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R2020-242 2020-11-09 RESOLUTION NO. R2020-242 A Resolution of the City Council of the City of Pearland, Texas, authorizing the purchase of lighting equipment from Musco Sports Lighting, LLC, in the amount of $1,210,500.00 for the Shadow Creek Ranch Sports Complex (Phase II). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That contract pricing for lighting equipment has been obtained through interlocal cooperative partner, Texas Association of School Boards Buy Board for the purchase of lighting for the Shadow Creek Ranch Sports Complex. Section 2. That the City Manager or his designee is hereby authorized to participate in an interlocal cooperative pricing arrangement with the Texas Association of School Boards Buy Board for the purchase of lighting, in the amount of $1,210,500.00, from Musco Sports Lighting, LLC. PASSED, APPROVED and ADOPTED this the 9th day of November, A.D., 2020. TOM REID MAYOR ATTES C AL RO N, TRMC, CMC �•�� : '':•f '.� CITY SECRETARY APPROVED AS TO FORM: :; / 4 ,,,,,, ,,,,,,,, DARRIN M. COKER CITY ATTORNEY �\ ^ ' Cityof Pearland PEARLAND 3519 Liberty Drive s, , , 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: Musco Sports Lighting. LLC 100 1st Avenue West Oskaloosa, IA 52577 Description of Services: Contractor will provide all light pole materials, delivery, and installation of cricket fields, T-ball field, Baseball field and parking lot lighting at Shadow Creek Ranch Sports Complex, for the City of Pearland, as needed, per the specifications provided in contractors Buy Board #592-19 quote. Contract Type: Unit Price Contract, Estimated Amount of$1,210,500.00. Effective Date: 11/10/20 Termination Date: 09/30/2021 Renewal: No renewal options available, upon the mutual agreement of both parties. II. Signatures. By signing below, the parties agree to the terms of this Contract: CITY OF PEARLAND: CONT ] TO� get/Pur sing Manager Date Title: Secr:l`:,•, Date: November 9. 2020 *Sig, b D te: ri 4/r, 'Z a-"a City M ager 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 7 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 response to Shadow Creek Phase 2 Cricket Pitch & Baseball quote 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). 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 delivery of light poles and fixtures to job site and Pole in air installation at the Shadow Creek Ranch Sports Complex location for the City of Pearland. Pricing is as reflected on attached quote. Quote Project:Shadow Creek Phase 2 Cricket Pitch& Baseball Pearland,TX Musco Ref:175006 Date:09/29/2020 BuyBoard Master Project:196290,Contract Number:592-19,Expiration:09/30/2021 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 Pole in Air Installation (2)Soccer Fields& Cricket Pitch—Soccer Fields:360'x 225'& Cricket:450'x 450' $765,000 (1) T-ball Field—130'x 130'x 130' $74,500 Parking Lot- $99,500 (1)Baseball Field-301'x 332'x 301' $271,500 Sales tax and bonding and unloading of the equipment are 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 LED""technology Guaranteed Lighting Performance • Guaranteed light levels and uniformity. • BallTracker'""technology—targeted light,optimizing visibility of the ball in play with no glare in the players typical line-of-sight. System Description • Pre-cast concrete bases with integrated lightning grounding. • Galvanized steel poles. • Retrofit existing two(A)poles on the Baseball field. • Factory wired and tested remote electrical component enclosures. • Pole length,factory assembled wire harnesses. • Factory wired pole top luminaire assemblies. • Factory aimed and assembled luminaires,including BallTracker'luminaires. • (2)Factory aimed and assembled pole color accent luminaires(For T-ball field). • Spill light and off-site glare light minimized. • UL Listed assemblies. Control Systems and Services • 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.(For Soccer,Cricket,and Baseball Field) • Control-Link•Control and Monitoring system with Show-Light'"entertainment package to provide(6)pre- programmed theatrical shows,onsite dimming,and custom color accent lighting control.(For T-Ball Field) Operation and Warranty Services • Reduction of energy and maintenance costs by 40%to 85%over typical 1500W metal halide equipment. • Product assurance and warranty program that covers materials and onsite labor,eliminating 100%of your maintenance costs for 25 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. Supplemental Lighting(Parking Lot) • OSQ area luminaires. • 30'height square steel pole with base plate. 02016,2020 Musco Sports Lighting,LLC -1- M-2169-enUS-8 Quote • 10-year materials and onsite labor warranty on supplemental lighting. 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. • Structural code and wind speed=2015 IBC, 115 mph, Exposure C. • Owner is responsible for getting electrical power to the site, coordination with the utility,and any power company fees. • Includes supply and pole in air installation of Musco system by a licensed contractor. • Standard soil conditions—rock,bottomless,wet or unsuitable soil may require additional engineering,special installation methods and additional cost. • Confirmation of pole locations prior to production. Thank you for considering Musco for your lighting needs. Please contact me with any questions or if you need additional details. Sam Yaeger Field Sales Representative Musco Sports Lighting, LLC Phone: 832-945-4398 E-mail: Sam.Yaeger@musco.com m or ©2016,2020 Musco Sports Lighting,LLC -2- M-2169-enUS-8 Quote Shadow Creek Phase 2 Pearland,TX Pole in the Air Scope of Work Customer/Electrical Contractor Responsibilities General: 1. Complete access to the site for construction utilizing 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. Locate and mark field boundary lines per Musco supplied layout. (i.e. home plate, center of FB field) 4. Pay for extra costs associated with foundation excavation in non-standard soils(rock, caliche, high water table,collapsing holes, etc.)or soils not defined in geo-technical report. Standard soils are defined as soils that can be excavated using standard earth auguring equipment. 5. Pay any power company fees and requirements. 6. Provide area on site for disposal of spoils from foundation excavation unless it has been predetermined the Musco subcontractor will haul spoils off site. 7. Pay all permitting fees and obtain the required electrical permitting. Electrical: 1. Provide materials and equipment to install new electrical service panels as required. 2. Provide materials and equipment to install all underground conduit, wiring, pull boxes,etc. and terminate wiring as required. 3. Provide as-built drawings upon completion of installation, (if required). Control System: 1. Provide labor, equipment, and materials to install Musco Control and Monitoring cabinet(s) and terminate all necessary wiring. 2. Provide a dedicated 120 V 20 A control circuit. 3. Provide a dedicated 20 A breaker connected to all available phases for powerline communication. 4. Check all Zones to make sure they work in both auto and manual mode. 5. Commission Control-Link® by contacting Control-Link CentralTM at 877-347-3319. Show-LightTM Entertainment Package(for T-ball): 1. Provide labor, equipment, and materials to install Musco Control and Monitoring cabinet(s), Communication cabinet, and terminate all necessary wiring. 2. Provide a dedicated 120 V 20 A controls circuit or a step-down transformer for 120 V control circuit if not available. 3. Provide a dedicated 20 A breaker connected to all available phases for powerline communication. 4. Provide 24 AWG twisted wire pair cable. Recommended Belden 7937A or equal. Cable should be underground rated (working distance 1,500 ft(457 m)). 5. Cable is terminated on surge protection device in both Communication cabinet and Control and Monitoring cabinet. Drain wire is landed at surge device on Control and Monitoring cabinet. Communication cabinet requires earth ground. 6. Plug provided ethernet cable into port on the side of Communication cabinet and bottom of touch screen. 7. Connect provided touch screen power supply. Requires 120 V outlet. 0000 musco. C22016,2020 Musco Sports Lighting,LLC -3- M-2169-enUS-8 Quote 8. Check all zones to make sure they work in both auto and manual mode. 9. Commission Control-Link® by contacting Control Link CentralTM at 877-347-3319. Musco Responsibilities: 1. Provide required foundations, poles, electrical enclosures, wire harnesses,fixtures, and control cabinets. 2. Provide layout of pole locations and aiming diagram. 3. Provide Project Management as required. 4. Provide stamped foundation designs based on soils defined in the geotechnical report. 5. Assist our installing subcontractor and ensure our responsibilities are satisfied. Musco Subcontractor Responsibilities General: 1. Obtain structural permit, if required. 2. Provide labor, equipment,and materials to off load equipment at jobsite per scheduled delivery. Control and Monitoring cabinets will need to be given to on-site customer representative. 3. Provide storage containers for materials(including electrical components enclosures) as needed. 4. Provide necessary waste disposal and daily cleanup. 5. Provide adequate security to protect Musco delivered products from theft,vandalism, or damage during the installation. 6. Keep all heavy equipment off playing fields when possible. Repair damage to 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. Confirm the existing underground utilities and irrigation systems have been located and are clearly marked in order to avoid damage from construction equipment. Repair any such damage during construction. 8. Commence installation upon delivery and proceed without interruption until complete. Notify Musco immediately of any breaks in schedule or delays. Foundations, Poles,and Luminaires: 1. Mark and confirm pole locations per the aiming drawing provided. If there are any issues, immediately notify your Musco Project Manager. 2. Provide labor, materials, and equipment to install (14) LSS foundations for the athletic field lighting and (12) base plate foundations for the parking lot lighting as specified on Layout and per the stamped foundation drawings, if applicable. 3. Remove spoils to owner designated location at jobsite. 4. Provide labor, materials,and equipment to assemble Musco TLC-LED fixtures, electrical enclosures, poles, and pole harnesses. 5. Provide labor, equipment, and materials to erect dressed (14) LSS Poles and aim utilizing the pole alignment beam for the athletic fields. Provide labor,equipment, and materials to erect dressed (12) Soft Square Poles for the parking lot. 0000 musco. 02016,2020 Musco Sports Lighting,LLC -4- M-2169-enUS-8 • CITYOF PEAFLAND PERFORMANCE BOND Section 00610 BOND # 107330282 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS: That Musco Sports Lighting, LLC of the City of O s k a l o o s a, County of M a h ask a a , and State of Iowa as principal, aid Travelers Casualty and Surety Company of America arthorized under the laws of the State of Texas to act as surety on bonds for principals, ae held aid firmly bound unto City of Peal ail as Obligee (Owner), in the penal sire of $ 1,210,500.00 for the payment whereof, the said Principal aid &irdy hind themselves, aid their heirs, admi ristrators, executors; arc s9ors, and assigns, jointly aid several ly, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as of the 9th day of November, 2020 , (the "Contract") to commence and complete the construction of certain improvements descri bed as follows: Shadow Creek Ranch Park Phase 2 Shadow Creek Phase 2 Cricket Pitch&Baseball Musco Project #175006 City of Pearland, Texas COP PN: PI{2001 BI D NO.: 0820-53 which Contract, i nd udi ng the Contract Documents as defined therein, is hereby referred to and made a part hereof as fully aid to the sane extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the sad Principal shall faithfully perform sad Contract Work aid shall in all respells duly aid faithfully observe and perform al aid singular the covenants, conditions, and agreements in aid by said Contract agreed and cavetaited by the Pri nci pal to be observed and performed, and according to the true intent aid meaning of sad Contract and Contract Documents, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is ececuted pursuant to the provisions of Chapter 2253 of the Texas Goverr,r eit Code as ariernde i aid al I iabi I ities on this bond dial be determined ned in a000rda ce with the provisions of sad Statute to the sane edent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, edenson of time alteration or addition to the terms of the contract, or to the Work performed thereunder, or the plans, specifications, or drawings azu ripe nyi ng the sane, shall in any way affect its obligation on this bond, and it does hereby wave notice of any such chaige, extension of time, alteration or addition to the tams of the Contract, or to the Work to be performed thereunder. 12/2007 00610- 1 of 2 CI TY OF PEAFLAND PERFORMANCE BOND SEE LIMITED MAINTENANCE PROVISION RIDER ATTACHED HERETO AND MADE A PART HEREOF IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 9th day of November ,20 20. Principal: Surety: Musco Sports Li ' g, LLC Travelers Casualty and Surety Company of America Title. James M. Hansen, Secretary Title: Dean M. Clark, Attorn -in-Fact Licensed I X Agent Address: Address: 100 1st Avenue, West One Tower Square 2SHS Oskaloosa,IA 52577 Hartford,CT 06183 Telephone: (641)67340411 Telephone: 515-243-1724 Fax: (641)673-4852 Fax: 515-243-6664 NOTICE:THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTM ENT OF I NSURANCE BY CALLING ITS TOLL-FREE TELEPHONE NUMBER; 1-800-252-3439. END OF SECTION 12/2007 00610-2 of 2 CITY OF PEARLAND PAYM ENT BOND Section 00611 PAYM ENT BOND BOND # 107330282 STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS That Musco Sports Lighting, LLC of the City Oskaloosa of Iowa County Mahaska , and State of Iowa, as principal, and Travelers Casualty and Surety Company of America arthoriaed under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Pearland as Obligee (Owner), in the penal am of $1,210,500.00 for the payment whereof, the sad Principal and Surety hind themselves, and their heirs, admi ni straors, Executors, aUooessors, aid assigns, ja ntly and severally, by these presents WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as of the 9th_day of November, 2020 described as(the"Contrail") to cornntence and complete the construction of oertan follows improvements Shadow Creek� Ranch Park Phase 2 Sha-dowVrefeepki e#2 e Pitch&Baseball City of Pearland, Texas COP PN: PK200I BI D NO.: 0820-53 which Contraa, i nd udi ng the Contrail Documents as defined therein, is hereby referred to aid made a pat hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal dial pay di d amants supplying labor or material to him or a subcontractor in the prosecution of the Work provided for in sad Contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chime 7253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of sad Statute to the sane extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, ecte nson of time, alteration or addition to the terms of the contrail, or to the Work performed thereunder, or the plans, specifications, or drawings wax-ma-lying the sane, shall in any way affect its obligation on this bond, and it does hereby wave notice of any such change, extension of time, alteration or addition to the terns of the Contract, or to the Work to be performed thereunder. 07/2006 00611 - 1 of 2 CI TYOF PEAR LAND PAYM ENT BOND SEE LIMITED MAINTENANCE PROVISION RIDER ATTACHED HERETO AND MADE A PART HEREOF IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 9th day If November 2020 . Principal: Surety: Musco Sports Li m LLC Travelers Casualty and Surety Company of America By: ,��� . � (' �/ Title: James M. Hansen, Secretary Title: Dean M. Clark Attorn -in-Fact TX Licensed Agent Address: Address: 100 1st Avenue, West One Tower Square 2SHS Oskaloosa,IA 52577 Hartford, CT 06183 Telephone: (641)6734411 Telephone: 515-243-1724 Fax: (641)673-4852 Fax: 515-243-6664 NOTICE:THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTI CE OF CLAIM SHOULD BE SENT MAYBE OBTAI NED FROM THE TEXAS DEPARTM ENT OF INSURANCE BY CALLING ITS TOLL-FREE TELEPHONE NUM BER; 1-800-2522-3439. END OF SECTION 07/2006 00611 -2 of 2 CI TY OF PEAR AND ONE-YEAR MAINTENANCE BOND Section 00612 BOND # 107330282 ONE-YEAR MAINTENANCE BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS That Musco Sports Lighting, LLC of the City of Oskaloosa, County of Mahaska , aid State of Iowa as principal, aid Travelers Casualty and Surety Company of America authorized under the laws of the State of Texas to act as surety on bonds for principals, ae held ad firmly bound unto City of Pealaid as Obligee (Owner), in the penal sum of $ 1,210,500.00 for the payment whereof, the sad P rind pal aid Surety bind theriselves, aid their hers, administrators, executors, successors, aid assigns, jointly aid severally, by these presents WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as of the_9th_ day of November, 20 20 , (the "Contract") to cormyerice and complete the construction of certan improvements described as follows Shadow Creek Ranch Park Phase 2 Shadow Creek Phase 2 Cricket Pitch&Baseball—Musco Project#175006 City of Pearland, Texas COP PN: PK2001 BI D NO.: 0820-53 which Contract is hereby referred to aid male a pat hereof as fully aid to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall fathfully correct ell such work not in accordance with the Contract Doamients discovered within the one-year period from the date of arbstaitia completion, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as anended aid all liabilities on this bond shall be determined in a000rdarice with the provisions of sad Statute to the sane extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change; ectension of time, alteration or addition to the terms of the contract, or to the work performed theretnider, or the plais, specific ions, or drawings accompaiying the sane, shAI in any way affect its obligation on this bond, aid it does hereby wave notice of any such change e''ctension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. 07/2006 00612- 1 of 2 • CITY OFPEA .AND ONE-YEAR MAINTENANCE BOND SEE LIMED MAINTENANCE PROVISION RIDER ATTACHED HERETO AND MADE A PART HEREOF IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 9th day of November ,2020 Principal: Surety: Musco Sports Li hting, LLC Travelers Casualty and Surety Company of America By: (BY Title: James M. Hansen, Secretary Title Dean M. Clark, Attorne -in-Fact TX Licensed Agent Address: Address: 100 1st Avenue, West One Tower Square 2SHS Oskaloosa, IA 52577 Hartford,CT 06183 Telephone: (641)673-0411 Telephone 515-243-1724 Fax: (641)673-4852 Fax: 515-243-6664 NOTICE:THE ADDRESS OF THE SURETY COM PANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTM ENT OF I NSURANCE BY CALLING ITS TOLL-FREE TELEPHONE NUM BER; 1-800-252-3439. END OF SECTION Limited Maintenance Provision Rider To be attached to and form part of bond no. 107330282 issued by the Travelers Casualty and Surety Company of America on behalf of Musco Sports Lighting LLC in the amount One Million Two Hundred Ten Thousand Five Hundred and No/100ths---Dollars ($1,210,500.00) and dated November 9th,2020 in favor of City of Pearland for Shadow Creek Phase 2-Shadow Creek Phase 2 Cricket Pitch&Baseball Musco Project #175006 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:9>A0 ----e , Travel Casualty and Surety Company of America / 1/ 0 a,-e Dean M.Clakrk,Attorney-in-Faict Licensed Texas Agent , Travelers Casualty and Surety Company of America .IOW Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine I nsurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of Amenca,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. .4enotte, 04, Oumerk State of Connecticut / ,� i��` By: i �`_ � `, . City of Hartford ss. Robert L.Raney,Sehior 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. 4M My Commission expires the 30th day of June, 2021 se. A>tMA0uaJ # + Mane C. Tetreault,Notary Public This Power of Attomey is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President,the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance. or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or(b) duly executed (under seal, if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President, any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or 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 facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this 9th day of November , 2020 os, 404. +„.,.o v►r!aE (el . yam-• f Kevin E. Hughes,Assistant 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.