Default, and re- 4 When the Owner has satisfied the conditions of Para sulting from the actions or failure to act of the Surety under Paragraph 4; and graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 6.3 Liquidated damages, or if no liquidated damages 4.1 Arrange for the Contractor, with consent of the are specified in the Construction Contract,actual dam- Owner, to perform and complete the Construction ages caused by delayed performance or non-perfor- Contract; or mance of the Contractor. 4.2 to perform complete the Construc- 7 The Surety shall not be liable to the Owner or others for 4.2 Undertake ands compl coor mplete hInde- obligations of the Contractor that are unrelated to the Con- tion Contract pendent rac contractors;itself,through or struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such 4.3 Obtain bids or negotiated proposals from unrelated obligations. No right of action shall accrue on qualified contractors acceptable to the Owner for a this Bond to any person or entity other than the Owner or contract for performance and completion of the Con- its heirs,executors, administrators or successors. struction Contract, arrange for a contract to be pre- 8 The Surety hereby waives notice of any change,includ- pared for execution by the Owner and the contractor ing changes of time, to the Construction Contract or to selected with the Owner's concurrence,to be secured related subcontracts, purchase orders and other obliga- with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the tions. Construction Contract, and pay to the Owner the 9 Any proceeding, legal or equitable, under this Bond amount of damages as described in Paragraph 6 in ex- may be instituted in any court of competent jurisdiction in cess of the Balance of the Contract Price incurred by the the location in which the work or part of the work is located Owner resulting from the Contractor's default; or and shall be instituted within two years after Contractor 4.4 Waive its right to perform and complete,arrange Default or within two years after the Contractor ceased for completion, or obtain a new contractor and with working or within two years after the Surety refuses or fails reasonable promptness under the circumstances: to perform its obligations under this Bond,whichever oc- curs first. If the provisions of this Paragraph are void or ,1 After investigation,determine the amount for prohibited by law,the minimum period of limitation avail- MA,DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA 19 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 2 THIRD PRINTING•MARCH 1987 able to sureties as a defense in the jurisdiction of the suit tractor of any amounts received or to be received by shall be applicable. the Owner in settlement of insurance or other claims 10 Notice to the Surety,the Owner or the Contractor shall for damages to which the Contractor is entitled, re- be mailed or delivered to the address shown on the sig- behalf by all Cod andproper payments made to or on Con- nature page. behalf of the Contractor under the Construction Con tract. 11 When this Bond has been furnished to comply with a 12.2 Construction Contract:The agreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig- the construction was to be performed,any provision in this nature page, including all Contract Documents and Bond conflicting with said statutory or legal requirement changes thereto. shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor, be deemed incorporated herein. The intent is that this which has neither been remedied nor waived,to per- Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the common law bond. Construction Contract. 12 DEFINITIONS 12.4 Owner Default:Failure of the Owner,which has 12.1 Balance of the Contract Price:The total amount neither been remedied nor waived, to pay the Con- payable by the Owner to the Contractor under the tractor as required by the Construction Contract or to Construction Contract after all proper adjustments perform and complete or comply with the other terms have been made, including allowance to the Con- MODIFICATIONS thereof. TO THIS BOND ARE AS FOLLOWS: SEE LIMITED MAINTENANCE PROVISION RIDER ATTACHED HERETO AND MADE A PART HEREOF kSpace is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: ACA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C. 20006 3 THIRD PRINTING•MARCH 1987 THE AMERICAN INSTITUTE OF ARCHITECTS MOS AIA Document A312 Bond 106906973 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY(Name and Principal Place of Business): Musco Sports Lighting, LLC Travelers Casualty and Surety Company of America 100 1st Avenue, West One Tower Square Oskaloosa, IA 52577 2SHS Hartford, CT 06183 OWNER (Name and Address): Jefferson County Public Works Dept 623 Sheridan St. Port Townsend,WA 98368 CONSTRUCTION CONTRACT :Purchase Order-4111783 Date: May 8,2018 Amount: $272,760.00 Description (Name and Location): Memorial Field, Project No. 150369 BOND Date (Not earlier than Construction Contract Date): May 23,2018 Amount: $272,760.00 Modifications to this Bond: None YES See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Musco Sports •, LC ravelers Casualty and Surety Company of Am 'ca ), ) • Signatu.-. . .�"-. Y -- Name -nd Title: Name and Title: Diane M. Vander:oral, Attorney-in-Fact (Any additional signatures appear on page 6) (FOR INFORMATION ONLY-Name,Address and Telephone) OWNER'S REPRESENTATIVE (Architect,Engineer or other AGENT or BROKER: party): Reynolds& Reynolds, Inc. 300 Walnut, Suite 200 Des Moines, IA 50309 AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-1984 1 THIRD PRINTING•MARCH 1987 1 1 The Contractor and the Surety, jointly and severally, 5 If a notice required by Paragraph 4 is given by the bind themselves, their heirs, executors, administrators, Owner to the Contractor or to the Surety, that is sufficient successors and assigns to the Owner to pay for labor, compliance. materials and equipment furnished for use in the 6 When the Claimant has satisfied the conditions of performance of the Construction Contract, which is Paragraph 4, the Surety shall promptly and at the SureWs incorporated herein by reference. expense take the following actions: 2 With respect to the Owner, this obligation shall be null 6.1 Send an answer to the Claimant, with a copy to the and void if the Contractor: Owner, within 45 days after receipt of the claim, stating 2.1 Promptly makes payment, directly or indirectly, for the amounts that are undisputed and the basis for all sums due Claimants,and challenging any amounts that are disputed. 2.2 Defends, indemnifies and holds harmless the 6.2 Pay or arrange for payment of any undisputed Owner from claims, demands, liens or suits by any amounts. person or entity whose claim, demand, lien or suit is for 7 The Suretys total obligation shall not exceed the the payment for labor, materials or equipment furnished amount of this Bond, and the amount of this Bond shall be for use in the performance of the Construction credited for any payments made in good faith by the Contract, provided the Owner has promptly notified the Surety. Contractor and the Surety(at the address described in Paragraph 12) of any claims, demands, liens or suits 8 Amounts owed by the Owner to the Contractor under the and tendered defense of such claims, demands, liens Construction Contract shall be used for the performance of or suits to the Contractor and the Surety, and provided the Construction Contract and to satisfy claims, if any, under there is no Owner Default. any Construction Performance Bond. By the Contractor 3 With respect to Claimants, this obligation shall be null furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of and void if the Contractor promptly makes payment, the Construction Contract are dedicated to satisfy directly or indirectly,for all sums due. obligations of the Contractor and the Surety under this 4. The Surety shall have no obligation to Claimants under Bond, subject to the Owner's priority to use the funds for the this Bond until: completion of the work. 4.1 Claimants who are employed by or have a direct 9 The Surety shall not be liable to the Owner, Claimants or contract with the Contractor have given notice to the others for obligations of the Contractor that are unrelated to Surety(at the address described in Paragraph 12) and the Construction Contract. The Owner shall not be liable for sent a copy, or notice thereof,to the Owner,stating that payment of any costs or expenses of any Claimant under a claim is being made under this Bond and, with this Bond, and shall have under this Bond no obligations to substantial accuracy,the amount of the claim. make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 4.2 Claimants who do not have a direct contract with the Contractor: 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to .1 Have furnished written notice to the Contractor related subcontracts, purchase orders and other obligations. and sent a copy, or notice thereof, to the Owner, within 90 days after having last 11 No suit or action shall be commenced by a Claimant performed labor or last furnished materials or under this Bond other than in a court of competent equipment included in the claim stating, with jurisdiction in the location in which the work or part of the substantial accuracy, the amount of the claim work is located or after the expiration of one year from the and the name of the party to whom the date (1) on which the Claimant gave the notice required by materials were furnished or supplied or for Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last whom the labor was done or performed; and labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the .2 Have either received a rejection in whole or in Construction Contract, whichever of(1) or(2)first occurs. If part from the Contractor, or not received within the provisions of this Paragraph are void or prohibited by 30 days of furnishing the above notice any law, the minimum period of limitation available to sureties communication from the Contractor by which as a defense in the jurisdiction of the suit shall be the Contractor has indicated the claim will be applicable. paid directly or indirectly;and 12 Notice to the Surety, the Owner or the Contractor shall .3 Not having been paid within the above 30 be mailed or delivered to the address shown on the days, have sent a written notice to the Surety signature page. Actual receipt of notice by Surety, the (at the address described in Paragraph 12) Owner or the Contractor, however accomplished, shall be and sent a copy, or notice thereof, to the sufficient compliance as of the date received at the address Owner, stating that a claim is being made shown on the signature page. under this Bond and enclosing a copy of the previous written notice furnished to the 13 When this Bond has been furnished to comply with a Contractor. statutory or other legal requirement in the location where the construction was to be performed, any provision in this AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-1984 2 THIRD PRINTING•MARCH 1987 Bond conflicting with said statutory or legal requirement service or rental equipment used in the Construction shall be deemed deleted herefrom and provisions Contract, architectural and engineering services conforming to such statutory or other legal requirement shall required for performance of the work of the Contractor be deemed incorporated herein. The intent is that this Bond and the Contractor's subcontractors, and all other shall be construed as a statutory bond and not as a items for which a mechanic's lien may be asserted in common law bond. the jurisdiction where the labor, materials or equipment were furnished. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall 15.2 Construction Contract: The agreement promptly furnish a copy of this Bond or shall permit a copy between the Owner and the Contractor identified on to be made. the signature page, including all Contract Documents and changes thereto. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct 15.3 Owner Default Failure of the Owner, which contract with the Contractor or with a subcontractor of has neither been remedied nor waived, to pay the the Contractor to furnish labor, materials or equipment Contractor as required by the Construction Contract or for use in the performance of the Contract. The intent to perform and complete or comply with the other of this Bond shall be to include without limitation in terms thereof. the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Paragraph 6 above is deleted in its entirety and the following is substituted in its place: 6. When the Claimant has satisfied the conditions of Paragraph 4, and has submitted all supporting documentation and any proof of claim requested by the Surety, the Surety shall, with reasonable promptness, notify the Claimant of the amounts that are undisputed and the basis for challenging any amounts that are disputed, including, but not limited to,the lack of substantiating documentation to support the claim as to entitlement or amount, and the Surety shall, with reasonable promptness, pay or make arrangements for payment of any undisputed amount; provided, however, that the failure of the Surety to timely discharge its obligations under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not be deemed to be an admission of liability by the Surety as to such claim or otherwise constitute a waiver of the Contractor's or Surety's defenses to, or right to dispute, such claim. Rather, the Claimant shall have the immediate right,without further notice,to bring suit against the Surety to enforce any remedy available to it under this Bond. SEE LIMITED MAINTENANCE PROVISION RIDER ATTACHED HERETO AND MADE A PART HEREOF (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: i�gnure: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-1984 3 THIRD PRINTING•MARCH 1987 • Limited Maintenance Provision Rider To be attached to and form part of bond 106906973 issued by the Travelers Casualty and Surety Company of America on behalf of Musco Sports Lighting,LLC in the amount Two Hundred Seventy-Two Thousand Seven Hundred Sixty and No/100ths ($272,760.001 and dated May 23, 2018 in favor of Jefferson County Public Works Dept for Memorial Field,Project No. 150369 Principal and Surety shall guarantee that the work will be free of defective materials and workmanship for a period of Twelve(12) months following completion of the contract. Any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only, and the Surety assumes no liability for such a guarantee. Musco Sports Lighting,LLC • By. T • • Casualty and Surety Company of Am a Diane M.Vanderpool ,Attorney-i - act • Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company J TRAVELERS St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Diane M.Vanderpool of Des Moines Iowa their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 3rd day of February, 2017. g�c� --- rp J*bTY 4.yp exit or0 4�K c HAAs Q cow Ait State of Connecticut By: City of Hartford ss. Robert L.Raney,Se ohi"r Vice President On this the 3rd day of February,2017, before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. a My Commission expires the 30th day of June,2021 Y0(\4J1LIt.. C. J. * Marie C.Tetreault,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President,the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b) duly executed(under seal, if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this 23rd day of May ,2018 {‘ ��TT 4k0 tik;i ccorabn m y/ 41F „ie }\� Kevin E.Hughes,Assi tant Secretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attorney-in-Fact and the details of the bond to which the power is attached. AG-GPM ® DATE(MM/DD/YYYY) �.__ CERTIFICATE OF LIABILITY INSURANCE 05/18/2018 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 w certificate does not confer rights to the certificate holder in lieu of such endorsement(s). c PRODUCER CONTACT 41 II NAME: Aon Risk Services Central, Inc. E Omaha NE office (A C.No.Ext): (402) 697-1400 FAX No.): (402) 697-0017 d -17 11213 Davenport E-MAIL Suite 201 ADDRESS: C Omaha NE 68154 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Employers Mutual Casualty Co 21415 MUSCO Sports Lighting, LLC INSURERS: The Continental Insurance Company 35289 C/o Musco Corporation 100 1st Ave W INSURER C: Oskaloosa IA 52577 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570071203830 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested )NSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDD/YYYY) 1MM/DD/YYTY)) LIMITS A X COMMERCIAL GENERAL LIABILITY 2D5362518 07/01/2011 07/01/2018 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED $300,000CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) MED EXP(Any one person) $15,000 PERSONAL&ADV INJURY $1,000,000 M GENII AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 52,000,000 0 PRO- I N POLICY X JECT x )LOC PRODUCTS-COMP/OPAGG $2,000,000 n OTHER: p A AUTOMOBILE LIABILITY 2E5362518 07/01/2017 07/01/2018 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X ANY AUTO BODILY INJURY(Per person) o z OWNED —SCHEDULED BODILY INJURY(Per accident) N AUTOS AUTOS X HIREDUTO BONLx NON-OWNED PROPERTY DAMAGE V ONLY AUTOS ONLY (Per accident) to= r a B X UMBRELLALIAB X OCCUR CUE6042800716 07/01/2017 07/01/2018 EACH OCCURRENCE $10,000,000 U --- EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED X RETENTION$10,000 A WORKERS COMPENSATION AND 225362518 07/01/2017'07/77= x PER STATUTE OTH- EMPLOYERS'LIABILITY /N ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? I N I N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000— n DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) �.N Re: Musco Project 150369 - Memorial Field Additional Insured including Completed Operations in favor of Jefferson County Department of Public Works and KCDA applies on gs the General Liability policies. waiver of Subrogation in favor of the certificate holder applies on all policies. 0 r CERTIFICATE HOLDER CANCELLATION 02 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE z� POLICY PROVISIONS. 5,r� Jefferson County Department of Public WO AUTHORIZED REPRESENTATIVE 623 Sheridan Street Port Townsend WA 98368 USA cP �� _ E, ola ` Nil ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator From: Monte Reinders, Public Works Director/County Engineer/it, Agenda Date: July 2, 2018 Subject: Execution of Contract for Construction for Memorial Field Lighting Replacement Project# 30120350 Statement of Issue: Execution of a Contract for Construction with KCDA (King County Director's Association) and MUSCO Sports Lighting LLC, of Muscatine, Iowa. This is for design and construction services for the replacement of sports field lighting at the Jefferson County Memorial Field. The existing sports field lighting, poles, and distribution wiring will be removed. Analysis/Strategic Goals/Pro's Ft Con's: This procurement has been sourced via KCDA, which holds the original contract with the contractor/vendor. The scope and price were negotiated with MUSCO Sports Lighting, in accordance with the original contract. KCDA has checked the proposal for conformance with the original contract. Fiscal Impact/Cost Benefit Analysis: This project is funded by an RCO grant, donations, and County Funds. The Contract Amount is $272,760 plus tax. Grants and Donations provide approximately 75% of the cost of this project. The County share for this Contract is approximately 25% or $68,190. Grants and donations will be paid to the County on a reimbursable basis, following payments to the Contractor/Vendor. Recommendation: We recommend that this Contract (four originals) for Construction be signed by the Board. Please sign and return (3) originals to Public Works, retaining one original for your records. Department Contact: Gordon D. Ramstrom, Architectural Projects Planner, 385-9380 Reviewed By: ,/-- z, Philip Morley, County ministrator Date CONTRACT REVIEW FORM v- (:2_4 CONTRACT WITH: MUSCO Sport Lighting/ KCDA (KING COUNTY DIRECTORS ASSOC.) (Contractor/Consultant) CONTRACT FOR: Memorial Field Lighting Replacement TERM: 2018 COUNTY DEPARTMENT: Public Works For More Information Contact: Gordon Ramstrom Contact Phone #: (360) 385-9380 MAY U 8 2018 RETURN TO: Chris RETURN BY: May 12, 2018 (Person in Department) (Date) AMOUNT: $297,308.40 tax inclusive PROCESS: Exempt from Bid Process .39700.00 _ Consultant Selection Process Revenue: 301.000010.33402.73 Cooperative Purchase Expenditure: 301.000010.59410.63 Competitive Sealed Bid Matching Funds Required: YES _ Small Works Roster Sources(s) of Matching Funds Donations/County funds Vendor List Bid _ RFP or RFQ X Other (KCDA) Step 1: REVIEW BY frit Al ,to M Review by: ► L/1 6/1-e2-(61C Philip Morley Date Reviewed: qAPPROVED FORM 4 n Returned for revision(See Comments) Comments -4( s ...6 r t-0 C e.t5r c_ Z(a7, PC_ZO A+ ,( 1,9 ;4(..„. ) s /1- v r �p r�J'c�.cc yrs+-z-�7•t''� Step 2: REVIEW BY PRQSEC N ATTORNEY Review by: �. C. Philip C.Hunsucker Date Reviewed: f� /6 �/ APPROVED AS TO FORM* / Returned for revision(See Comments) Comments-1c Q,e- aiW wkti, Cf� Step 3: (If required)DEPARTMENT MAKES REVISIONS AND RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS Step 5: SUBMIT TO BOCC FOR APPROVAL Submit originals and 6 copies of Contract and Review Form with Agenda Bill to BOCC Office. Place"Sign Here"markers on all places the BOCC needs to sign. MUST be in BOCC Office by 4:30 p.m.TUESDAY for the following Monday's agenda. (This form is to stay with the contract throughout the contract review process and accompany the Agenda Bill.) G:\Pw_CIP\PARKS\Memorial Field Lighting 2018\KCDA\Three way contract\04318 Risk and Legal MEM FLD LGHTG.docx rev. 12/10/2014 1. • June 26,2018: PAO Comments on MUSCO Sport Lighting/KCDA Contract 1. Assuming Item#2 below is addressed,this contract is approved as to form. Items 3-5 are merely noted, as they concern risk management decisions made to accept this form contract as is without the provisions preferred by the Washington Counties Risk Pool (WCRP). 2. Blanks should be filled in to avoid confusion. a. A/E on page 1. Please fill this in. Even an N/A(not applicable) is better than a blank. b. 3.5 on page 2. Please fill in blanks–N/A seems appropriate. c. 7.6 on page 4. Please fill in blank. Could say: Per MUSCO Proposal attached. d. 7.8 on page 4. Please fill in blank. Could say: Per MUSCO Proposal attached. e. 7.9 on page 4. Please fill in blank. Where, if anywhere, are prevailing rates covered? If not applicable, please say N/A. 3. General Conditions-13.3.5 on page 9. Note: There is no choice of forum language limiting where we could be sued. 4. General Conditions-17.3 on page 14. Note: Waiver of subrogation only applies to property insurance, not liability insurance as WCRP prefers as follows: a. The Contractor's insurers shall have no right of recovery or subrogation against the County(including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so affected shall protect all the parties and shall be primary coverage for all losses covered by the above described insurance. b. Insurance companies issuing the Contractor's insurance policy or policies shall have no recourse against the County(including its employees and other agents and agencies) for payment of any premiums or for assessments under any form of insurance policy. 5. General Conditions—Article 17 on page 14. Note: Missing WCRP preferred language as follows: a. All deductibles in the Contractor's insurance policies shall be assumed by and be at the sole risk of the Contractor. b. Any judgments for which the County may be liable, in excess of insured amounts required by this Agreement, or any portion thereof, may be withheld from payment due, or to become due, to the Contractor until the Contractor shall furnish additional security covering such judgment as may be determined by the County. c. Any coverage for third party liability claims provided to the County by a"Risk Pool" created pursuant to Ch. 48.62 RCW shall be non-contributory with respect to any insurance policy the Contractor shall provide to comply with this Agreement. d. The Contractor shall provide a copy of all insurance policies specified in this Agreement. e. Written notice of cancellation or change in the Contractor's insurance required by this Agreement shall reference the project name and agreement number and shall be mailed to the County at the following address: Jefferson County Risk Management, P.O. Box 1220, Port Townsend, WA 98368. f The Contractor's liability insurance provisions shall be primary and noncontributory with respect to any insurance or self-insurance programs 1 f .4 • June 26, 2018: PAO Comments on MUSCO Sport Lighting/KCDA Contract covering the County, its elected and appointed officers, officials, employees, and agents. g. Any failure to comply with reporting provisions of the insurance policies shall not affect coverage provided to the County, its officers, officials, employees, or agents. h. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2