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HomeMy WebLinkAboutA8909 - DAKTRONICS INCCONTRACT ABSTRACT 2 Originals: Agreement; 1 Original: Performance & Payment Bond and Insurance Contract Company Name: Daktronics. Inc. Company Contact: Brandy Louwagie, Transportation Regional Sales Summary of Services: CP 21-19, Airport LED Video Ribbon Contract Price: $259,559.85 Funding Source: 21-19-AIR CAP-AIRCAPPJCT-LEDVDRBNMN Contract Term: To be determined by the Notice to Proceed Munis Contract Number; 2021000059 Contract Administration Lead Department: Development Services - Engineering Division Contract Administrator: Joel Montalvo;-Art Cervantes Contract Approvals Council Approval Date: Agenda Item No. Agreement Number: I Contract Compliance July 22.2021 Item I.I. A8909 Exhibits: Attached Signatures: Attached Insurance: Attached Bonds: Attached Contract prepared by: Engineering Division Submitted on: 08'l 1/2021 By: Vonda Teed CITY OF PALM SPRINGS SHORT FORM CONSTRUCTION CONTRACT CP 21-19 AIRPORT LED VIDEO RIBBON 1. PARTIES AND DATE. This Contract is made and entered into this 27 day of MY , 2021 by and between the City of Palm Springs, a California charter city and municipal corporation ("City") and Daktronics, Inc., a South Dakota Corporation, with its principal place of business at 201 Daktronics Drive, Brookings, SD 57006 ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Contract. 2. RECITALS. 2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose. 2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing the addition and installation of new indoor Daktronics 5.9MM LED displays (model: DVN-3001- 5.9MN-1400-BR-MA) across the north and south ticketing terminals at the Palm Springs International Airport. The north ticketing terminal display shall expand approximately 194' and the south ticketing terminal display shall expand approximately 54'. The soffit to receive the monitors are fitted with data and electrical. Installation and freight are included in the proposal. The basic package is included for spare parts. A 1-year service warranty is included which consists of standard parts and labor. All quantities are an approximation based on the contractor's field measurements. The Agreement is inclusive of all costs, quantities, incidental or additional costs required to complete the work as identified, including all materials, supplies, labor, vehicles, equipment, and ancillary costs required to complete the work. The Contractor, its employees, or subcontractors have all necessary licenses and permits to perform the services in the State of California and is familiar with the plans of City. The following license classifications are required for this Project: Class C45 or C7, and C10. 2.3 Proiect. City desires to engage Contractor to render such services for CP 21-19, Airport LED Video Ribbon ("Project") as set forth in this Contract. 2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, applicable performance bond, payment bond, insurance documents and other certifications as required by the Contract. 3. TERMS 3.1 Compensation and Payment. 3.1.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of two hundred 55575.1816R33545817I fifty-nine thousand five hundred fifty-nine dollars and eighty-five cents ($259,559.85) ("Total Contract Price") provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City. 3.1.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein. Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments. 3.1.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others. 3.1.4 Contract Retentions. If this Contract is greater than Five Thousand dollars ($5,000), from each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107. 3.1.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor's obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such SUMS. 3.1.6 Substitutions for Contract Retentions. Pursuant to California Public Contract Code section 22300, Contractor may substitute securities for any money withheld by BB&K (2020) 2 SHORT FORM CONSTRUCTION CONTRACT 35575 18165133505817 I the City to ensure the performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, with the State or a federally chartered bank as the escrow agent, who shall return such securities to Contractor upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written agreement between the escrow agent and the City, which provides that no portion of the securities shall be paid to Contractor until the City has certified to the escrow agent, in writing, that the Contract has been satisfactorily completed. The City shall certify that the Contract has been satisfactorily completed within sixty (60) days of work "completion" as defined in Section 71O7(c) of the California Public Contract Code. Securities eligible for investment under this section shall be limited to those listed in Section 1643O of the Government Code, bank or savings & loan certificates of deposit, interest -bearing demand deposit accounts, stand-by letters of credit, or any other security mutually agreed to by Contractor. 3.1.7 Payment to Subcontractors. Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms of their respective subcontracts and as provided for in Section 7108.5 of the California Business and Professions Code. Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract. 3.1.8 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items. 3.1.9 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City. 3.2 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto: + Services/Schedule (Exhibit "A") + Project Details (Exhibit "B") • Special Conditions (Exhibit "C") • Contractor's Certificate Regarding Workers' Compensation (Exhibit "D") • Public Works Contractor Registration Certification (Exhibit "E") • Payment and Performance Bonds (Exhibit "F") • Federal Requirements (Exhibit "G") — Not Applicable • 2018 Edition of the Standard Specifications for Public Works Construction (The Greenbook). BBBK (2020) 3 SHORT FORM CONSTRUCTION CONTRACT 55575 18165\335058171 To the extent there is a conflict between any portions of this Contract, the order of precedence shall be as follows: change orders, special conditions, technical specifications, plans/construction drawings, general contract terms, scope of work, standard plans, advertisements for bid/proposals, bids/proposals or other documents submitted by Contractor. 3.3 Contractor's Basic Obligation; Scope of Work. 3.3.1 Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the "Work"), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit "B" attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit "C" attached hereto and incorporated herein by this reference. 3.3.2 Chance in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in advance and in writing by a valid change order executed by the City. 3.3.3 Change Orders. Changes to the Contract Time (as defined in Section 3.3) or Total Contract Price shall be in the form of a written Change Order, either signed by both parties or issued unilaterally by the City. No adjustment shall be made to the Contract Time unless the delay impacts the critical path to completion and the delay was not caused in whole or in part by the Contractor. The City's liability to Contractor for delays for which the City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. Failure to timely request a Change Order shall constitute a waiver of any right to adjust the Contract Time or the Total Contract Price. All requests for Change Orders shall be accompanied by detailed supporting documentation, including but not limited to payroll records, invoices, schedules, and any other documentation requested by the City for the purpose of determining the additional costs or the impact of any delay. If the change involves Work bid at a unit price, then the Total Contract Price shall be increased at the unit price. If there is no unit price, then the Total Contract Price shall be adjusted to account for costs actually incurred plus an allowed mark-up of fifteen percent (15%), which shall constitute the entire amount of profit, mark-ups, field or home office overhead costs, including personnel, equipment or office space, any materials, or any costs of equipment idle time for such work. Regardless of ownership, equipment rates shall not exceed the listed prevailing rates at local equipment rental agencies, or distributors, at the time the work is performed. Nothing herein shall prevent the Parties from agreeing to a lump sum cost. 3.3.4 Changes Ordered By City. City may at any time issue a written directive ordering additions, deletions, or changes to the Work. Contractor shall proceed with the work in accordance with the directive. To the extent the directive results in extra work or requires additional Contract Time, Contractor shall request a Change Order within seven (7) days of receiving the Work Directive. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined. BBBK (2020) 4 SHORT FORM CONSTRUCTION CONTRACT 55575.18165\33505817 1 3.3.5 Changes Requested By Contractor. With respect to any matter that may involve or require an adjustment to the Contract Time or the Contract Price, Contractor shall provide written notice of the underlying facts and circumstances that gave rise to the potential change within seven (7) days or prior to the alteration of conditions, whichever is earlier. Failure to give notice shall constitute a waiver of Contractor's right to a change order. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined. 3.4 Substitutions!"Or Equal". Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words "or equal." Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any "or equal" material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of "or equal" requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed "or equal" substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor. The City has the complete and sole discretion to determine if a material, process or article is an "or equal" material, process or article that may be substituted. Data required to substantiate requests for substitutions of an "or equal" material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted "or equal" material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted "or equal" material, process or article, and substantiates that it is an "or equal" to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted "or equal" material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution. Contractor shall bear all of the City's costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted "or equal' material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400. 3.5 Period of Performance and Liquidated Damages. BBBK (2020) S SHORT FORM CONSTRUCTION CONTRACT 55575.18165133505817 I 3.5.1 Contractor shall perform and complete all Work under this Contract within 20 working days, beginning the effective date of the Notice to Proceed ("Contract Time"). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits "A" or "B" attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of one thousand nine hundred ($1,900.00) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract. 3.5.2 If Contractor is delayed in the performance or progress of the Work by a Force Majeure Event (as defined herein), then the Contractor shall be entitled to a time extension, as provided herein, when the Work stopped is on the critical path and shall not be charged liquidated damages. Such a non-compensable adjustment shall be Contractor's sole and exclusive remedy for such delays and the Contractor will not receive an adjustment to the Total Contract Price or any other compensation. Contractor must submit a timely request in accordance with the requirements of the Contract. 3.5.3 A Force Majeure Event shall mean an event that materially affects a parry's performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, "orders of governmental authorities," includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. 3.6 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor's failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner BB&K (2020) 6 SHORT FORM CONSTRUCTION CONTRACT 55575 18165\33505817 1 acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work. 3.7 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers' compensation insurance. 3.8 City's Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below -referenced compensation in accordance with compensation provisions set forth in the Contract. 3.9 Labor. 3.9.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the Work is being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates. 3.9.2 Aaorenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law. BBRK (2020) 7 SHORT FORM CONSTRUCTION CONTRACT 55575 18165\33505817 1 3.9.3 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day's work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker. 3.9.4 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor. In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations ("DIR") on a weekly basis and in the format prescribed by the DIR, which may include electronic submission. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. 3.9.5 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the DIR. No bid will be accepted nor any contract entered into without proof of the contractor's and subcontractors' current registration with the DIR to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit "E" prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. 3.9.6 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the DIR. It shall be the Contractor's sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the DIR against Contractor or any subcontractor that affect Contractor's performance of Work, including any delay, shall be Contractors sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its BB&K (2020) a SHORT FORM CONSTRUCTION CONTRACT 55575 18165\33505817 1 officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Contractor or any subcontractor. 3.10 Performance of Work; Jobsite Obligations. 3.10.1 Water Qualily Management and Compliance. 3.10.1.1 Wafer quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter -Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter -Cologne Water Quality Control Act, to any ground or surface water in the State. 3.10.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board ("Permit"). It shall be Contractor's sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a "living document" that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor's sole responsibility to update the SWPPP as necessary to address conditions at the project site. 3.10.1.3 Other Water Quality Rules Regulations and Policies. Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs. 3.10.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, hereby acknowledges that it has investigated the risk arising from such waters and assumes any and all risks and liabilities arising therefrom. 3.10.1.5 Liability for Non -Compliance. Failure to comply with laws, regulations, standards, ordinances, and permits listed in Sections 3.10.1.1, 3.10.1.2, 3.10.1.3, and 3.10.1.4 of the Contract is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its directors, officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in BBBK (2020) 9 SHORT FORM CONSTRUCTION CONTRACT 55575.181651335059 k 7 1 completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor's failure to comply with the Permit. 3.10.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor's failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City's attorney's fees) associated with, any settlement reached between the City and the relevant enforcement entity. 3.10.1.7 Training. In addition to the standard of performance requirements set forth in this Contract, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.10.1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.10.1 as they may relate to the Work provided under this Contract. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph. 3.10.2 Safely. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site. 3.10.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and BBBK (2020) 10 SHORT FORM CONSTRUCTION CONTRACT 55575 18165\33505817 1 agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.10.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, a City Business License. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City's applicable business license fee. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project. 3.10.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City's review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. 3.10.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of. (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute. 3.10.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of. (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities. 3.10.8 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel -powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Contract. BBBK (2020) 11 SHORT FORM CONSTRUCTION CONTRACT 55575 18165-335448171 3.10.9 State Recycling_ Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling. 3.10.10 Inspection of Site. Contractor has visited sites where Work is to be performed and has become acquainted with all conditions affecting the Work. Contractor warrants that it has made such examinations as it deems necessary to determine the condition of the Work sites, its accessibility to materials, workmen and equipment, and to determine the Contractor's ability to protect existing surface and subsurface improvements. No claim for allowances —time or money will be allowed as to such matters. 3.10.11 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any work or altering the condition. 3.11 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a re -inspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain. Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code. 3.12 Claims; Government Code Claim Compliance. 3.12.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non -binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the Califomia Public Contract Code. This Section shall be construed to be consistent with said statutes. 3.12.2 Claims. For purposes of this Section, "Claim" means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. A "Claim" does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents. 3.12.3 Filing Claims. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited BB&K (2020) 12 SHORT FORM CONSTRUCTION CONTRACT 55575.181 G5U 3505817 I to the change order procedures contained herein, and Contractor's request for a change has been denied in whole or in part. Claims governed by this Section must be fled no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shalt include on its first page the following in 16-point capital font: "THIS IS A CLAIM." Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon. 3.12.4 Supporting Documentation. The Contractor shall submit all claims in the following format: 3.12.4.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made 3.12.4.2 List of documents relating to claim: (A) Specifications (B) Drawings (C) Clarifications (Requests for Information) (D) Schedules (E) Other 3.12.4.3 Chronology of events and correspondence 3.12.4.4 Analysis of claim merit 3.12.4.5 Analysis of claim cost, including calculations and supporting documents 3.12.4.6 Time impact analysis in CPM format 3.12.5 Citv's Response. Upon receipt of a Claim pursuant to this Section, City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days of receipt of the Claim, or as extended by mutual agreement, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within 60 days after the City issues its written statement. 3.12.5.1 If City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, City shall have up to three (3) days following the next duly publicly noticed BB&K (2020) 13 SNORT FORM CONSTRUCTION CONTRACT M 575 181 b5133505 817.1 meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. 3.12.5.2 Within 30 days of receipt of a Claim, City may request in writing additional documentation supporting the Claim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. City's written response to the Claim, shall be submitted to the Contractor within 30 Days (if the Claim is less than $50,000, within 15 Days) after receipt of the additional documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater. 3.12.6 Meet and Confer. If the Contractor disputes City's written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, within 15 Days of receipt of City's response or the City's failure to respond, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 Days for settlement of the dispute. 3.12.7 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 Days after City issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing, unless the Parties agree to select a mediator at a later time. 3.12.7.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. 3.12.7.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. 3.12.7.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. 3.12.7.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved Claims shall be considered jointly in a single mediation, unless a new unrelated Claim arises after mediation is completed. BB&K (2020) 14 SHORT FORM CONSTRUCTION CONTRACT 55575 18165133505817.1 3.12.8 Procedures After Mediation. If following the mediation, the Claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter i (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written Claim pursuant to subdivision (a) until the time the Claim is denied, including any period of time utilized by the meet and confer conference or mediation. 3.12.9 Civil Actions. The following procedures are established for all civil actions filed to resolve Claims of $375,000 or less: 3.12.9.1 Within 60 Days, but no earlier than 30 Days, following the filing or responsive pleadings, the court shall submit the matter to non -binding mediation unless waived by mutual stipulation of both Parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures. The mediation process shall provide for the selection within 15 Days by both Parties of a disinterested third person as mediator, shall be commenced within 30 Days of the submittal, and shall be concluded within 15 Days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court. 3.12.9.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. 3.12.9.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney's fees on appeal of the other party. 3.12.10 Government Code Claim Procedures. 3.12.10.1 This section does not apply to tort claims and nothing in this section is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commending with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the Government Code. 3.12.10.2 In addition to any and all Contract requirements pertaining to notices of and requests for adjustments to the Contract Time, Contract Price, or compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. 3.12.10.3 Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to adjustment of the Contract Time, Contract Price, or compensation or payment for extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any BB&K (2020) 15 SHORT FORM CONSTRUCTION CONTRACT 55575.18165133505817 1 prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor may not file any action against the City. 3.12.10.4 A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved Claims known to the Contractor excepting only new unrelated Claims that arise after the Government Code claim Is submitted. 3.12.11 Non -Waiver. City's failure to respond to a Claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the Claim being deemed rejected in its entirety and shall not constitute a waiver of any rights under this section. 3.13 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this Contract pursuant to the termination provisions in this Contract; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice. 3.14 Indemnification. 3.14.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all third party claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, "Claims") to the extent arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor's services, the Project or this Contract, including without limitation the payment of all expert witness fees, attorneys' fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor's indemnity obligation shall not apply to such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. 3.14.2 Additional Indernnily Obligations. Contractor shall defend, with counsel of City's choosing and at Contractor's own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to BB&K (2020) 16 SHORT FORM CONSTRUCTION CONTRACT 55575 18165133505817 1 indemnify shall survive expiration or termination of this Contract, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers. 3.15 Insurance. 3.15.1 Time for Comnliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause. 3.15.2 Minimum Reauirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage: 3.15.2.1 Minimum Scooe of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); (3) Workers' Compensation and Employer's Liability.- Workers' Compensation insurance as required by the State of Califomia and Employer's Liability Insurance; and (4) Builders'/All Risk or Installation Floater- Builders'/All Risk or Installation Floater insurance covering for all risks of loss, including explosion, collapse, underground excavation and removal of lateral support (and including earthquakes and floods if requested by the City). Policies shall not contain exclusions contrary to this Contract. 3.15.2.2 Minimum Limits of insurance. Contractor shall maintain limits no less than: (1) General Liability. $2,000,000 per occurrence and $4,000,000 general aggregate for bodily injury, personal injury and property damage limits may be satisfied through a combination of underlying policy limits and excess policies; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; (3) Workers' Compensation and Employer's Liability: Workers' compensation limits as required by the Labor Code of the State of Califomia. Employer's Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease; and (4) Builder~;'/All Risk or Installation Floater. Completed value of the project. Defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract. 3.15.2.3 Notices _ Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance BBBK (2020) 17 SHORT FORM CONSTRUCTION CONTRACT 55575.18165\33505817 1 showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Contract does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Contract. 3.15.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies: 3.15.3.1 General Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor's scheduled underlying coverage. Any insurance or self- insurance maintained by the City, its officials, employees, agents and volunteers shall be excess of Contractor's insurance and shall not be called upon to contribute with it. 3.15.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and volunteers shall be excess of Contractor's insurance and shall not be called upon to contribute with it in any way. 3.15.3.3 Workers' Compensation and EmOover's Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor. 3.15.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and volunteers. BB&K (2020) 18 SHORT FORM CONSTRUCTION CONTRACT 55575 18165133505817 I 3.15.4 Builders'/All Risk or Installation Floater Policy Reauirements. The builders7all risk or Installation Floater insurance shall provide that the City be named as loss payee. In addition, the insurer shall waive all rights of subrogation against the City. 3.15.5 Separation of Insureds: No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and volunteers. 3.15.6 Professional Liability Insurance. All architects, engineers, consultants or design professionals retained by Contractor shall also procure and maintain, for a period of five (5) years following completion of the Contract, errors and omissions liability insurance with a limit of not less than $1,000,000 per occurrence. This insurance shall name the City, its directors, officials, officers, employees, agents and volunteers as additional and insureds with respect to Work performed, and shall otherwise comply with all requirements of this Section. Defense costs shall be paid in addition to the limits. 3.15.7 Deductibles and Self-insurance Retentions. Any deductibles or self - insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.15.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated. 3.15.9 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.15.10 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing. 3.15.11 Reporting of Claims. Contractor shall report to the City, in addition to Contractor's insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract. 3.16 Bond Requirements. BB&K (2020) 19 SHORT FORM CONSTRUCTION CONTRACT 55575 18155133505817 i 3.16.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit "C" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City. 3.16.2 Performance Bond. If specifically requested by City in Exhibit "C" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City. 3.16.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause. 3.16.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California -admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.17 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non -conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor's obligation hereunder to correct defective Work shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected Work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and BB&K (2020) 2G SHORT FORM CONSTRUCTION CONTRACT 55575 1816W3505817 1 guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non -conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. 3.18 Employee/Labor Certifications. 3.18.1 Contractor's Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit "D" and incorporated herein by reference, shall be executed simultaneously with this Contract. 3.18.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 3.18.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub -subcontractors to comply with the same. 3.19 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract, may reduce payment to Contractor in the amount necessary to offset City's resulting damages, and may pursue any other available recourse against Contractor provided the City has provided written notice to Contractor of any nonconformance or breach and if the Contractor fails to begin to cure within ten (10) days of receipt of such notice. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.20 City Officers and Employees: Non -Discrimination. BBBK (2020) 21 SHORT FORM CONSTRUCTION CONTRACT 55575 18165\33505817 1 3.20.1 Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor -in -interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Contract. 3.20.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Contract nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Contract and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Contract. 3.20.3 Covenant Against Discrimination. In connection with its performance under this Contract, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Contract, and in executing this Contract, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. 3.21 General Provisions. 3.21.1 City's Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Contract ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.21.2 Contractor's Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City ("'Contractor's Representative"). Following approval by the City, Contractor's Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor's Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor's Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor's 8B&K (2020) 22 SHORT FORM CONSTRUCTION CONTRACT 55575 18155133505817 I Representative, Contractor shall provide the information specified above and obtain the City's written approval. 3.21.3 Contract Internretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City's Representative, whose decision shall be binding upon Contractor. 3.21.4 Anti -Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties. 3.21.5 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: CONTRACTOR: CITY: DAKTRONICS, INC. 201 DAKTRONICS DRIVE BROOKINGS, SD 57006 ATTN: BRANDY LOUWAGIE CITY OF PALM SPRINGS 3200 E. TAHQUITZ CANYON WAY PALM SPRINGS, CA 92262 ATTN: CITY MANAGER $ CITY CLERK Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.21.6 Time of Essence. Time is of the essence in the performance of this Contract. 3.21.7 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by BBBK (2020) 23 SHORT FORM CONSTRUCTION CONTRACT 55575 1816:1335058171 Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee. 3.21.8 No Third -Party Beneficiaries. There are no intended third -party beneficiaries of any right or obligation assumed by the Parties. 3.21.9 Laws; Venue. This Contract shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Contract, the action shall be brought in a state or federal court situated in the County of Riverside, State of California. 3.21.10 Attorneys' Fees. If either Party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and all other costs of such action. 3.21.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original. 3.21.12 Successors. The Parties do for themselves; their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract. 3.21.13 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability. 3.21.14 Certification of License. 3.21.14.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor's license of the classification indicated below under Contractor's signature. 3.21.14.2 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826. 3.21.15 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party. BBBK (2020) 24 SHORT FORM CONSTRUCTION CONTRACT 55575.18165\33505817.1 3.21.16 Entire Contract: Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties. 3.21.17 Non -Waiver. None of the provisions of this Contract shall be considered waived by either party, unless such waiver is specifically specified in writing. 3.21.18 Citv's Right to Emglay Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects. [Signatures on Next Page] BBBK (2020) 25 SHORT FORM CONSTRUCTION CONTRACT 55575 18165133505817 I below. SIGNATURE PAGE FOR CONSTRUCTION CONTRACT BETWEEN THE CITY OF PALM SPRINGS AND DAKTRONICS, INC. IN WITNESS WHEREOF, the Parties have executed this Contract as of the dates stated "CITY" City of Palm Springs Date:/C", By: Justin Ifton City Manager APPROVED AS TO FORM: A w� By: QBy: A.4 L.-- Je#fey S. Ballinger A ony Mepa City Attorney City Clerk APPROVED BY CITY COUNCIL: Date:7'.U-''tAgreement No. A 5 qq -T+e^" a Corporations require two notarized signatures. One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. CONTRACTOR NAME: Daktronics, Inc Check one: _ Individual _ Partnership x Corporation 201 Daktronics Dr Address Brookings, SD 57006 Contractor's License Number and Classification DIR Registration Number ey'04 �Z— Signature (Notarized) GAYLI DELZER EA NOTARY PUSL C �-� SEAL SOUTH DAKOTA SI"A� s Sig at a (Nota ed) BB&K (2020) 26 SHORT FORM CONSTRUCTION CONTRACT 55575.18165133505817.1 EXHIBIT "A" SERVICES I SCHEDULE BBBK (2020) Exhibit A -1 SHORT FORM CONSTRUCTION CONTRACT 55575 18165\33505817 l I i U) tf 6- U Q CD E a EXHIBIT "B" PROJECT DETAILS BB&K (2020) Exhibit B -1 SHORT FORM CONSTRUCTION CONTRACT 55575.18165133505817 1 QUOTE Palm Springs International Airport 755977-5 REV 1 3400 Tahquits Canyon Way 07-Jul-2021 Palm Springs, CA 92262 Valid for 60 Days Art Cervantes FCA: Destination 760-323-8253 Payment Terms: TBD Subject to credit review RE: Sourcewell Contract #050819 - Palm Springs Airport - Ticketing Hall Renovation Daktronics, Inc. ("Daktronics") appreciates the opportunity to provide a Quote to Palm Springs International Airport ("Purchaser"). Equipment and Services ONE (1) INDOOR 5.9MM LED DISPLAY MODEL: DVN-3001-1400-BR-MA COLOR CAPABILITY: 16 bit (281 Trillion Colors) MATRIX: 84 pixels high x 2772 pixels wide VIEWING ANGLE: +60/-800 Vertical - 1600 Horizontal ACTIVE AREA DIMENSIONS: 1.64' high x 54.13' wide - 0.50 m high x 16.50 m wide APPROX. CABINET DIMENSIONS: 1.94' high x 54.43' wide - 0.6 m high x 16.6 m wide MAX POWER: 5867.77 Watts APPROX. WEIGHT: 594.00 lb - 269.28 kg ONE (1) INDOOR 5.9MM LED DISPLAY MODEL: DVN-3001-1400-BR-MA COLOR CAPABILITY: 16 bit (281 Trillion Colors) MATRIX: 84 pixels high x 9912 pixels wide VIEWING ANGLE: +60/-80° Vertical - 1600 Horizontal ACTIVE AREA DIMENSIONS: 1.64' high x 193.56' wide 0.50 m high x 59.00 m wide APPROX. CABINET DIMENSIONS: 1.94' high x 193.86' wide - 0.6 m high x 59.1 m wide MAX POWER: 20981.72 Watts APPROX. WEIGHT: 2124.00 lb - 962.88 kg CONTROL SYSTEM: Primary control system INSTALLATION: Included SPARE PARTS: Basic package included SERVICE WARRANTY: One (1) year parts and labor FREIGHT: Included BONDING/INSURANCE AMOUNT WITHOUT DISCOUNT (EXCLUDING TAXES) DISCOUNT TAX (3.14%) www.daktronics.com 201 Daktronics Dr. Brookings, SD 57006 te1800-325-8766 email., sales@doktronics.com DD3354235 Rev 12 25January2021 Page 1 of 4 Quote 755977-5-1 $ 1,135 $ 279,633 $ 27,963 $ 7,889.85 DAKTRE3NICS QUOTE TOTAL PROJECT PRICE (INLUDING TAXES) $ 259,559.85 FIRST YEAR OF SERVICE: One Year Standard Parts and Labor Warranty DD1425981 (hitp://www.daktranics.com/standardportsandiabor) concurrent with One Year Warranty and Limitation of Liability ADDITIONAL YEARS OF EXTENDED SERVICE: Available upon request DAKTRONICS TECHNICIAN ONSITE AND TRAVEL LABOR RATES $126.50 per hour California Purchasers subject to the jurisdiction of the Department of the State Architect (DSA): Purchaser shall be responsible for any additional costs incurred as a result of modifications of any drawing, submittal, equipment, or installation methods which may be required by DSA regulations or standards, The parties agree that due to the volatile market for materials, including but not limited to steel, copper wire, electrical devices, and other related components, Daktronics reserves the right to adjust the contract price prior to execution of the Quote. Unless otherwise provided on the attached Installation Responsibilities Checklist, the following are not included: permits, duties, foundations, structural beams, identification panels, power, conduit, and electrical hookup to the equipment. Taxes: Buyer must provide a sales tax exemption certificate to claim exemption. Specifications subject to change; refer to shop drawings for exact dimensions prior to construction. This quote is subject to the following: • SL-02375 Standard Terms and Conditions.of.Sole o (htto://www.daktronics,com/terms conditions/SL702375.odf) • St-02374 Stondard Wcrranty and Limitation of Liabi!it+ o (hitj2://www.!Jgktrgnics.gom/terms conditions/SL-02374.�df) Due to the dynamic COVID -19 situation, the freight pricing and proposed schedule for delivery and performance of services are subject to change. Brandy Louwagie Regional Sales 605-695-7102 Brandy.Louwagie@Daktronics.com www.dakkonlcs.com 201 Daktronics Dr. Brookings, SD 57006 tel800-325.8766 email. soles@daktronics.com DD335423S Rev 12 251onuary2021 Page 2 of 4 Quote 755977-5-1 Nathan McGillivray or Project Manager 605-691-1244 Nathan.Mcgillivroy@Daktronics.com DAKTRONICS QUOTE Installation Responsibilities Checklist: Indoor _ Responsible Party Daktronics Customer Description V l.Secure necessary construction permits. ve 2.Generate and issue site specific electrical and signal drawing submittals for video equipment. 3.Generate and issue site specific equipment shop drawing and attachment detail submittals for video equipment. 4. Provide approval of all engineering drawings, electrical drawings, shop drawings, equipment locations, color renderings, and ad copy layouts. 5. Customer is responsible to ensure the existing structure/building is adequate, including any necessary modifications, for the installation of the Equipment, including but not limited to lit obtaining certified engineer drawings to the extent required by law and iiil providing Daktronics, upon reasonable request, documentation relating to the existing structure and modifications necessary for Daktronics perform its work. 6. Engineering design and certification for Equipment attachment design. 7. Unobstructed access to equipment and control room installation site until display is 100%. 8. Mork location of the new Equipment as delineated in the quote. .� 9.Provide all required floor protection. 10.Site clean-up after Daktronics work. I I .Crating and shipping of all equipment to facility via common or independent carrier. 12.Accept, lift, unload, and inspect all video equipment and control equipment from carrier. 13. Provide storage of video equipment and control equipment in a safe, dry, and secure location until installation. d 14. Fabricate and install substructure. 15. Lift and mount Equipment l-sted in this quotation. 16. Provide and install all required floor and wall boxes as per provided system electrical and signal drawings - provide written verification that all deck/wall boxes are installed and all cable has been pulled prior to installers' arrival. 17. Provide primary power feed up to and including demarcation point in the form of transformer and electrical d'sconnect with over current protection per all applicable electrical codes and regulations. Note: Maximum voltage of 120 volts line to neutral for all display systems. 18. Mount and install fiber patch panel as required by electrical and signal drawings. 19. Provide and install signal cable conduit, with pull string, from control location to all Equipment locations/signal termination points, as delineated in the electrical and signal drawings. www.daktronics.com 201 Daktronics Dr. Brookings, 5D 57006 tel800.325-8766 email: sales@daktronics.com DD335423S Rev 12 25January2021 Page 3 of 4 Quote 755977-5-1 DAKTRON I C9 QUOTE I ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ 20. Provide and install signal cable conduit, with pull string, from control location to each camera location, as delineated in the electrical and signal drawings. Wh� 21.Furnish signal cable as delineated on the quote. 22. Labor to pull all new signal cable (and remove existing cable, if required). 23.Terminate signal cable at control location and video Equipment. 24. Provide a climate controlled and secure control room for all control systems (on/off venue site). Control room is to be climate controlled by Customer. Normal operating temperature should be between 65 and 75 degrees Fahrenheit. Normal operating humidity should be less than 80 percent non -condensing. Storage temperature should be between 40 and 95 degrees Fahrenheit. Storage humidity should be less than 95 percent non -condensing. 25. Provide high speed internet connection to control room equipment. 26. Required power outlets on clean dedicated circuits) for all video and control equipment. 27. Provide computer(s) for control software. 28. Unpack, set-up, hook-up, and testing of control system. 29, Provide personnel for maintenance and operator training. 30. Perform final systems testing and commissioning. 31.Final acceptance, per DF-1252. 32. Walk-thru inspection at Substantial Completion and identification of punch list items 33.Completion of punch list items. NOTE: All change order work performed by Daktronics or Daktronics subcontractor will be performed at cost plus 20% overhead and profit. www.dakIFonics.com 201 Doktronics Dr. Brookings, SD 57006 tel800-325-8766 email: soles@doktronics.com DD3354235 Rev 12 251anuary2021 Page 4 of 4 Quote 755977-5 1 DAKTRE3N IG9 SERIES SPECIFICATION DVN-3000-5.9MN-1400-BR Pixel Configuration RGB 3-in-1 SMD Line and Column Spacing 0.234 inches - 5.952 millimeters Panel Configuration - Pixels (RxC) 84 x 84 pixels Panel Dimensions (HxiN) 19.685x19.685 In - 500x500 mm Maximum Power per Panel 174.9888 Watts Average Power per Panel 43.748 Watts Display Weight per Panel Processing Color Capacity Dimming Color Temperature 21.472 pounds - 9.74 kilograms 22 bit Distributed 16 bit (281 Trillion Colors) 256 levels 3,0000-10,000° kelvin (adjustable) Calibration LED Refresh Rate LED Lifetime Full depth, 3840 here .... --100,000 his Brightness -Typical Nits 1400 nits (cdlsm) Horizontal Viewing Angle 1400 Vertical Viewing Angle (Up/Down) +601-800 Contrast Ratio 4000:1 Service Accesa Front or Rear Cabinet Depth 3.307 inches - 84 millimeters Cabinet Construction Die -Cast Aluminum Ingress Protection Rating NA Components Working Temperature Rating -400 to 950 F - -400 to 350 C Ventilation None Data Transmission to Display CAT 6 Cable Note 1: Consistent With Dakmdcs poky of continuing product Irnprouement, specifications shown on this document are sect to rhwW vA&wx t notice. Note 2: See contract spacif{c drawings for customized product weights www.daktronics.com t>a,t�K�m } �! ! 777 WHY � ° Him HUB o a s / »e§■. A | f f � � % z z co/ g � . & LL LL � a ) 2 « $ OAM � �| L-4 .�! § SERIES SPECIFICATION DVN-3000-5, 9M N-1400-BR Pixel Configuration ROB 3-in-1 SMD Line and Column Spacing 0.234 Inches - 5.952 millimeters Panel Configuration - Pixels (RxC) 84 x 84 pixels Panel Dimensions (HkM 19.685x19.685 in - 500x500 ram Maximum Power per Panel 174.9888 Watts Average Power per Panel 43.748 Watts Display Weight per Panel 21 A72 pounds - 0.74 k8ograms Processing 22 bit Distributed Color Capacity 16 bit (281 Trillion Colors) Dimming 256 levels Color Temperature 3,0000-10,0000 kelvin (adjustable) Calibration LED Refresh Rate Full depth, -- - -3840 hertz LED Lifetime -- — - -- - -- 100,000 hrs Brightness -Typical Nits 1400 nits (odlsm) Horizontal Viewing Angle W Vertical Viewing Angie (UpfDown) +80/-W -- - - ContrastRatio 4000:1 . Service Access Front or Rear Cabinet Depth 3.307 Inches - 84 millimeters Cabinet Construction Die -Cast Aluminum Ingress Protection Rating NA Components Working Temperature Rating -400 to 950 F - -40° to 350 C Ventilation None Data Transmission to Display CAT 6 Cable Note 1, ConaisteM with Dakhonics po ft of continuing product tmprwAnierd, specifications shown on tlda downent are aged to change without notk& Nate 2: See contract spedRc drawings for customized product weights www.daktronics.com a,,�0- 23 , k � \ k F. § � (a | � EXHIBIT "C" SPECIAL CONDITIONS PUBLIC WORKS PROJECTS OF MORE THAN $25,000 WILL REQUIRE PAYMENT BONDS BY LAW. WHERE A PAYMENT BOND IS REQUIRED, A PERFORMANCE BOND IS ALSO REQUIRED. ARTICLE 1. BONDS Concurrently with this Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit "F" to the Contract. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price. BB&K (2020) Exhibit C - 1 SHORT FORM CONSTRUCTION CONTRACT 55575 18165133505817 I EXHIBIT "D" CERTIFICATION LABOR CODE - SECTION 1861 I, the undersigned Contractor, am aware of the provisions of Section 3700, et seg., of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract. DAKTRONICS, INC. By: Signature DeWayne Anderson Name (Print) Market Manager Title (Print) BB&I( (2020) Exhibit 0 - 1 SHORT FORM CONSTRUCTION CONTRACT 55575 18165\33505817 1 EXHIBIT "E" PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See hftp:/ANww.dir.ca.gov/Public- Works/PublicWorks.htmi for additional information. No bid will be accepted nor any contract entered into without proof of the contractor's and subcontractors' current registration with the Department of Industrial Relations to perform public work. Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.' Name of Contractor: DIR Registration Number: DIR Registration Expiration: Small Project Exemption: Yes or No Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges: 1. Contractor shall maintain a current DIR registration for the duration of the project. 2. Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. 3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non -responsive. Name of Contractor: Signature: Name and Title: Dated: I If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark "Yes" in response to "Small Project Exemption." BB&K (2020) Exhibit E - 1 SHORT FORM CONSTRUCTION CONTRACT 55575 18165\33505817 1 d11,16twMam STATE OF CALIFORNIA APPLICATION FOR PUBLIC WORKS CONTRACTOR REGISTRATION Registration Information TWw: Renavrel ftnW: July 1, 2020— June 30, 2022 Contractor Information Contractor Name: DAIRRONICS, INC. Trade Name: DAKMONICS, INC. license Type Number: 1000001564 EXHIBIT "F" PAYMENT AND PERFORMANCE BONDS SW (2020) Exhibit F - t SHORT FORM CONSTRUCTION CONTRACT 55575 19165\33505817 l Bond No. X40331855 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Palm Springs (hereinafter referred to as "City") has awarded to Daktroonlcs, Inc. . (hereinafter referred to as the "Contractor") an agreement for C_P 21_-1_9_ Alrporl LED Video Ribbon (hereinafter referred to as the "Project"). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ruly 27, 2021 . (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, Daktronlcs, Inc. the undersigned Contractor and Federal Insurance Company as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ° N; n Fi NinAThd ari1108-._-_...-.-- DOLLARS, ($2sg.as9.as ?, said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on Its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their Intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fall to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option: BB&K (2020) ExMbtt F - 2 SHORT FORM CONSTRUCTION CONTRACT 55575.1816M33505817.1 (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project If the City, when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall In any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this nth day of July . 2021 (Corporate Seal) oaMmnics inc. Contractor) int;i a! By Title WO BBBK (2020) Exhibit F - 3 SHORT FORM CONSTRUCTION CONTRACT S557S.1816Z3505817. I (Corporate Seal) Federal Insurance Company Surety By Attorney -in -Fact Cynthia L. Choren Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. (Attach Attorney -in -Fact Certificate) Title Attorney -in -Fact The rate of premium on this bond Is $3.00 per thousand. The total amount of premium charges, $ 779.0o (The above must be filled in by corporate attorney.) THIS IS AREQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for -service of process in California, if different from above) Federal Insurance 2020 Hall's Mill Road Whitehouse Station NJ 08889 Brenda Won C10 Marsh USA Inc. 033 West 5th Street, Los Angeles, CA 90071 (Telephone number of Surety and Federal Insurance Company (908) 903-9_493 Agent or Representative for service Surety Representative - (213) 346-6351 of process in California) -- NOTE: A copy of the Power -of -Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. sB&K (2020) 55575.1816Z3505817.1 Exhibit F -4 SHORT FORM CONSTRUCTION CONTRACT Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF Notary public, On 20before me, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Signature of Notary Public WITNESS my hand and official seal. OPTIONAL Though the information ,below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER ❑ Individual ❑ Corporate Offlcer Title(s) ❑ Partner(s) Limited r, General ❑ Attomey--In-Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entity(tes) DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages of Document Signer(s) Other BB&K (2020) Exhibit F - 5 SHORT FORM CONSTRUCTION CONTRACT 55575.18165133505817.1 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the Identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Missouri County of - St Louis City } On July 28, 2021 before me, Held a Nothetsen , Notary Public vim land Ame 21W Use at the personally appeared Cynthia L. Choren who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to the within instrument and acknowledged to me that he/shetthey executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. HEIDI A. NOTHEISEN -il Notary Public, Notary Seal WITNESS m hand and official seal. State of Missouri y St. Louis City Commission 014514582 My Commission Expires 02-24-2022 Wary Public Signature (Notary Public Seel) Commission Expires: February 24, 2022 ADDITIONAL OPTIONAL IN OF THE ATTACHED DOCUMENT Performance Bond Mile or dwoription of alladred docarrrem) j fillow descrow of alladbd document continued) of Pages 4 Document Date 7 28 2021 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (a) ❑ Corporate Officer (Title) ❑ Partner(s) 11 Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version www NolaryClasses.com 600 873 9865 INSTRUCTIONS FOR COMPLETING THIS FORM 77rfs foe n complies with current Callfarnla statrdes regarding rotary waerding=4 if needed shmrld be completed and altoelred to rim daeamnd. Ackamdedgmerts JFam other states may be completed far doeumews befngsent to that state so long as the swrding does not regylre the Callfomla notary to violate Calohnla notary hay. • State and County information must be the Stale and County where the document slgrta(s) personally appeared before the notary public For acknowledgment. • pale of notarization must be the date that Me sism(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization • Indicate the correct singular or plural forms by crossing off incorrect fwrns (i.e. iredshc1dwj r is /err) or circling the correct ibtms. Failure to correctly indicate this information may lead to rejection of document retarding. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. if seal impression smudges, reseal it a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on rile with the office of the county Berk. • Additional Information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. 4 Indicate title or type of attached document, number of pages and daft. O Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. e DAKTRONICS SECRETARY'S CERTIFICATE I, Carla S. Gatzke do hereby certify that: I am the Secretary of Daktronics Inc. thereinafter the "Corporation;") and that as such I am authorized to execute this certificate on behalf of the Corporation In my capacity as the Secretary of the Corporation and do hereby certify that the Amended and Restated Bylaws of Daktronics Inc. Article Vil, Section 8.3, state that the Corporation shall have no corporate seal. Amended and Restated Bylaws of Daktronics were submitted with our form 10-Kfiscal year 2013. &Ak&� Carla S. Gatzke, SecMMry TO ALL TO WHOM THESE shall come. I, Nichole Hofer NOTARY PUBLIC duly authorized, admitted and sworn, practicing at South Dakota, United State America. DO HEREBY CERTIFY that: The above signature is Daktronics Secretary, Carla Gatzke Is Indeed true and original. NICHOLE F. HOFER WNOTARYPUBUC(S SOUTH MGM IN TESTIMONY where I have Subscribed my name and affixed My Seal of Office this 16th day of February, 2021 Notary Public. County of Bn3kkings State of South Dakota My commission expires, March 31, 2023 C H U B B Power of Attorney Federal insurance Company I Vigilant insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Preaeatc that FBDRIL&L INSURANCE COMPANY. an Indiana corporation. VIGH-QU INSURANCE COMPANY, a New York corporation. PACIFIC =EMNr1'Y COMPANY. a Wisconsin corporation. WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvan%do each hereby constitute and appoint Cynthia L. Choren each as their true and (awful Attorney -In -Fact to execute under such designation In their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise. bonds and undertakings and other writings obliptory In the nature thereof (other than hall bonds) given or executed In the course orbudnes& and any horttments amending or altering the same, and consents to the modification or alteration oftmy instrument referred to In said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY. PACIFIC INDiDiIPIrCY COMPANY, WHSTGHBST'BR FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals an this 10' day ormarch. 2020. ern. & t( AJBC ,,o- diix 0-'L� Ikrvm t1.Chkrrm0%MW.TA vK'�l:uy STATROFNEW JERSEY Crnmtyofllwnterdon a Sttphen %1.1Im cy. I k v IenddLi1 t On this 10* day of Mardi, 2020 before me, a Notary Public of New Jersey, personally came Dawn M. C twos and Stephen M. Haney, to me known to be Assistant Secretary and Vice President. respectively. of FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY. PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRS INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros and Stephen M. Haney, being by me duly sworn. averafly and each for heese f mid hlmself did depose and say that they are Assistant Secretary and Vim President, ret p vdvely, of PEDERAL INSURANCE COMPANYY, VIGILANT INSURANCE COMPANY. PACIFIC INDEMNrfY COMPANY, WBSTCHESfER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate scab thereof that the seals allied to the fwegoing Power of Attorney are such corporate seats and were thereto affixed by authority of said tbmpaniess and that their signatures as such ofliceta were duly affixed and subscribed by like authority. Notarial Seat KATMNRWB J. AD@LAAR NOTARY tatlauG OF NEW JERSEY No. 281605 QameryMan tlttpime Jury Ill. aural OftarsryPaeoe CBR7UgGA7I0IN Resolutions adopted by the Beards of Directors of FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016: WEnMESTER FIRE INSURANCE COMPANY on December if.20M and ACE AMERICAN INSURANCE COMPANYun March 20,2009: -RESOLVED,thattherolbwhgauthorizations relatetotheexemoon,farandoobehalfoftheCompany,orboada,rm&nddwrwVdzanas,aonttaauattd0dWWrittenWMM oftheQ-PW entered Imo Intheordimtycam o(budrm s(eachalWittenCummiument'k 0) Each of the Chalmnal. the President and the Vice lheddenn of the Company ishereby authoAxed to exKweanywrlttencor mltmem tbrandanbe1wrofthe cowpany,under the motorthe C"FFWny or othemium 0 Each duly appointed ntorneyindact of the Company Is hereby authorked to execme any Written Cmantdutuat far and an behalf of the t:onpany. under the seal of the Qxnpaoy or ahenshe, to the emit that suds anion h authalud by Ihegant ofpowerx provided farm such p mon's Written appdmmenl as such altwneydnAm (3) Itach of the c ahman, tits President and the Vke ihtddens or the mmpa" Is herebyaudwUe4 for and on beharef tee Company, toappdm hn vtdit any person the attorney l W of the Omvpany with tilt power and authohy to eaecift for and an bdhalf oftheO mpany under the seal orthe Companyor otherwim such Wrinea Cammfuuem ohhe Cotgtanyu maybe gmdkd to wch wdltm appalntmrnL whldt spedrattm maybe by plenetal type ar classor 1Vdtten Ctanni eau or by spectflmdon of one or more particular Wtitten IbmmltmentL (4) Each of the Chaltman, the President and the We Preddenu of the Companybhereby authorbed.fbr&WonbehalfoftheOampanrtoddwtohiwdWgtoany other omcerofthe Company the authody to mearte for and on behalf of the company, under the ownpanyb seal or ahswrte, such tVrlm Convoknmus orate Company ss act spedaed in such written ddeptlon. Whkh gedtkatiot maybe by ge nnai "or dam of Written Ca nmdtmenu or bysped0atlon of one or more partkuhrWrmm Co nnitmentr. (s) The stpnalure of any ottlatr or other pet san exeauthg any Written Commlmtene or appointment or delegation pursuant to this Resdutas. and the send of the oonpany, may be al9xed by fae%Imper n such WrItte n Coua n ttntexeuwvklan Wpolounen orddeaatlo . PURTHER RESOLVED. that the ktgphq Resdadon shaft not be deemed to bean exdvAve statement orthe pmets and authority of dTlcem employees tend other poift to act for and on behalrof tht Canpry, andmeh ResdadenshaE not Umh or otlterwlseaffm the exerctre orwyswh pawerorautholtyodmwdce va"granted ar+ested.- 1. Dawn M. Chlat m Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY. PACIFIC INDEMNM COMPANY, WBSTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the'Compartes) do hereby certify that (T) the foregoing Resolutions adopted by the Bo" orDtrectresoftheCompanies am true. omrectand infull force and effect, 00 the foregoing Power of Attomey Is trite, correct and in full force and effect. Given under my hand and seals of saki Companies at Whitehouse Staticn. WJ, this July 28, 2021 Il:rvm 11.1]1lcutvtti AaEu:mt Srrnl:tr} IN THE FIENTYOUWISH TOVERIWIMEAUTH Mf1C11YOPT111SBONDORNOnFYUSOPANYO HER MATTER,PIAIASHWNPAMISAT. Tele one 903-11M Pa% 9O3-3M &=A sangEhubhCotu Combined: FEO-Vt0411•WFICANC (mv.11-10) Bond No. K40331056 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of Palm Springs (hereinafter designated as the "City"), by action taken or a resolution passed July 27 , 20 21 has awarded to Daktronics, Inc. hereinafter designated as the "Principal," a contract for the work described as follows: CP 21-19 Airport LED Video Ribbon (the "Project'); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated July 27, 2021 ("Contract Documents"), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and Federal Insurance Company as Surety, are held and firmly bound unto the City in the penal sum of Two Hundred Fifty -Nine Thousand Five Hundred Fifty -Nine and 8511D0-------- Dollars ($ 239,559.8 --------) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, In case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys' fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns In any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement BB&K (2020) Exhibit F - B SHORT FORM CONSTRUCTION CONTRACT 55575.181 G5133505917.1 pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 28th day of duly , 2021 . (Corporate Seal) Contractor/ Principal (Corporate Seal) Qaktronlcs, Inc. , By A_,_.. r} Title Federal Insurance Company Surety S , Cynthil L. Choren Attorney -in -Fact Title Attorney -In -Fact Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power -of -Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto. NOTE: A copy of the Power of-Attomey authorizing the person signing on behalf of the Surety to do so must be attached hereto. RB&K (2020) Fachibll F - 7 SHORT FORM CONSTRUCTION CONTRACT 55575.18165133505817.1 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On 20_, before me, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct Signature of Notary Public WITNESS my hand and official seal. OPTIONAL Though the Information below Is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER ❑ Individual ❑ Corporate Officer Titles) ❑ Partner(s) ❑ Limited ;I General ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Date of Document Other Than Named Above 898,K (2020) t_xhlbit F - 8 SHORT FORM CONSTRUCTION CONTRACT 55575.18 E033505817.1 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Missouri County of St Louis C4 } On July 28, 2021 before me, Heidi a Notheleen , Notary public nsMe a personally appeared Cynthia L. Choren who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by histherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. DI A. NOTHEISEN Public, Notary Seal WITNESS my hand and official seal. ate of Missouri St. Louis City ` ission g 14514582 [F:Not'e'ry ssion Expires 02 24-2022 Notary Public Signature (Notary Public 5eaq q My Commission Expires-, _. February 24, 2022 _ ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM ig form complier with current Cal fornla statutes regardlug notary avordMg and DESCRIPTION OF THE ATTACHED DOCUMENT (jrxeded should be completed and attached to thedwmient. Admaivledgments from other states may be completed for documents being sent to that state so long Payment Bond Iaathe wording does not require the California notary to violate Cal(/arnia notary (Title or description of aHached document) • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. (Title atdetxdplion of atltacted doctanenl continued) must Date of notarization must be the date that the signet(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her new as It appears within his or her Number of Pages __I_ Document bate /2s/ 021 commission followed by a comma and then your tide (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization CAPACITY CLAIMED BY THE SIGNER • Indicate the comet singular or plural forms by crowing off incorrect fomu (Le. El Individual (s) Wshc � is lere) or circling the correct forms. Failure to correctly indicate this information may (cad to rejection of document recording. ❑ Corporate OfF1Cet • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a e sufficient area permits, otherwise complete a diff trent acknowledgment form. ❑ Partner(s) • Signature orthe notary public must match the signature on filar with the office of the county clerk. 11 Attomey-In-Fact 3 Additional informstion is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other Q Indicate title or type of attached document, numberof pages and date. ❑ @ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate oriicer, indicate the lisle (i.e. CEO, CFO, Secretary). 2015 Version www Nola(yClasses coin 800-873-9805 • Securely anaeh this document to the signed document with a stepte. e DAKT90NICS SECRETARY'S CERTIFICATE I, Carla S. Gatzke do hereby certify that: I am the Secretary of Daktronics Inc. (hereinafter the "Corporation;") and that as such I am authorized to execute this certificate on behalf of the Corporation In my capacity as the Secretary of the Corporation and do hereby certify that the Amended and Restated Bylaws of Daktronics Inc. Article VII, Section 8.3, state that the Corporation shall have no corporate seal. Amended and Restated Bylaws of Daktronics were submitted with our form 10-Kfiscal year2013. ck&�44- Carla S. Gatzke, SeGkNry TO ALL TO WHOM THESE shall come. I, Whole Hofer NOTARY PUBLIC duly authorized, admitted and swom, practicing at South Dakota, United State America. DO HEREBY CERTIFY that: The above signature is Daktronics Secretary, Carla Gatzke is indeed true and original. NICHOLE F. HOFER s A NOTARY PUBLIC karw SOUTH DAICOYA IN TESTIMONY where I have Subscribed my name and affixed My Seal of Office this 16th day of February, 2021 Notary Public. County of braWngs State of South Dakota My commission expires March 31 2023 CHUBS Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company R-ow All by These Pmettts. that FEDERAL [INSURANCE COMPANY, an Indiana txnporatkxt. VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC MEMNITY COMPANY. a Wisconsin cwporadon. WSSTCHESTBIt FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporatkms of the commonwealth ofPemtsylvanla, do each hereby constitute and appoint Cynthia L. Clhoren each as their true and lawful AttorneyIn-Fact to execute under such designation Cn their names and to aMx their corporate seals to and dellver for and on their behalf as surety thereon or otherwlsa bonds and undertakings and other wriaW obligatory In the nature thereof (other than ball bonds) given or executed in the course of bushes and any Instrttrnatlsahrsending oralkaing the same, and consents to the modgkatlon or alteration ofany Instrument referred to In said bonds orobligatlom. In Witness Whereof, said FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY. WESTCHHSTBR FIRE INSURANCE COMPANY and ACTS AMERICAN INSURANCE COMPANY have each executed and attested these pesettta and affixed their corporateseals on this 106 day ofMarda, 2020. At�a- "--t 9-t� Ikrvm Il. (7iksrttt w1l Cant tic�Tti�;try kgplltr M. lkinvy, Vkv PmAdcni E55 SPAT E OF NEW JERSEY County of Hunterdott sa Ni F on this 100 day of March 2020 before me, a Notary Public of New Jersey. permttally tame Dawn M. Chtorros and Stephen M. Haney. to me known to be Assistant Secretary and Vice Pnmkiatt, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY. PACIFIC INDEMNITY COMPANY. WESTCHESTER FIRS INSURANCE COMPANY and ACE AMSRICAN INSURANCE COMPANY. the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chkhros and Stephen M. Haney. being by me duty awom, severally and each for herself and htmself dk1 depose and say that they are Assistant Secretary and Vice Preddent. respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY. PACIFIC INDEMNITY COMPANY. WESTCNRSTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and knave the corporate seals thereof, that the seals affixed to the foregoing Power Of Attoraw are such corporate seals and were thereto affixed by authority of saki Companies; and that their signatures as such officers were duly affixed and subscribed by like authority. Nogrial Sal KATHR"ll J. ACQLMR NOTARY PUGUO Or M W JaROW M� fft iateeee t QOfnlnlYlOn gNphoe Jury 1e. 2024 Wosary PIMt CERTIFICATION Resolutions adopted by the Banda of Dhwtwn of FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30. 2016; WESTCHEST'ER FIRE INSURANCE COMPANY on December U. 2006t and ACE AMERICAN INSURANCE COMPANYon March 20, 200%. -RItsol vsm danthe kDowlnauthaft iwnmimto theamulwt, fur and an behffoftheCompany,db mds.wtduWdrsLMctrgrda IMM11. mmraca andotherwMencommitmemsoftheCompany armed Cato m theotdbnrytsxuseofbtuhtw (ends a'1Yrltten 0orrnrndmre4'h M Rach of die C almstin, the Praldent and the We tkeddems of theCatwu is hereby suahaised w esecwamy Written Commlwtent [errand on beltalfof the Company: under the sal ache Compamyor otherwr<:e. W Bads *0 appointed mmrney m4a of the Company Is beteby authotiaed to exeaue any written Mnunkment for and an behalf of the Company. tender the seal of the CMP AY or uthuwlse. to the amen Chu suds action Is nothorind by 1hC3rant o(poners prodded forin mch pamms. written apprwlnot ent as su& anomer iwhm ¢) hich of the t7atrtmn. the PnWdent and the We Praldam of Owoouq=WIshereby autltooized.for anti at behilfofdneOompany.toappoint In. wrkhg any pama the utomey- krfact of the Connpany wkh N power and atn hofttoexecitte. 1hr and on behalfofdnetxrnpany, under the sal of the Campanyorotherwise such When Coomdtmentsofdw ConwWny as may be spedlled In such m mew appolmtmenl, Wdth spatllettltrt may be by general type or clue of Written Ccmudimrnti or by specification of one or more pardadar vAtt mcaRnmmtrm. (4) Badt ottee eh*%m the N aides and the vice Presidents of the Caapanybheebyawhodzxd.for and onbe WfoftheC rapany.todelepueinwd tRtoanyodtereflkerofthe Cotnpartytheautloriq woaetute lbrandonbehalf of the Company. under the tbatpagls sal or otherwise. strrdi Wri"Commohmatuofthe CompanyasuespeclBedtnsuch writtenddegadors.whkbspedikWonmay bebypueralgWordmofWtlnenCoranthmentsorbyspecincationbfoneornix pankularWrltrenLbmmlunem (A Thcdgwture of arW otlloer or other poem execafkrg any 1Vrkten Oommnkme t or appohrtirAn or delegaloo Punsuam to this Readn" and fhb sat ofthe 0orupany maybe Whed by fakdeonualt14tkmCommkmentorwrittenappotmmmladekpd . FLWMBRRBMVRO, thu the foregoing Resolutim AA tot bedaemcdtobeanaoduslresmmtentofdiepawasandaudtattyofoilloemenvkn tindbtherper atttoaabrandatbdtaltot the Computy.andsuch Readud nshallnotIknkoralxrwisealRxttheexecheofanysuthposeworauthaityo0mvisevand[yllurtedorvested.' i. Dave M. Chlorm Assistant Secretary of FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY. WLTrCHESTSR FIRE iNSURANCECOMPANY and ACEAMERICAN INSURANCE COMPANY (the"Companlen do hereby certify that 0) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and In full force and effect, U0 the foreping Power ofAttomey Is true. correct and In full form and effect. Given under my hand and sealadfsaWCompanies atwhltehomStation. NJ, this July28,2021 Ikrv+n M.l:hhwtr.Acdaanl kLTMd) IN111RRVERrYOUWWTOVERITYTHRAt►rHBtMUffOFTIIISBOND ORWnFYUSOFANY Unlit iNAT MMawCOPITACTUSAM Tie 913-34M Fax 9G3-M e-rnalh w ubbxm CwN not FED-VC�PI-WFtCANC (rev. 11.19) EXHIBIT "G" FEDERAL REQUIREMENTS NOT APPLICABLE BBSK (2020) Exhibit G - i SHORT FORM CONSTRUCTION CONTRACT 55575.181 b5\33505817. l