8.7 Bicentennial Center Arena Sound System ContractCITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
8/12/13 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL:
NO: 8
PARKS & RECREATION BY: �
ITEM FINAL APPROVAL:
NO: 7
Page 1 BY: DION LOUTHAN BY:-
ITEM:
Authorize award of contract for the Bicentennial Center Arena Sound System, Project No. 13 -2985.
BACKGROUND:
The Bicentennial Center opened in 1979. As the facility ages, it will require additional focus and investment to
keep the building relevant and safe for incoming events and patron usage. As part of Global Spectrum's capital
improvement plan (CIP), the facility was assessed and projects were categorized based on event readiness,
income potential, patron enhancement, and building maintenance.
The existing arena sound system was the original installed in the late 1970's. Many components no longer
work and replacement parts are very difficult to find. For numerous years, the sound system has functioned at
less than adequate levels. Speech intelligibility became one of the biggest issues. As such, the need for a new
sound system was prioritized in the CIP.
The primary objective for the new system was a turnkey solution that fits logically with desired arena events and
uses. Rating factors included arena fit, cost, references, equipment quality, sound pressure levels, speech
intelligibility, post installation services /location, warranty terms, and portable sound system.
There are two main orientation types of sound systems; center cluster and distributed systems. A distributed
system layout for the speaker has more advantages for the Bicentennial Center and makes better use of the
space. For example, a distributed system locates speakers closer to the fans and has far less likelihood of
being struck by kicked footballs. A center cluster speaker system is centrally located. The loudspeakers are
located further away from the seats, thus requiring more amplification through the speakers to achieve the
desired sound levels. It is believed this type of system in the existing space would cause unwanted echoes,
reverberation, and require additional electricity to operate.
Speech Transmission Index (STI) is a measure of speech intelligibility. Values below 0.40 correlate to poor
transmission of speech to the listener, prolonged exposure in areas of poor intelligibility can cause listener
fatigue which can detract from the experience at hand. Values above 0.40 are considered average, values
above 0.50 are considered good, and values above 0.60 are excellent.
Sound pressure levels (SPL) are frequencies converted to the decibel scale. Decibels are measures of volume.
Ambient sound pressure levels (crowd noise) have the potential of reaching 95 dB and above. An efficient
sound system must provide a sound pressure above ambient noise in the 2000 hertz to 3500 hertz frequency
range to achieve a good intelligibility over the noise.
Request for proposals (RFP) were solicited and ten companies expressed interest. Listed below is the
submission list.
AGENDA SECTION
NO:
ITEM
NO:
Page 2
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
ORIGINATING DEPARTMENT'
PARKS & RECREATION
BY: DION LOUTHAN
DATE TIME
8/12/13 4:00 P.M.
FISCAL APPROVAL:
BY.
FINAL APPROVAL:
BY
Bidder Price Location
Daktronics $335,446.00 Brookings, SD
*Conference Technologies
$271,170.00
Overland Park, KS
*Digital Sound System
$314,485.65
Salina, KS
*Parkway Electric
$246,067.40
Holland, MI
Advanced Sound & Communication
$249,929.80
Kansas City, MO
Progressive Electronics #1
Progressive Electronics #2
*McClelland Sound #1
*McClelland Sound # 2
McClelland Sound # 3
$194,260.00
Raytown, MO
$267,030.00
Raytown, MO
$254,417.94
Wichita, KS
$257,538.50
Wichita, KS
$240,965.07
Wichita, KS
YesCo Electronics
Ford Audio Video
$196,553.60
Leavenworth, KS
$197,730.00
Oklahoma City, OK
Integrated Sound Harvest Production
Integrated Sound Harvest Production
Integrated Sound Harvest Production
$271,732.00
Kansas City, MO
$275,153.00
Kansas City, MO
Kansas City, MO
$176,215.00
*These companies conducted final interviews with staff.
From the RFP process and final interviews, Parkway Electric & Communications, LLC based out of Holland, MI
is the staff recommendation for the new sound system at the facility. They teamed up with Event Systems Inc
out of Wichita, KS on the proposal. Parkway is proposing an L- Acoustics distributed system that meets or
exceeds all established standards and should produce great results. SPL levels are estimated to be between
94 -103 dB. STI forecasts are between .6 and .8 throughout the arena. Parkway received very high customer
references and all the product warranties were at the top end of the industry. The service representative will be
based out of Wichita, KS and comes highly recommended. Parkway has completed eight installations of L-
Acoustics systems since December 2012 and its representatives are confident they can complete the project on
time.
The RFP called for the selected company to have a place of business with 275 miles of Salina. Parkway
Electric & Communications, LLC technically does not meet this requirement. However-, the original intent of this
requirement was to ensure the provision of post - installation warranty and service work in a timely manner (five
hour response time or less). As part of its original submission, Parkway Electric & Communications, LLC
proposed to partner with Event Systems, Inc., out of Wichita, Kansas, to handle all of these requirements.
Because of Parkway Electric & Communications, LLC's experience, price, ability to meet project deadlines, and
AGENDA SECTION
NO:
ITEM
NO:
Page 3
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
ORIGINATING DEPARTMENT:
PARKS & RECREATION
BY: DION LOUTHAN
DATE TIME
8/12/13 4:00 P.M.
FISCAL APPROVAL:
AM
FINAL APPROVAL:
L3'/
overall ability to satisfy the City's needs for the proposed sound system, City staff recommends entering into a
contract with Parkway for the sound system improvements.
Timeline for installation would begin no earlier than August 26, 2013 and be completed by October 11, 2013.
FISCAL NOTE:
City Commissioners approved the capital improvement plan to renovate the Bicentennial Center on December
17, 2012. Within the event readiness section of the approved CIP, there is $250,000 budgeted for the
replacement of the Bowl Sound System.
Staff is proposing the addition of a 3% product contingency to the approved costs to cover optional system
components. This contingency will allow staff to accommodate minor changes or add alternates with an
efficient turnaround so as to not delay the project. Change orders within the 3% contingency will be approved
by the Director of Parks and Recreation and the City Manager, with records maintained and provided as
necessary to the City Commission. Change orders beyond 3% contingency will be brought to the City
Commission for approval. The addition of the 3% contingency will increase the authorized amount to
$253,449.42.
CONFORMANCE WITH STRATEGIC PLAN:
The proposed action is also consistent with the following goal contained in the City's strategic plan:
Goal 3 Action Item: Maintain a stable operating budget for the delivery of core public services, while investing
as many financial resources as practically possible into maintaining and developing the public infrastructure.
RECOMMENDED ACTION:
1. Award of contract for the Bicentennial Center Arena Sound System, Project No. 13 -2985 to Parkway
Electric & Communications, LLC in the amount of $246,067.40 (authorized amount with a 3% product
contingency, $253,449.42).
2. Award of contract for the Bicentennial Center Arena Sound System, Project No. 13 -2985 to Parkway
Electric & Communications, LLC in the amount of $246,067.40.
3. Reject the proposals and move forward with the project at a later date.
4. Provide another option or give further direction to staff.
City staff recommends option 1.
Attachment: Contract document
Cc: Parkway Electric & Communications, LLC
CONTRACT BETWEEN THE CITY OF SALINA, KANSAS
and
PARKWAY ELECTRIC & COMMUNICATIONS, LLC
for
BICENTENNIAL CENTER ARENA SOUND SYSTEM IMPROVEMENTS
This Contract is entered into August _, 2013 by and between the City of Salina, Kansas, (the "City ") and Parkway
Electric & Communications, LLC, a Michigan limited liability company (the "Contractor ").
Recitals
A. The City desires to contract for the purchase and installation of an arena sound system at the Salina Bicentennial
Center (the "Project "), in compliance with federal, state, and local regulations.
B. The Contractor has the requisite qualifications and experience to perform the services needed by the City and desires
to perform those services pursuant to the terms of this Contract.
The parties, in consideration of the mutual promises set forth in this Contract, agree and covenant:
1. Definitions. Capitalized words used in this Contract shall have the following meanings:
"Contract" means this Contract for Bicentennial Center Arena Sound System Improvements, as amended and
supplemented from time to time.
"City" means the City of Salina, Kansas.
"Contract Documents" means the items so designated in this Contract.
"Contractor" means Parkway Electric & Communications, LLC, a Michigan limited liability company, and its
successors.
"Proposal" means the written offer and proposal of the Contractor, in response to the City's Request for Proposals,
to perform the contemplated Work in accordance with the Contract Documents and setting forth the prices for the Work to be
performed.
"Request for Proposals" means the City's solicitation of sealed proposals for the design, purchase, and installation
of a new arena sound system at the Salina Bicentennial Center.
"Work" means the furnishing of all labor, materials, equipment, services, and other incidentals necessary or
convenient to the successful completion of the project required to be provided under the Contract Documents, and the
carrying out of all the duties and obligations imposed by the Contract Documents.
2. Exhibits, Contract Documents.
2.1 The following Exhibits are attached to and made a part of this Contract (Mark with "X" if applicable):
Exhibit A: Responsibilities of the Parties
Exhibit B: Term; Schedule
Exhibit C: Basis of Payment
Exhibit D: Insurance Requirements
Contractor Services (2013- 03 -18)
2.2 The Contract, together with the following documents and any change orders issued after the execution of this
Contract, shall comprise the "Contract Documents" for the Project:
Mark with "X" if applicable:
Request for Proposals
Proposal
Performance Bond
Payment Bond
Notice to Proceed (to be issued)
Certificate of Completion (to be issued)
Other:
3. Responsibilities of the Parties. The parties agree to perform the responsibilities outlined in the attached and
incorporated Exhibit A.
4. Term; Schedule. The Contractor agrees to perform its responsibilities during the term and according to the
timeframe and schedule described in Exhibit B, subject to the potential for prior termination pursuant to the terms of this
Contract. Due to the critical need for a sound system in the Salina Bicentennial Center after October 11, 2013, the Contractor
agrees to provide, at its sole cost and expense, a portable sound system for the City's use in the facility use during any period
that the proposed sound system is not installed and fully functioning after the agreed completion deadline. Nothing herein
shall be deemed a waiver of the City's right to insist upon the timely performance of this Contract.
5. Payment. The City shall pay the Contractor for the performance of its responsibilities pursuant to this Contract as
set forth in Exhibit C.
6. Insurance Requirements.
6.1. Types and Amount of Coverage. The Contractor agrees to obtain insurance coverage as specified in Exhibit
D, attached hereto, and shall not make any material modification or change from these specifications without the prior
approval of the City. If the Contractor subcontracts any of its obligations under this Contract, the Contractor shall require
each such subcontractor to obtain insurance coverage as specified in Exhibit D. Failure of the Contractor or its
subcontractors to comply with these requirements shall not be construed as a waiver of these requirements or provisions and
shall not relieve the Contractor of liability.
6.2. Rating. All insurance policies shall be issued by insurance companies rated no less than A- VII in the most
recent "Bests" insurance guide, and licensed in the State of Kansas. Except as otherwise specified in Exhibit D, all such
policies shall be in such form and contain such provisions as are generally considered standard for the type of insurance
involved.
6.3. Certificate of Insurance. The parties acknowledge that the Contractor has provided the City with a
certificate of insurance listing the City as the Certificate Holder and evidencing compliance with the insurance requirements
in this Contract. The City reserves the right to require complete certified copies of all insurance policies procured by the
Contractor pursuant to this Contract, including any and all endorsements affecting the coverage required hereunder.
7. Iniury to Persons or Damage to Property. The Contractor acknowledges responsibility for any injury to person(s)
or damage to property caused by its employees or agents in the performance of its duties under this Contract and shall
immediately notify the City's Risk Management Department at (785) 309 -5705 in the event of such injury to person(s) or
damage to property.
8. Indemnification. To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless
the City, its agents, representatives, officers, officials and employees from and against all claims, damages, losses and
expenses (including but not limited to attorney fees and court costs) attributable to bodily injury, sickness, disease, death, or
injury to, impairment, or destruction of property, including loss of use resulting therefrom, to the extent that such claims,
damages, losses, and expenses relate to, arise out of, or are alleged to have resulted from the wrongful acts, errors, mistakes,
omissions, or defective work or services of the Contractor, its employees, agents, or any tier of subcontractors in the
performance of this Contract.
9. Voluntary Termination. Intentionally deleted.
10. Default. If either party fails to comply with any term of this Contract within 10 days after written notice to comply
has been mailed by the non - defaulting party to the defaulting party, such failure shall be deemed an immediate breach of this
Contract ( "Event of Default ").
11. Remedies. Upon the occurrence of an Event of Default, the non - defaulting party shall have the following rights and
remedies, in addition to any other rights and remedies provided under this Contract or by law:
11.1 Termination. The non - defaulting party shall have the right to terminate this Contract or terminate the
defaulting party's rights under this Contract.
11.2 Other Remedies. The non - defaulting party may pursue any available remedy at law or in equity (including
specific performance) by suit, action, mandamus or other proceeding to enforce and compel the performance of the duties and
obligations set forth in this Contract, to enforce or preserve any other rights or interests of the non - defaulting party under this
Contract or otherwise existing at law or in equity and to recover any damages incurred by the non - defaulting party resulting
from such Event of Default.
12. Non - Assignable. Due to the unique qualifications and capabilities of the Contractor, neither the rights nor
responsibilities provided for under this Contract shall be assignable by either party, either in whole or in part.
13. Notices. All notices required or permitted to be given pursuant to this Contract shall be in writing and delivered
personally or sent by registered or certified mail, return receipt requested, or by generally recognized, prepaid, commercial
courier or overnight air courier service. Notice shall be considered given when received on the date appearing on the return
receipt, but if the receipt is not returned within five (5) days, then three (3) days after mailed, if sent by registered or certified
mail or commercial courier service; or the next business day, if sent by overnight air courier service. Notices shall be
addressed as appears below for each party, provided that if any party gives notice of a change of name or address, notices to the
giver of that notice shall thereafter be given as demanded in that notice.
CITY; City Clerk
Attn: Dion Louthan, Director of Parks and Recreation
P.O. Box 736
Salina, KS 67402 -0736
CONTRACTOR: Parkway Electric & Communication, LLC
11952 James Street
Holland, MI 49424
14. Retention and Inspection of Records. The Contractor shall maintain complete and accurate records with respect to
all costs and expenses incurred under this Contract. All such records shall be clearly identifiable. The Contractor shall allow a
representative of the City during normal business hours to examine, audit, and make transcripts or copies of such records and
any other documents created pursuant to, or arising under, this Contract. The Contractor shall allow inspection of all work,
data, documents, proceedings, and activities related to the Contract for a period of three (3) years from the date of final
payment under this Contract.
15. Non - appropriation. The City is subject to Kansas budget and cash basis laws, and operates on a calendar fiscal
year. In the event that this Contract involves financial obligations spanning multiple fiscal years for the City, it is subject to
annual appropriation by the City's governing body for future fiscal years. If the City's governing body does not appropriate
the funds necessary to fulfill the City's financial obligations pursuant to this Contract, the City shall so notify the other
parties to this Contract and this Contract shall be null and void for purposes of the fiscal year(s) affected by the decision of
the governing body not to appropriate.
16. Relationship. It is expressly understood that Contractor in performing services under this Contract, does so as an
independent contractor. The City shall neither have nor exercise any control or direction over the methods by which
Contractor performs its services hereunder. The sole interest and responsibility of the City is to see that the services covered
by this Contract are performed and rendered in a competent, efficient, and satisfactory manner. Contractor shall be
exclusively responsible for all taxes, withholding payments, employment -based benefits, deferred compensation plans,
including but not limited to its workers compensation and social security obligations, and the filing of all necessary
documents, forms, or returns pertinent to the foregoing.
17. Subcontracting. Contractor shall not subcontract any work or services under this Contract without the City's prior
written consent.
18. Compliance with Applicable Law.
Contractor shall comply with all applicable federal, state, and local law in the performance of this Contract.
19. Equal Opportunity.
(a) In conformity with the Kansas act against discrimination and Chapter 13 of the Salina Code, the Contractor and its
subcontractors, if any, agree that:
(1) The Contractor shall observe the provisions of the Kansas act against discrimination and Chapter 13 of the Salina
Code and in doing so shall not discriminate against any person in the performance of work under this Contract
because of race, sex, religion, age, color, national origin, ancestry or disability;
(2) The Contractor shall include in all solicitations, or advertisements for employees, the phrase "equal opportunity
employer," or a similar phrase to be approved by the City's human relations director;
(3) If the Contractor fails to comply with the manner in which the Contractor reports to the Kansas human rights
commission in accordance with the provisions of K.S.A, 44 -1031 and amendments thereto, the Contractor shall be
deemed to have breached this Contract and it may be canceled, terminated or suspended, in whole or in part, by
the City;
(4) If the Contractor is found guilty of a violation of Chapter 13 of the Salina Code or the Kansas act against
discrimination under a decision or order of the Salina human relations commission or the Kansas human rights
commission which has become final, the Contractor shall be deemed to have breached this Contract and it may be
canceled, terminated or suspended, in whole or in part, by the City;
(5) The Contractor shall not discriminate against any employee or applicant for employment in the performance of
this Contract because of race, sex, religion, age, color, national origin, ancestry or disability; and
(6) The Contractor shall include similar provisions in any subcontract under this Contract.
(b) The provisions of this section shall not apply to this Contract if the Contractor:
(1) Employs fewer than four employees during the term of this Contract; or
(2) Contracts with the City for cumulatively $5,000 or less during the City's calendar fiscal year.
20. Administration of Contract. All references in this Contract requiring the City's participation or approval shall mean
the participation or approval of the City Manager, unless otherwise provided herein.
21. Attorney Fees. If any suit or action is instituted by either party hereunder, including all appeals, the prevailing party in
such suit or action shall be entitled to recover reasonable attorney fees and expenses from the non - prevailing party, in addition to
any other amounts to which it may be entitled.
22. Right to Independent Legal Advice. The Contractor understands and acknowledges the right to have this Contract
reviewed by legal counsel of the Contractor's choice.
23. Applicable Law; Venue. This Contract and its validity, construction and performance shall be governed by the laws of
Kansas. In the event of any legal action to enforce or interpret this Contract, the sole and exclusive venue shall be in the Saline
County, Kansas District Court.
24. Interpretation. This Contract shall be interpreted according to its fair meaning, and not in favor of or against any
party.
25. Time. Time is of the essence of this Contract. No extension will be granted unless in writing and signed by the parties.
Should the end of a time period fall on a legal holiday that termination time shall extend to 5;00 p.m. of the next full business day.
26. Severability. The unenforceability, invalidity, or illegality of any provision of this Contract shall not render the other
provisions unenforceable, invalid, or illegal.
27. Authority and Consent to Transaction. Each party represents to the other that the person executing this Contract
has full and legal authority to bind such party to the terms of this Contract, and that the execution and delivery of this
Contract have been duly and validly authorized by the governing body of each party.
28. Persons Bound. This Contract shall extend to and bind the heirs, executors, administrators, trustees, successors and
authorized assigns of the parties hereto.
29. Counterparts. This Contract may be executed in any number of counterparts, each of which shall be deemed an
original, or in multiple originals, and all such counterparts or originals shall for all purposes constitute one agreement.
30. Amendments. Neither this Contract nor any of its terms may be changed or modified, waived, or terminated except by
an instrument in writing signed by an authorized representative of the party against whom the enforcement of the change, waiver,
or termination is sought.
31. Waiver. No failure or delay by a party hereto to insist on the strict performance of any term of this Contract, or to
exercise any right or remedy consequent to a breach thereof, shall constitute a waiver of any breach or any subsequent breach of
such term. No waiver of any breach hereunder shall affect or alter the remaining terms of this Contract, but each and every term
of this Contract shall continue in full force and effect with respect to any other then existing or subsequent breach thereof.
32. Conflict Resolution. No interpretation of this Contract shall be allowed to find the City has agreed to binding
arbitration.
33. No Third Party Beneficiaries. Solely the parties to this Contract shall have rights and may make claims under this
Contract. There are no intended third party beneficiaries under this Contract, and no third parties shall have any rights or make
any claims hereunder.
34. Typewritten or Handwritten Provisions. Typewritten or handwritten provisions inserted or attached shall supersede
all conflicting printed provisions.
35. Feminine - Masculine, Singular- Plural.
Wherever used, singular shall include the plural, plural the singular, and use of any gender shall include all genders.
36. Headings. The headings of the sections of this Contract are included for the purposes of convenience only and shall
not affect the interpretation of any provision hereof.
37. Merger Clause. These terms arc intended by the parties as a complete, conclusive and final expression of all the
conditions of their Contract. No other promises, statements, warranties, agreements or understandings, oral or written, made
before or at the signing thereof, shall be binding unless in writing and signed by all parties and attached hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their authorized
representatives.
CITY OF SALINA, KANSAS
By:
Attest:
Form:
Barbara V. Shirley, Mayor
.Lieu Ann Elsey, CIVIC, City Clerk
Legal Counsel
Parkway Electric & Communication, LLC
By:
(title)
(title)
R
EXHIBIT A
RESPONSIBILITIES OF THE PARTIES
As set forth in the accepted Proposal, and in accordance with the provisions of the
Contract Documents, the Contractor shall furnish all labor, equipment, accessories and material
and shall perform all work necessary to complete the Work and related services in a good,
substantial and workmanlike manner.
FEW
EXHIBIT B
TERM;SCHEDULE
The Work will be completed and ready for final payment, in accordance with the
Contract Documents, on or before October 11, 2013, and pursuant to the schedule set forth in the
Contractor's Proposal.
IN
EXHIBIT C
BASIS OF PAYMENT
A. Compensation. The City shall compensate the Contractor on a lump -sum basis, in
the amount of $246,067.40, payable in three (3) unequal installments, and based upon the
Contractor's satisfactory completion of each of the three milestones set forth below. The City
shall not be obligated to reimburse or compensate the Contractor for any costs or fees incurred in
excess of the total lump -sum amount specified above. The three installment payments shall be
payable in accordance with the following schedule:
Milestone
Description
% of Lump Sum Due
#1
Delivery of all equipment to the Salina
Bicentennial Center
50%
#2
Installation of all equipment in the Salina
Bicentennial Center
35%
#3
System certification by L- ACOUSTICS
15%
B. Requests for Payment. At the conclusion of each milestone, the Contractor shall
submit to the City a request for payment, accompanied by such reasonable documentation as the
City may require. All such requests will be due and payable within 30 days of receipt by the
City.
C -1
EXHIBIT D
INSURANCE REQUIREMENTS
Pursuant to Section 6 of the Contract, the Contractor shall obtain, pay for, and maintain —
and shall require each of its authorized subcontractors to obtain and maintain — for the duration of
the Contract, policies of insurance meeting the following requirements:
1. General Requirements.
A. Additional Insured. With the exception of the workers' compensation and
professional liability policies to be obtained by the Contractor hereunder, all policies shall name
as an additional insured the City of Salina ( "City "), its agents, representatives, officers, officials,
and employees as additional insured(s). Insurance for the additional insured shall extend to
Products /Completed Operations and be as broad as the insurance for the named insured,
including defense expense coverage, and shall apply as primary and non - contributory insurance
before any other insurance or self - insurance, including any deductible, maintained by, or
provided to, the additional insured(s).
B. Waiver of Subrogation. Where allowed by law, all policies will include a waiver
of subrogation in favor of the City, its agents, representatives, officers, officials, and employees.
C. Claims Made Policies. If coverage is written on a claims -made basis for any of
the policies required by this Contract, the Contractor must maintain the coverage for a minimum
of two (2) years from the date of final completion of all work under the Contract.
2. Specific Coverage Requirements.
A. Professional Liabilit y — Errors and Omissions. The Consultant shall maintain
professional liability insurance covering against claims for damage arising from the work
performed by the Consultant as specified in this contract. The policy limits shall not be less than
the following:
• Each occurrence $1,000,000
• General aggregate $1,000,000
B. Commercial General Liability ( "CGL "). The Contractor shall maintain CGL
coverage written on ISO Occurrence form CG00 01 or an industry equivalent and shall cover
liability arising from Personal Injury, Bodily Injury, Property Damage, Premises and Operations,
Products and Completed Operations, Contractual Liability, Independent Contractors and
Advertising Injury. The policy limits shall not be less than the following:
• Each occurrence $1,000,000
• General aggregate $2,000,000
• Personal and Advertising Liability $1,000,000
The policy shall contain an endorsement that modifies the general aggregate to apply separately
to each project. The Contractor shall maintain the Products and Completed Operations liability
coverage for a period of at least two (2) years after completion of all work under the Contract.
D -1
C. Commercial Excess/Umbrella Liabilit y with the following minimum limits:
• $1,000,000 each claim
• $1,000,000 policy limit
• Written on a follow form basis and be excess over underlying Employer's
Liability, Auto Liability and General Liability policies.
• Follow the form of the primary insurance and no less restrictive than underlying
coverage forms
• Maximum $25,000 retention/self insured hazards each occurrence
D. Business Automobile Liability( "BAL "). The Contractor shall maintain BAL
coverage written on ISO form CA 00 01 or an industry equivalent. Coverage shall be applicable
to all autos and other vehicles subject to compulsory auto liability laws that are owned, hired,
rented or used by the Contractor and include automobiles not owned by but used on behalf of the
Contractor. The BAL policy limits shall not be less than the following:
• Combined single limit $1,000,000
E. Workers' Compensation/Employer's Liability. The Contractor shall maintain
workers' compensation and employer's liability coverage with policy limits not less than the
following:
Workers' Compensation (Coverage Part A)
o Statutory
Employer's Liability (Coverage Part B)
o $100,000 each accident
o $500,000 disease — policy limit
o $100,000 disease— each employee
F. Builders Risk/Installation Floater. Property insurance including expense for the full
repair and replacement, upon the work site, at temporary locations and in transit in the amount of
the full insurable value of property being installed, transported, and handled. Such coverage shall
be written on an All Risk or Special cause of loss form and the perils of water damage (excluding
flood) and earthquake. With limits of insurance not less than:
• Property /Builders Risk Contract Cost
• Transit and temporary locations 20% of contract cost
• Engineer, architect or other professional fees 10% of contract cost
• Include insurance for Boiler /Machinery Break down insurance for testing and
start up operations on a broad form basis.
• Allow for partial utilization of the Work by the City.
• Include a provision that any loss will be adjusted with the City and made payable
to the City as a fiduciary for the insured's as their interest may apply.
D -2
3. Other Required Insurance Coverage where Exposure Exists.
A. Crane Service Liability. Should Contractors' work include providing crane
services, then Commercial General Liability shall be amended to apply with minimum limits of
liability to insure against bodily injury and property damage arising from such crane operations.
The policy shall include coverage for Rigger's Liability and shall not exclude coverage for
damage to property being lifted.
• Each occurrence Bodily Injury and Property Damage $5,000,000
• Personal Injury $5,000,000
• Aggregate for Products - Completed operations $5,000,000
• General aggregate $5,000,000
Subcontractor's coverage for Crane Services may be provided either by their own policy(ies), or
by the policy(ies) of a lower tier contractor providing such Crane Services for Subcontractor.
The policy shall include a per project general aggregate.
Contractor shall be responsible for all premiums and retention or deductible expense for any and
all policies shown above, regardless of whether or not such retention or deductible expense
results from negligent acts of sub contractor or other causes.
D -3