Loading...
R2020-038 2020-02-24RESOLUTION NO. R2020-38 A Resolution of the City Council of the City of Pearland, Texas, authorizing the purchase of electric and lighting retrofit services from Musco Sports Lighting, LLC, in the amount of $327,412.00 through the Texas Association of School Boards (TASB) Buyboard. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That contract pricing for the purchase of electric and lighting retrofit services has been obtained through the TASB Buyboard Program. Section 2. That the City Council hereby awards a bid to purchase electric and lighting retrofit services from Musco Sports Lighting, in the total amount of $327,412.00. Section 3. The City Manager or his designee is hereby authorized to execute a contract for the purchase of electric and lighting retrofit services. PASSED, APPROVED and ADOPTED this the 24th day of February, A.D., 2020. FARM CRYVFAL N. ROAN, TRMC, CMC CITY SECRETARY APPROVED AS TO FORM: 2sa' 04'. DARRIN M. COKER CITY ATTORNEY t ' of TO EID MAYOR City of Pearland 3519 Liberty Drive Pearland, TX 77581 General Services Contract This Contract (Contract) is made between the City of Pearland, Texas (City), and Contractor. The City and Contractor agree to the terms and conditions of this Contract, which consists of the following parts: I. Summary of Contract Terms II. Signatures III. Standard Contractual Provisions IV. Special Terms and Conditions V. Additional Contract Attachments I. Summary of Contract Terms. Contractor: Description of Services: Contract Type: Effective Date: Termination Date: Renewal: Musco Sports Lighting, LLC 100 15i Avenue West Oskaloosa, IA 52577 Contractor will provide electrical and lighting retrofit services, for City of Pearland's Centennial and Independence Parks, as provided in quote #196290 via Buyboard Contract #592-19, resolution #R�_�� Unit Price Contract, Estimated Amount of $327,412. 2/11/2020 8/30/2020 No renewal options available. II. Signatures. By signing below, the parties agree to the terms of this Contract: CITY OF PlEARLAND: CON OR: Assist ant mance Director Date Titl Se retary /-I / Date: January 30, 2020 *Stned 1h: Date: Z -2N -7-4-1 City Manager Assistant City Manager Director Superintendent/Manager *Contract Signature Authority: Superintendent/Manager -$5,999 or less Director - $6,000 to $30,000 City Manager/Assistant City Managers - $30,001 to $50,000 City Council Resolution - $50,000+ Page 1 of 4 Ill. Standard Contractual Provisions. A. Definitions. Contract means this Standard Services Contract Services means the services for which the City solicited bids or received proposals as described in Exhibit A, attached hereto. B. Services and Payment. Contractor will furnish Services to the City in accordance with the terms and conditions specified in this Contract. Contractor will bill the City for the Services provided at intervals of at least 30 days, except for the final billing. The City shall pay Contractor for the Services in accordance with the terms of this Contract, but all payments to be made by the City to Contractor, including the time of payment and the payment of interest on overdue amounts, are subject to the applicable provisions of Chapter 2251 of the Government Code. C. Termination Provisions. (1) City Termination for Convenience. Under this paragraph, the City may terminate this Contract during its term at any time for the City's own convenience where the Contractor is not in default by giving written notice to Contractor. If the City terminates this Contract under this paragraph, the City will pay the Contractor for all services rendered in accordance with this Contract to the date of termination. (2) Termination for Default. Either party to this Contract may terminate this Contract as provided in this paragraph if the other party fails to comply with its terms. The party alleging the default will give the other party notice of the default in writing citing the terms of the Contract that have been breached and what action the defaulting party must take to cure the default. If the party in default fails to cure the default as specified in the notice, the party giving the notice of default may terminate this Contract by written notice to the other party, specifying the date of termination. Termination of this Contract under this paragraph does not affect the right of either party to seek remedies for breach of the Contract as allowed by law, including any damages or costs suffered by either party. (3) Multi -Year Contracts and Funding. If this Contract extends beyond the City's fiscal year in which it becomes effective or provides for the City to make any payment during any of the City's fiscal years following the City's fiscal year in which this Contract becomes effective and the City fails to appropriate funds to make any required Contract payment for that successive fiscal year and there are no funds from the City's sale of debt instruments to make the required payment, then this Contract automatically terminates at the beginning of the first day of the City's successive fiscal year of the Contract for which the City has not appropriated funds or otherwise provided for funds to make a required payment under the Contract. D. Liability and Indemnity. Any provision of any attached contract document that limits the Contractor's liability to the City or releases the Contractor from liability to the City for actual or compensatory damages, loss, or costs arising from the performance of this Contract or that provides for contractual indemnity by one party to the other party to this Contract is not applicable or effective under this Contract. Except where an Additional Contract Document provided by the City provides otherwise, each party to this Contract is responsible for defending against and liable for paying any claim, suit, or judgment for damages, loss, or costs arising from that party's negligent acts or omissions in the performance of this Contract in accordance with applicable law. This provision does not affect the right of either party to this Contract who is sued by a third party for acts or omissions arising from this Contract to bring in the other party to this Contract as a third -party defendant as allowed by law. E. Assignment. The Contractor shall not assign this Contract without the prior written consent of the City. F. Law Governing and Venue. This Contract is governed by the law of the State of Texas and a lawsuit may only be prosecuted on this Contract in a court of competent jurisdiction located in or having jurisdiction in Brazoria County, Texas. G. Entire Contract. This Contract represents the entire Contract between the City and the Contractor and supersedes all prior negotiations, representations, or contracts, either written or oral. This Contract may be amended only by written instrument signed by both parties. H. Independent Contractor. Contractor shall perform the work under this Contract as an independent contractor and not as an employee of the City. The City has no right to supervise, direct, or control the Contractor or Contractor's officers or employees in the means, methods, or details of the work to be performed by Contractor under this Contract. The City and Contractor agree that the work performed under this Contract is not inherently dangerous, that Contractor will perform the work in a workmanlike manner, and that Contractor will take proper care and precautions to insure the safety of Contractor's officers and employees. I. Dispute Resolution Procedures. The Contractor and City desire an expeditious means to resolve any disputes that may arise between them regarding this Contract. If either party disputes any matter relating to this Contract, the parties agree to try in good faith, before bringing any legal action, to settle the dispute by submitting the matter to mediation before a third party who will be selected by agreement of the parties. The parties will each pay one- half of the mediator's fees. J. Attorney's Fees. Should either party to this Contract bring suit against the other party for breach of contract or for any other cause relating to this Contract, neither party will seek or be entitled to an award of attorney's fees or other costs relating to the suit. K. Severability. If a court finds or rules that any part of this Contract is invalid or unlawful, the remainder of the Contract continues to be binding on the parties. IV. Special Terms or Conditions. None. V. Additional Contract Documents. The following specified documents attached to this Contract are part of this Contract. Any provision contained in the Contractor's Additional Contract Documents that conflicts with this Contract shall have no legal effect. A. Contractor's Additional Contract Documents: 1. The contractor's quote #196290 shall be construed as additional contract documents. 2. Executed Contractor Insurance Requirements & Agreement (required insurance certificate[s] shall be in possession of City at actual commencement of work). 3. Performance and Payment Bonds in the amount of the contract. B. City's Additional Contract Documents: 1. Scope of Services as listed on the attached. EXHIBIT A CONTRACTOR'S SCOPE OF SERVICES Scope of services shall consist of the contractor providing electrical and lighting retrofit services for the City of Pearland. Pricing is as reflected in attached quote. CITY OF PEARLAND STANDARD FORM OF AGREEMENT APPENDIX B House Bill 89 Verification James M. Hansen (Person name), the undersigned representative (hereafter referred to as "Representative") of Musco Sports Lighting, LLC (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Pearland; and 3. That Representative understands that the term "boycott Israel' is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 30th day of Janua MINDA K. WALTER Notarlal Seal - Iowa Commisslolr 746 ey My Commisslon Exx pires 2020 Project: Centennial Park Retrofit Pearland, TX Musco Ref: 202668 Date: 1/29/2020 BuyBoard Master Project: 196290, Contract Number: 592-19, Expiration: 09/30/2020 Commodity: Parks and Recreation Equipment and Field Lighting Products and Installation All purchase orders should note the following: BuyBoard purchase — Contract Number: 592-19 Quotation Price — Materials Delivered to Job Site and Installation Tennis, Basketball & Parking Lot -................................................................$180,656.00 Applicable sales tax is not included. Pricing furnished is effective for 60 days unless otherwise noted and is considered confidential. Light -Structure System with Total Light Control — TLC for LEDT"' technology Guaranteed Lighting Performance • Guaranteed light levels of 50 footcandles and uniformity of 2.0:1 (Tennis & Basketball). • Spill light and off-site glare light minimized. System Description • Factory wired poletop luminaire assemblies. • Factory aimed and assembled luminaires. • Factory wired and tested remote electrical component enclosures. • Pole length, factory assembled wire harnesses. • Mounting hardware for poletop luminaire assemblies and electrical components enclosures. • Disconnects. • UL Listed assemblies. Control Systems and Services • Lighting contactor cabinet to provide onsite on/off control • Player -activated pushbutton control system with strobe to provide timed on/off control (Tennis & Basketball) • Control -Link° Control and Monitoring system to provide remote on/off and dimming (high/medium/low) control and performance monitoring with 24/7 customer support Operation and Warranty Services • Reduction of energy and maintenance costs by 40% to 85% over typical 150OW metal halide equipment. • Product assurance and warranty program that covers materials and onsite labor, eliminating 100% of your maintenance costs for 10 years. • Support from Musco's Lighting Services Team — over 170 Team members dedicated to operating and maintaining your lighting system — plus a network of 1800+ contractors. Installation Services Provided [See attached scope of work] Payment Terms 0000 muscos■ 92016, 2019 Musco Sports Lighting, LLC -1- M-2169-enUS-7 Musco's Credit Department will provide payment details. Email or fax a copy of the Purchase Order to Musco Sports Lighting, LLC: Musco Sports Lighting, LLC Attn: Amanda Hudnut Fax: 800-374-6402 Email: musco.contracts@musco.com All purchase orders should note the following: BuyBoard purchase—Contract Number: 592-19 Delivery Timing 4 - 6 weeks for delivery of materials to the job site from the time of order, submittal approval, and confirmation of order details including voltage, phase, and pole locations. Due to the built-in custom light control per luminaire, pole locations need to be confirmed prior to production. Changes to pole locations after the product is sent to production could result in additional charges. Notes Quote is based on: • Shipment of entire project together to one location. • 480 Volt, 3 Phase electrical system requirement. • Owner is responsible for getting electrical power to the site, coordination with the utility, and any power company fees. • Includes supply and installation of Musco system including controls by a licensed contractor. • Confirmation of pole locations prior to production. • Product assurance and warranty program is contingent upon site review and compatibility with Musco's lighting system • The owner of the field is responsible for the structural integrity of the existing poles. Thank you for considering Musco for your lighting needs. Please contact me with any questions or if you need additional details. Jeff Omer Field Sales Representative Musco Sports Lighting, LLC Phone: 713-504-5553 E-mail: Jeff.Omer@musco.com CSC) Musco. ©2016, 2019 Musco Sports Lighting, LLC - 2 - M-2169-enUS-7 Project: Independence Park Tennis Pearland, TX Musco Ref: 199312 Date: 1-29-2020 BuyBoard Master Project: 196290, Contract Number: 592-19, Expiration: 09/30/2020 Commodity: Parks and Recreation Equipment and Field Lighting Products and Installation All purchase orders should note the following: BuyBoard purchase — Contract Number: 592-19 Quotation Price — Materials Delivered to Job Site and Installation Athletic Lighting -....................................................................... $146,756.00 Applicable sales taxis not included. Pricing furnished is effective for 60 days unless otherwise noted and is considered confidential. SportsCluster System with Total Light Control — TLC for LED'" technology System Description -Tennis • (6) Factory wired pole top luminaire assemblies. • (16) Factory aimed and assembled luminaires. • Factory wired and tested remote electrical component enclosures. • Pole length, factory assembled wire harnesses. • Mounting hardware for pole top luminaire assemblies and electrical components enclosures. • UL Listed assemblies. • Guaranteed light levels of 50 foot-candles and uniformity of 2.0:1.0. • Spill light and off-site glare light minimized. System Description — Dog Park • (2) Factory wired pole top luminaire assemblies. • (8) Factory aimed and assembled luminaires. • Factory wired and tested remote electrical component enclosures. • Pole length, factory assembled wire harnesses. • Mounting hardware for pole top luminaire assemblies and electrical components enclosures. • UL Listed assemblies. • Spill light and off-site glare light minimized. Control Systems and Services • (2) Player -activated push button control system with strobe to provide timed on/off control for the Tennis courts. • Control -Link' Control and Monitoring system to provide remote on/off control and performance monitoring with 24/7 customer support. Operation and Warranty Services • Reduction of energy and maintenance costs by 40% to 85% over typical 150OW metal halide equipment. • Product assurance and warranty program that covers materials and onsite labor, eliminating 100% of your maintenance costs for 10 years. • Support from Musco's Lighting Services Team — over 170 Team members dedicated to operating and maintaining your lighting system — plus a network of 1800+ contractors. muscos 9)2016, 2019 Musco Sports Lighting, LLC 1 - M-2169-enUS-7 Installation Services Provided See attached scope of work. Payment Terms Musco's Credit Department will provide payment details. Email or fax a copy of the Purchase Order to Musco Sports Lighting, LLC: Musco Sports Lighting, LLC Attn: Amanda Hudnut Fax: 800-374-6402 Email: musco.contracts@musco.com All purchase orders should note the following: BuyBoard purchase —Contract Number: 592-19 Delivery Timing 6 - 8 weeks for delivery of materials to the job site from the time of order, submittal approval, and confirmation of order details including voltage, phase, and pole locations. Due to the built-in custom light control per luminaire, pole locations need to be confirmed prior to production. Changes to pole locations after the product is sent to production could result in additional charges. Notes Quote is based on: • Shipment of entire project together to one location. • 480 Volt, 3 Phase electrical system requirement. • Owner is responsible for getting electrical power to the site, coordination with the utility, and any power company fees. • Includes supply and installation of Musco system including underground wiring and conduit, service entrance panel board, and controls by a licensed contractor. • Standard soil conditions — rock, bottomless, wet or unsuitable soil may require additional engineering, special installation methods and additional cost. • Product assurance and warranty program is contingent upon site review and compatibility with Musco's lighting system. • The owner of the field is responsible for the structural integrity of the existing poles. Thank you for considering Musco for your lighting needs. Please contact me with any questions or if you need additional details. Jeff Omer Senior Field Sales Representative Musco Sports Lighting, LLC Phone: 713-504-5553 E-mail: 1eff.Omer@musco.com 92016, 2019 Musco Sports Lighting, LLC - 2 - M-2169-enUS-7 Retrofit Scope of Work Centennial Park Basketball Courts Pearland, Texas Owner Responsibilities: 1. Complete access to the site for construction using standard 2 wheel drive rubber tire equipment. 2. Locate existing underground utilities not covered by your local utilities. i.e. water lines, electrical lines, irrigation systems and sprinkler heads. Musco or Subcontractor will not be responsible for repairs to unmarked utilities. 3. Customer responsible for any necessary power company fees and requirements. 4. Customer responsible for all permitting fees (payment), as necessary. Musco subcontractor will obtain the required permitting if necessary. 5. Provide any existing as -built documents or drawings. 6. Provide sealed Electrical Plans, if required. Musco Responsibilities: 1. Provide required mounts, fixtures, electrical enclosures, pole harnesses, and control cabinets. 2. Provide layout of pole locations and aiming diagram. 3. Provide Project Management as required. 4. Musco shall provide Performance and Payment Bonds in an amount equal to the total amount of bid. Musco Subcontractor Responsibilities General: 1. Provide equipment and materials to off load equipment at jobsite per scheduled delivery. 2. Provide storage containers for material, (including electrical components enclosures), as necessary and waste disposal. 3. Provide adequate security to protect Musco delivered products from theft, vandalism or damage during the installation. 4. Obtain any required permitting, if necessary. 5. Confirm the existing underground utilities and irrigation systems have been located and are clearly marked so as to avoid damage from construction equipment. Repair any such damage during construction. 6. Keep all heavy equipment off of playing surfaces when possible. Repair damage to surrounding grounds which exceeds that which would be expected. Indentations caused by heavy equipment traveling over dry ground would be an example of expected damage. Ruts and sod damage caused by equipment traveling over wet grounds would be an example of damage requiring repair. 7. Provide startup and aiming as required to provide complete and operating sports lighting system. Musco Subcontractor Responsibilities Demolition: 1. Remove and dispose of the existing lighting fixtures and electrical enclosures on (4) poles. This will include the recycling of lamps, aluminum reflectors, ballast and steel as necessary. 2. Leave existing grounds and power feed in place for connection to new lighting equipment. Musco Subcontractor Responsibilities — Retrofit Musco Equipment to Existing Poles: 1. Provide materials and equipment to assemble and install Musco TLC -LED equipment on existing poles and terminate grounding and power feed. Power feed may need to be reworked to adapt to the new Musco equipment. Musco Subcontractor Responsibilities — Electrical: 1. Provide materials and equipment to reuse existing electrical service panel as required. 2. Provide materials and equipment to reuse existing electrical wiring as permitted. Owner to pay for costs associated with replacing any existing wiring that needs replaced. Musco Subcontractor Responsibilities — Core Control System: 00 musco Centennial Park Retrofit, Project # 202668, Page - 1 - I . Provide equipment and materials to install (1) Lighting Contactor Cabinet and terminate all necessary wiring. 2. Provide a dedicated 120v 20amp controls circuit or a step down transformer for 120v control circuit if not available. 3. Provide a dedicated 20amp breaker connected to all available phases for powerline communication, if possible. 4. Install (1) Musco provided push button and strobe assembly near courts.. 5. Check all Zones to make sure they work in both auto and manual mode. 6. Contractor will commission Control Link by contacting Control Link Central. 0000 musco, Centennial Park Retrofit, Project # 202668, Page - 2 - Retrofit Scope of Work Centennial Park Parking Lot Pearland, Texas Owner Responsibilities: 1. Complete access to the site for construction. 2. Customer responsible for any necessary power company fees and requirements, if required.. 3. Customer responsible for all permitting fees (payment), as necessary. Musco subcontractor will obtain the required permitting if necessary. 4. Provide any existing as -built documents or drawings. 5. Provide sealed Electrical Plans, if required. Musco Responsibilities: 1. Provide required mounts, fixtures, electrical enclosures, pole harnesses, and control cabinets. 2. Provide layout of pole locations and aiming diagram. 3. Provide Project Management as required. 4. Musco shall provide Performance and Payment Bonds in an amount equal to the total amount of bid. Musco Subcontractor Responsibilities General: 1. Provide equipment and materials to off load equipment atjobsite per scheduled delivery. 2. Provide storage containers for material, (including electrical components enclosures), as necessary and waste disposal. 3. Provide adequate security to protect Musco delivered products from theft, vandalism or damage during the installation. 4. Obtain any required permitting, if necessary. 5. Confirm the existing underground utilities and irrigation systems have been located and are clearly marked so as to avoid damage from construction equipment. Repair any such damage during construction. 6. Provide startup as required to provide complete and operating system. Musco Subcontractor Responsibilities Demolition: 1. Remove and dispose of the existing lighting fixtures on (2) poles. This will include the recycling of lamps, aluminum reflectors, ballast and steel as necessary. 2. Leave existing grounds and power feed in place for connection to new lighting equipment. Musco Subcontractor Responsibilities — Retrofit Musco Equipment to Existing Poles: 1. Provide materials and equipment to assemble and install Musco provided parking lot equipment on existing poles and terminate grounding and power feed. Musco Subcontractor Responsibilities — Electrical: 1. Provide materials and equipment to reuse existing electrical service panel as required. 2. Provide materials and equipment to reuse existing electrical wiring as permitted. Owner to pay for costs associated with replacing any existing wiring that needs replaced. Musco Subcontractor Responsibilities — Core Control System: 1. Provide equipment and materials to install (1) Lighting Contactor Cabinet and terminate all necessary wiring. This cabinet will also be utilized for the Basketball Courts. 2. Provide a dedicated 120v 20amp controls circuit or a step down transformer for 120v control circuit if not available. 3. Check all Zones to make sure they work in both auto and manual mode. 4. Contractor will commission Control Link by contacting Control Link Central. musco. Centennial Park Retrofit, Project # 202668, Page - 1 - Retrofit Scope of Work Centennial Park Tennis Courts Pearland, Texas Owner Responsibilities: 1. Complete access to the site for construction using standard 2 wheel drive rubber tire equipment. 2. Locate existing underground utilities not covered by your local utilities. i.e. water lines, electrical lines, irrigation systems and sprinkler heads. Musco or Subcontractor will not be responsible for repairs to unmarked utilities. 3. Customer responsible for any necessary power company fees and requirements. 4. Customer responsible for all permitting fees (payment), as necessary. Musco subcontractor will obtain the required permitting if necessary. 5. Provide any existing as -built documents or drawings. 6. Provide sealed Electrical Plans, if required. Musco Responsibilities: 1. Provide required mounts, fixtures, electrical enclosures, pole harnesses, and control cabinets. 2. Provide layout of pole locations and aiming diagram. 3. Provide Project Management as required. 4. Musco shall provide Performance and Payment Bonds in an amount equal to the total amount of bid. Musco Subcontractor Responsibilities General: 1. Provide equipment and materials to off load equipment atjobsite per scheduled delivery. 2. Provide storage containers for material, (including electrical components enclosures), as necessary and waste disposal. 3. Provide adequate security to protect Musco delivered products from theft, vandalism or damage during the installation. 4. Obtain any required permitting, if necessary. 5. Confirm the existing underground utilities and irrigation systems have been located and are clearly marked so as to avoid damage from construction equipment. Repair any such damage during construction. 6. Keep all heavy equipment off of playing surfaces when possible. Repair damage to surrounding grounds which exceeds that which would be expected. Indentations caused by heavy equipment traveling over dry ground would be an example of expected damage. Ruts and sod damage caused by equipment traveling over wet grounds would be an example of damage requiring repair. 7. Provide startup and aiming as required to provide complete and operating sports lighting system. Musco Subcontractor Responsibilities Demolition: 1. Remove and dispose of the existing lighting fixtures and electrical enclosures on (8)poles. This will include the recycling of lamps, aluminum reflectors, ballast and steel as necessary. 2. Leave existing grounds and power feed in place for connection to new lighting equipment. Musco Subcontractor Responsibilities — Retrofit Musco Equipment to Existing Poles: 1. Provide materials and equipment to assemble and install Musco TLC -LED equipment on existing poles and terminate grounding and power feed. Power feed may need to be reworked to adapt to the new Musco equipment. Musco Subcontractor Responsibilities — Electrical: 1. Provide materials and equipment to reuse existing electrical service panel as required. 2. Provide materials and equipment to reuse existing electrical wiring as permitted. Owner to pay for costs associated with replacing any existing wiring that needs replaced. Musco Subcontractor Responsibilities — Core Control System: 00 musco. Centennial Park Retrofit, Project # 202668, Page - 1 - 1. Provide equipment and materials to install (1) Lighting Contactor Cabinet and terminate all necessary wiring. 2. Provide a dedicated 120v 20amp controls circuit or a step down transformer for 120v control circuit if not available. 3. Provide a dedicated 20amp breaker connected to all available phases for powerline communication, if possible. 4. Install (2) Musco provided push button and strobe assemblies on (2) separate existing poles. 5. Check all Zones to make sure they work in both auto and manual mode. 6. Contractor will commission Control Link by contacting Control Link Central. Centennial Park Retrofit, Project # 202668, Page - 2 - Scope of Work Independence Park Pearland, Texas Owner Responsibilities: 1. Complete access to the site for construction using standard 2 wheel drive rubber tire equipment. 2. Locate existing underground utilities not covered by your local utilities. i.e. water lines, electrical lines, irrigation systems and sprinkler heads. Musco or Subcontractor will not be responsible for repairs to unmarked utilities. 3. Customer responsible for any necessary power company fees and requirements. 4. Customer responsible for all permitting fees (payment), as necessary. Musco subcontractor will obtain the required permitting if necessary. 5. Provide any existing as -built documents or drawings. 6. Provide sealed Electrical Plans, if required. Musco Responsibilities: 1. Provide required mounts, fixtures, electrical enclosures, pole harnesses, and control cabinets. 2. Provide layout of pole locations and aiming diagram. 3. Provide Project Management as required. 4. Musco shall provide Performance and Payment Bonds in an amount equal to the total amount of bid. Musco Subcontractor Responsibilities General: 1. Provide equipment and materials to off load equipment at jobsite per scheduled delivery. 2. Provide storage containers for material, (including electrical components enclosures), as necessary and waste disposal. 3. Provide adequate security to protect Musco delivered products from theft, vandalism or damage during the installation. 4. Obtain any required permitting, if necessary. 5. Confirm the existing underground utilities and irrigation systems have been located and are clearly marked so as to avoid damage from construction equipment. Repair any such damage during construction. 6. Keep all heavy equipment off of playing surfaces when possible. Repair damage to surrounding grounds which exceeds that which would be expected. Indentations caused by heavy equipment traveling over dry ground would be an example of expected damage. Ruts and sod damage caused by equipment traveling over wet grounds would be an example of damage requiring repair. 7. Provide startup and aiming as required to provide complete and operating sports lighting system. Musco Subcontractor Responsibilities Demolition: 1. Remove and dispose of the existing lighting fixtures and electrical enclosures on (6) Tennis Court poles and (2) Dog Park poles. This will include the recycling of lamps, aluminum reflectors, ballast and steel as necessary. 2. Leave existing grounds and power feed in place for connection to new lighting equipment. Musco Subcontractor Responsibilities — Retrofit Musco Equipment to Existing Poles: 1. Provide materials and equipment to assemble and install Musco TLC -LED equipment on (6) existing Tennis Court poles, (2) Dog Park poles and terminate grounding and power feed. Power feed may need to be reworked to adapt to the new Musco equipment. Musco Subcontractor Responsibilities — Electrical: 1. Provide materials and equipment to install new electrical service panel at Dog Park. 2. Provide materials and equipment to reuse existing electrical wiring as permitted. Owner to pay for costs associated with replacing any existing wiring that needs replaced. Independence Park, Project # 199312, Page - 1 - Musco Subcontractor Responsibilities — Core Control System: 1. Provide equipment and materials to install (3) Lighting Contactor Cabinets at separate locations and terminate all necessary wiring. Locations listed below. a. Tennis Courts 1-4 b. Dog Park c. Main Service Area for Park 2. Provide a dedicated 120v 20amp controls circuit or a step down transformer for 120v control circuit if not available. 3. Provide a dedicated 20amp breaker connected to all available phases for powerline communication, if possible. 4. Install (2) Musco provided push button and strobe assemblies on Tennis Court pole for control of Courts 1-4. 5. Check all Zones to make sure they work in both auto and manual mode. 6. Contractor will commission Control Link by contacting Control Link Central. MUSCO Independence Park, Project # 199312, Page - 2 - COVERAGES CERTIFICATE NUMBER: 570079783984 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 12/26/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Services Central, Inc. Omaha NE Office CONTACT NAME: PHONE (AIC. No. Ext): (402) 697-1400 (pIC.Ne.): (402) 697-0017 E-MAIL ADDRESS: 17807 Burke Street Suite 401 AUTHORIZED REPRESENTATIVE Omaha NE 68118 USA Ir Suite B INSURER(S) AFFORDING COVERAGE NAIC # INSURED MED EXP (Any one person) $10,000 INSURER A: Sentry Insurance A Mutual Company 24988 Musco Sports Lighting, LLC c/o Musco corporation 100 1st Ave W INSURER B: Travelers Property Cas Co of America 25674 INSURER C: Sentry Casualty Company 28460 Oskaloosa IA 52577 USA INSURER D: Nautilus Insurance Company 17370 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570079783984 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, Limits shown are as requested INSR LTR TYPE OF INSURANCE ADDL INSD SUBRPOLICY WVD POLICY NUMBER EFF (MM/DDIYYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 901687704 07/01/2019 07/01/2020 EACH OCCURRENCE $1,000,000 AUTHORIZED REPRESENTATIVE CLAIMS -MADE X OCCUR Ir Suite B DAMAGE TO RENTED PREMISES (Ea occurrence) $300,000 MED EXP (Any one person) $10,000 Pearland TX 77581 USA PERSONAL& ADV INJURY $1,000,000 GEN'LAGGREGATTELILIMITAPPLIES PER GENERAL AGGREGATE $2,000,000 POLICY I X I PRO LOC l J JECT PRODUCTS -COMP/OP AGG $2,000,000 OTHER: A AUTOMOBILE LIABILITY 90-16877-03 07/01/2019 07/01/2020 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY ( Per person) ANY AUTO BODILY INJURY (Per accident) OWNED SCHEDULED AUTOS ONLY AUTOS JXX HIRED AUTOS X NON -OWNED ONLY AUTOS ONLY PROPERTY DAMAGE (Per accident) B X UMBRELLA X OCCUR ZUP61M9917719NF 07/01/2019 07/01/2020 EACH OCCURRENCE $25,000,000 EXCESS LIAR CLAIMS -MADE AGGREGATE $25,000,000 DED X RETENTION $10,000 C C WORKERS COMPENSATIONAN. EMPLOYERS' LIABILITY ANY R I PARTNER YIN EXECUTIVE OEFFFIICERIMEMBER N N/A 901687701 AOS 901687702 07/01/2019 07/01/2019 07/01/2020X 07/01/2020 PER STATUTE OTH- ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 (Mandatory in NH) IVes describe under SG�RIPTION OF OPERATIONS below AZ, WI E.L. DISEASE -POLICY LIMIT $1,000,000 D Archit&Eng Prof ADN50089860719 07/01/2019 07/01/2020 Aggregate $5,000,000 OPCR aims -Made SIR $250,000 applies per policy ter is & condi ions Each Claim $5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Musco Projects: Centennial Park (#202668) and Independence Park (#199312). CERTIFICATE HOLDER CANCELLATION SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. y! in City of Pearland Park and Rec Office AUTHORIZED REPRESENTATIVE Ir Suite B 3523 Liberty Dr. Pearland TX 77581 USA ©1988-2015 ACORD CORPORATION. All rights reserved ACORD 25 (2016103) The ACORD name and logo are registered marks of ACO THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Musco Sports Lighting, LLC 2107 Stewart Road Muscatine, IA 52761 OWNER (Name and Address): City of Pearland 3519 Liberty Drive Pearland, TX 77581 SURETY (Name and Principal Place of Business): Travelers Casualty and Surety Company of America One Tower Square 2SHS Hartford, CT 06183 CONSTRUCTION CONTRACT Date: February 11, 2020 Amount: $327,412.00 Description (Name and Location): Independence Park and Centennial Park, Proj No.'s 199312 and 202668 BOND #107184629 Date: (Not earlier than Construction Contract Date) Amount: $327,412.00 Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Musco Sports Li g, Signature: - Name and Title: (Any additional signatures appear on page 3) (FOR INFORMATION ONLY— Name, Address and Telephono) AGENT OR BROKER Reynolds & Reynolds Inc. 300 Walnut St., Suite 200 Des Moines, IA 50309 515.243.1724 February 11, 2020 E7 None ® See Page 3 Company: (Corporate Seal) Travelers Casualty and -S-u'retv Compof A pica Signature: Name and Title: Dean M. Clark, Attomey-in-Fact OWNERS REPRESENTATVE (Architect, Eng&, eer or other porty,': AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. • AIA J THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 THIRD PRINTING • MARCH 1987 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract. the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing ttie Construction Contract If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract. but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default, and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances. .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or 2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner- 6 wner6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2. or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract. the Surety is obligated without duplication for 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non- performance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs. executors, administrators or successors. AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA J THE AMERICAN INSTI rL TF OF ARCHITECTS, 1735 NEW YORK AVE, N W., WASHINGTON, D.C. 26006 A312-1984 THIRD PRINTING • MARCH 1987 8 The Surety hereby waives notice of any change, including changes of time. to the Construction Contract or to related subcontracts, purchase orders and other obligations 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond. whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein_ The intent is that this Bond shall be construed as a statutory bond and not as a common law bond 12 DEFINITIONS MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 12,1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement betwen the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. See Limited Maintenance Provision Rider attached Hereto and made a part of Hereof. CONTRACTOR AS PRINCIPAL Company: Signature: Name and Title: Address: SURETY (Corporate Seal) Company: (Corporate Seal) Travelers Casualty and Surety Company of America Signature: Name and Title: Address. AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED • AIA ( THE AMERICAN INS -1 ITUIE OF ARCHITECTS, 1735 NEW YORK AVF., N.W., WASHINGTON, D.C. 20646 A312-1984 THIRD PRINTING • MARCH 1987 THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 107184629 AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Musco Sports Lighting, LLC 2107 Stewart Road Muscatine, IA 52761 OWNER (Name and Address): City of Peariand 3519 Liberty Drive Pearland, TX 77581 SURETY (Name and Principal Place of Business): Travelers Casualty and Surety Company of America One Tower Square 2SHS Hartford, CT 06183 CONSTRUCTION CONTRACT Date: February 11, 2020 Amount: $327,412.00 Description (Name and Location): Independence Park and Centennial Park, Proj, No,'s 199312 and 202668 BOND Date: (Not earlier than Construction Contract Date) Amount: $327,412.00 Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Musco Sports Light' LC Signature: Name and Title: 77' (Any additional signatures appear on page 6) (FOR INFORMATION ONLY— Name, Address and Telephone) AGENT OR BROKER Reynolds & Reynolds Inc. 300 Walnut Street, Suite 200 Des Moines, IA 50309 515.243.1724 February 11, 2020 ❑ None ® See Page 6 �1-9lV:Iil Company: / (Corporate Seal) Travelers Casualty and Surety o y-01 A Signature: Name and Title: ' Dean M. Clark, Attorney -in -Fact OWNERS REPRESENTATVE (Architect, Engineer or other party): AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA e THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.. WASHINGTON, D.C. 20006 A312-1984 4 THIRD PRINTING • MARCH 1987 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract. which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor, 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants. and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor, .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed, and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Band no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. - AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING • MARCH 1987 A312-1984 5 sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond. the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water. gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. Paragraph 6 above is deleted in its entirety and the following is substituted in its place: 6. When the Claimant has satisfied the conditions of Paragraph 4, and has submitted all supporting documentation and any proof of claim requested by the Surety, the Surety shall, with reasonable promptness, notify the Claimant of the amounts that are undisputed and the basis for challenging any amounts that are disputed, including, but not limited to, the lack of substantiating documentation to support the claim as to entitlement or amount, and the Surety shall, with reasonable promptness, pay or make arrangements for payment of any undisputed amount; provided, however, that the failure of the Surety to timely discharge its obligations under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not be deemed to be an admission of liability by the Surety as to such claim or otherwise constitute a waiver of the Contractor's or Surety's defenses to, or right to dispute, such claim. Rather, the Claimant shall have the immediate right, without further notice, to bring suit against the Surety to enforce any remedy available to it under this Bond. See Limited Maintenance Provision Rider attached Hereto and made a part of Hereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Travelers Casualty and Surety Company of America Signature; Name and Title: Address: AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. - AIA J THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 200D6 THIRD PRINTING • MARCH 1987 A312-1984 Limited Maintenance Provision Rider To be attached to and form part of bond no 107184629 issued by the Travelers Casualty and Surety Company of America on behalf of Musco Sports Lighting LLC in the amount of ($327.412.00) and dated February 11, 2020 in favor of City of Pearland, 3519 Liberty Drive, Pearland, TX 77581 for Independence Pand and Centennial Park. Proi No.'s 199321 and 202668. Principal and Surety shall guarantee that the work will be free of defective materials and workmanship for a period of Twelve (12) months following completion of the contract. Any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only, and the Surety assumes no liability for such a guarantee. Musco Sports Lighting LLC By: %, Travelers Cual aZip, of America By: Dean M. Clark, Attorney -in -Fact Travelers Casualty and Surety Company of America law Travelers Casualty and Surety Company j TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Dean M. Clark of Des Moines Iowa , their true and lawful Attomey-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. 1w tIM1�rFOf1. wKOrTFOgp f COrWAn COW, R CONN. State of Connecticut may/ By i'` _l<3 .r City of Hartford ss, Robert L. Raney. Se idr Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal e My Commission expires the 30th day of June, 2021 ManeC. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surely Company of America, Travelers Casualty and Surety Company, and St Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect. reading as follows RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President; any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seat bonds, reoognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED. that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vrce President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers. President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimite seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned. Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect, Dated this 11th day of February 2D20 �My{�y� 'a'�IT stip irwrraio, =� NMTgR�, � esaroiu+e Kevin E. Hughes,Asst, tacit Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above-named Attorney -in -Fact and the details of the bond to which the power is attached.