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HomeMy WebLinkAboutC2010-104 - 1/12/2010 - Approved2010-104 M2010-012 01/12/10 Musco Sports Lighting CONTRACTS AND BONDS FOR GREENWOOD SOFTBALL COMPLEX RENOVATION PHASE II t 7~~XAS BUY BOARD CO NTRACT PROJECT NO. E10005 ENGINEERING SERVICES LARGE CONSTRUCTION CONTRACT A G R E E M E N T THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 12TH day of JANUARY, 2010, by and between the CITY OF CORPUS CHRISTI of the County of Nueces, State of Texas, acting through its duly authorized City Manager, termed in the Contract Documents as "City," and Musco Sports Lighting, LLC termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $601,800.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: GREENWOOD SOFTBALL COMPLEX RENOVATION PHASE 11 TEXAS BUY BOARD CONTRACT PROJECT NO. E10005 (TOTAL BASE BID: $601,800.00) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Agreement Page 1 of 2 The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 120 CALI3NDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. ATTEST: City ecretary CITY OF ORPUS CHRI~ By . .~- Juan Pera s, Jr.,P.E. Assistant City Manager Engineering/Development Services APPRO D AS l TO LE FO~/' ~j B y : ~y1 y(i~~~. Asst. City Attorney T Corporation) ( eal ) (Note: If Person signing for corporation is not President, attach copy of authorization to sign) °~~ ~ © - ~ « At1THORiIED B~ GOtiNC~~._..~.~12 l0 M....~sY.~~w~~ SECRETARY IOb By: ~.~ Pete Anaya, P.E. Director of Engineering Services CONTRACTOR Musao S its Li ht' LLC By: ~ Tit e: Vice President 100 1sT AVE W (Address) OSKALOOSA, IA 52577 (City) (State)(ZIP) 641/673-0411 * 866/930-6190 (Phone) (Fax) Corporate: 1001st Ave West PO Box 808 Oskaloosa, IA 52577 Manufacturing: 2107 Stewart Roatl ~ PO Box 260 ~ Muscatine, IA 52761 g January 11, 2010 TO: Gabriel Maldonado FROM: Tim Oordt RE: Pricing breakout for Greenwood Sports Complex Greenwood Sports Complex -Pricing 641/673-0411 800/825-6020 ~ Fax: 641/673-4852 563/263-2281 ~ 800!756-1205 ~ Fax: 800/374-6402 Web: www.musco.com ~ Email: lighting~musco.com Materials cost per the Texas Buy Board (iBC 90 MPH) $355,108 Adder for wind speed difference of 120 MPH (all 16 poles). $78,655 Additional fixtures/ pole heights for football overlays in 2 of the 4 outifelds $8,000 Security lighting $4,000 Upgrade of pole structures to accept netting $8,000 Installation $129,814 Bonding, Structural Engineering, Windstorm Certification, project management $18,223 Total $601,800.00 Lighting ... We Make It Happen. Corpus Christi Lighting Improvements Quote/Technical Specifications Date: December 29, 2009 Submitted To: City of Corpus Christi Buy Board Quote This Scope/Technical Specification represents the agreement between Musco Sports Lighting, LLC. ("Contractor") and City of Corpus Christi ("C.C:") for the design, procurement and installation of ball field lighting at Greenwood Sports Complex. "CONTRACTOR" shall provide and install the improvements on a pole in the air basis for the lump sum price as defined below. The terms of the agreement are as follows: 1. "CONTRACTOR" is approved by the Texas State Purchasing Cooperative (BuyBoard), under BuyBoard Agreement #269-07, Vendor ID#528, and has met all the competitive bidding requirements as listed under State Law. 2. As per the contract requirements from the City of Corpus Christi, we wiIl comply with all stipulations in the special and general provisions. 3. The scope of work shall be as defined in the proposal. This CONTRACT includes the following as well as the attached full scope of work: a. Installation and per drawings -including unloading and pole assembly/standing of new equipment. Includes electrical and running of branch circuits. Please see the attached scope of work b. Supply and install lighting contactor cabinets with control and monitoring assemblies in the electrical room. c. Foundation designs d. Pricing furnished is effective through 2/1110 unless otherwise noted and is considered confidential. Divulging technical or pricing information to competitive vendors will result in removal from the bid list. e. Material audit of all fixtures. f. All necessary materials. g. Installation labor. Musco Sports Lighting, LLC Page 1 of 5 h. Supervision. i. Clean-up and test. j. Liability and Workmen's Compensation Insurance and Davis Bacon Wages. k. Davis and Bacon Wage Determinations will be applied. 1. Service after the installation to ensure the upgrade operates according specifications. 4. "CONTRACTOR" Warranties for "New Light and Ballast Fixtures" are: a. Installation workmanship 1 Yeaz b. Lamps & Ballast 25 Years or 10,000 hours per warranty 5. "CONTRACTOR" shall conduct apre-installation meeting with "C.C.'s" Representatives prior to the start of installation. All aspects of the project shall be documented, including contracts, reporting, installation schedules, security procedures, waste disposal and equipment. 6. "CONTRACTOR" will be responsible for security of storage azea for material and tools. 7. "CONTRACTOR" will follow all local, state, federal codes. In addition, the contractor will follow NEC and ASTM's applicable for all work. 8. Any work change orders (additions or subtractions) to the CONTRACT and/or work schedules are to be submitted in writing and approved by the "C.C.'s" Engineering Department and "CONTRACTOR". This is beyond any scope of work already addressed. 9. "CONTRACTOR" AND "C.C." shall conduct a facility inspection upon completion of each field. A Notice of Acceptance shall be authorized by the "C.C." upon approval of the completed fields. 10. The payment due to "CONTRACTOR" under this CONTRACT AGREEMENT is $601,800 11. Request Payment Terms of Net 30 days from date of invoice for monthly progress payments. a. Late payment will be subject to service charges of 1 1/s% per month (18% APR) b. Musco will coordinate shipment so that delivery corresponds with the customer's payment schedule. We will expect payment within the terms described above unless there is a written statement from Musco's corporate headquarters stating the acceptance of different terms. c. Delivery to the job site from the time of order, submittal, approval, and confumation of order details including voltage and phase, pole locations is approximately 30-45 days. 12. Work Schedule: "CONTRACTOR" shall commence work within 10 days from the written Notice to Proceed. The "CONTRACTOR" will have complete access to all fields for 120 calendaz days. Therefore, the "CONTRACTOR" will complete installation work on all baseball and kickball fields within 30 days of the notice to proceed date. If the total time of 120 days or the 14 calendar days per Musco Sports Lighting, LLC Page 2 of 5 field after this time frame, there are liquidated damages per the special provisions. These timeframes are contingent based on weather conditions. 13. If any dispute regarding the project occurs, The "C.C." has final authority on resolution with regards to payments and suspension of work. I4. Here is what the "C.C." can expect: a. Energy savings of more than 50% over a standard lighting system b. 50% less spill and glare light than Musco's prior industry leading technology c. Musco Constant 25TM warranty and maintenance program that eliminates 100% of your maintenance costs for 25 years, including labor and materials d. Guaranteed constant light level of 50 foot-candles infield/30 foot-candles outfield on all ball fields for 25 years, +/- 10% per IESNA RP-06-O1 e. One (1) group re-lamp at the end of the lamps' rated life, 5000 hours f. Control Link® Control & Monitoring System for flexible control and solid management of your lighting system g. Lighting Contactors sized for appropriate voltage/phasing available at field sites h. All Agreements are contingent upon strikes or delays beyond "CONTRACTOR" control. Musco Sports Lighting, LLC Page 3 of S Site Spermcations Equipment Description -Greenwood Sports Complex Fields (4 total) Light-Structure GreenTM System delivered to your site in Five Easy PiecesTM • 16 -Pre-cast concrete bases • 16 -Galvanized steel poles • iJL Listed remote electrical component enclosure • Pole length wire harness • 128 -Factory-aimed and assembled luminaries with 1500-watt metal halide lamps • 8 -Factory-aimed and assembled luminaries with 400-watt metal halide lamps for security Contact Information: Tim Oordt Sales Representative Musco Sports Lighting, LLC 109 South Harris Street, Suite 200 Round Rock, TX 78664 Phone: 866/786-1841, ext. 6343 E-mail: tim.oordt@musco.com Fax: 866/786-1842 Cell: 512/658-6884 Musco Sports Lighting, LLC Page 4 of 5 SCOPE OF WORK Owner Responsibilities: 1. Complete access to the site for construction using standard 2 wheel drive rubber tire equipment. 2. Locate existing underground utilities and irrigation systems. 3. Pay for extra costs associated with foundation excavation in non-standard soils (rock, caliche, high water table, collapsing holes, etc.}. Standard soils are defined as soils that can be excavated using standard earth auguring equipment. Musco Responsibilities: 1. Provide required poles, fixtures, and foundations. 2. Provide layout of pole locations and aiming diagram. 3. Provide Project Management assistance as needed. 4. Provide s#ructural designs per city furnished soils report. 5. Provide review of electrical design as provided by Electrical Contractor. Musco Subcontractor Responsibilities: 1. Provide equipment and materials to off load equipment at jobsite per scheduled delivery. 2. Provide storage containers for material as necessary and dumpsters for waste disposal. 3. Provide adequate security to protect Musco delivered products from theft, vandalism or damage during the installation. 4. Provide required electrical permits. 5. Provide materials and equipment to install new electrical service from new panel "MDP" (existing breakers under phase 1) to new Panels "HA" & "HB" furnished and installed under this contract. Furnish 2 - 200a/480v/3p/3w/42circuit panels "HR" & "HB" including conduits with wire to new panel locations in existing electrical room above existing load gutters. 6. Furnish and install 1 - 480v1120v transformer with breaker from panel "HA~ for controls. 7. Provide materials and equipment to re-use and/or install all underground conduit, wiring, pull boxes etc. and terminate wiring as required from existing pole locations to new Musco provided pole locations. 8. Provide {2) Lithonia # 1705-1000M-HPN-480-EWB-DF-HRBW fixtures and mount on Musco furnished brackets @ C6 pole location. 9. Provide power and control circuit to each scoreboard (total of 4}. 10. Confirm the existing underground utilities and irrigation systems have been located arxi are clearly marked so as to avoid damage from construction equipment. Repair any such damage during construction. 11. Provide materials and equipment to install {16) LSS #oundations as specified on Layout. 12. Provide and install ground rods {one per pole location) for lightning protection per NFPA 780 Code. Poles 70' and below require a #2 ground wire. Ground rods to be 3/4"x 10' or 5/8"x 10' with a 10' embedment. Ground rods must be installed in soil, not in the concrete backfili. 13. Remove spoils to owner designated location at jobsite. 14. Provide materials and equipment to assemble (132) LSG fixtures and terminate all necessary wiring. 15. Provide equipment and materials to assemble and erect (10 - 60' & 6 - 70') LSS Poles. 16. Provide equipment and materials to ins#all (3) new Lighting Contactor Cabinets and terminate all necessary wiring. 17. Contractor will commission Control Link by contacting Control Link Central at (877-347-3319) and going through the following steps: 18. Check all Zones to make sure they work in both auto and manual mode. 19. 1 hour comprehensive burn of all lights on each zone. 20. Set base line for the DAS {Diagnostic Acquisition System) 21. Keep all heavy equipment off of 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. 22. Provide startup and aiming as required to provide complete and operating sports lighting system. 23. Demo and remove from site {24) wood poles and associated light fixtures. Musco Sports Lighting, I.LC Page 5 of 5 P A Y M E N T B O N D STATE OF TEXAS § COUNTY OF NiJECES § KNOW ALL BY THESE PRESENTS: THAT Musco Sports Lighting, LLC of r~iHASKA County, Iowa, hereinafter called "Principal", and , a corporation organized under the laws of the State of , and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", and unto all persons, firms and corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of SIX HUNDRED ONE THOUSAND, EIGHT HUNDRED AND NO/100($601,800.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH TEAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 12TH day JANUARY 20 10 , a copy of which is hereto attached and made a part hereof, for the construction of: GREENWOOD SOFTBALL COMPLEX RENOVATION PHASE 11 TEXAS BUY BOARD CONTRACT PROJECT NO. E10005 (TOTAL BASE BID: $601,800.00) NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The terms "Claimant", "Labor" and "Material", as used herein are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the da o f _ ___ 2 0 Y PRINCIPAL By: (Print Name & Title) ATTEST (Print Name & Title) SURETY By: Attorney-in-fact (Print Name) The Resident Agent of the Surety in Nueces County, Texas, for delivery of notice and service of pxocess is: Agency: Contact Person: Address Phone Number: (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3/08) Payment Bond Page 2 of 2 P E R F O R M A N C E B O N D STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: THAT Musco Sports Lighting, LLC of MAHASRA County, Iowa, hereinafter called "Principal", and a corporation organized under the laws of the State of , and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", in the penal sum of SIX HUNDRED ONE THOUSAND, EIGHT HUNDRED AND NO/100($601,800.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 12TH of JANUARY 20 10 a copy of which is hereto attached and made a part hereof, for the construction of: GREENWOOD SOFTBALL COMPLEX RENOVATION PHASE 11 TEXAS BUY BOARD CONTRACT PROJECT NO. E10005 (TOTAL BASE BID: $601,800.00) NOW, THEREFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and/or replace all defects due to faulty materials and/or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Performance Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the - day of 20 PRINCIPAL By: (Print Name & Title) ATTEST (Print Name & Title) SURETY By: Attorney-in-fact (Print Name) The Resident Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process is: Agency: Contact Person: Address: Phone Number: (NOTE: Date of Performance Bond must not be prior to date of contract)(Revised 3/08) Performance Bond Page 2 of 2 •• ~ City of Corpus Chnsti ~~r CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Carpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. tf the question is not applicable, answer with "N!A". FIRM NAME: Musco Saorts Lichtinc. LLC STREET: 1001~`Avenue West CITY: Oskaloosa lA ZIP: 52577 FIRM is: 1. Corporation 2. Partnership 3. Sole Owner 4. Association 5.Other _Limited Liability Company / DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each employee of the City of Corpus Christi having an ownership interest constituting 3°~ or more of the ownership in the above named firm. Name Job Title and Cily Department (If known) NIA Z. State the names of each official of the City of Corpus Christi having an ownership interest constituting 3°k or more of the ownership in the above named firm. Name Title NIA 3. State the names of each board member of the City of Corpus Christi having an ownership interest constituting 3% or more of the ownership in the above named firm. Name Board, Commission or Committee N!A 4. State the names of each employee or officer of a consultant for the City of Carpus Christi who worked on any matter related to the subject of this contract and has an ownership interest constituting 3°~ or more of the ownership in the above named firm. Name Consultant NIA CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certffying Person: James M. Hansetl~~ Title: Secretary ~'('i ype or irrfn~f Signature of Certifying Pers n: !/I l/l /l /` Date:_12/17/09 EXHIBIT "C" Page 1 of 2 P E R F O R M A N C E B O N D STATE OF TEXAS § COUNTY OF NIJECLS § Bond 105369413 KNOW ALL HY THESE PRESENTS: THAT Musco Sports Lightincr~ I.LC of MAHA3KA County, Iowa, hereinafter called "Principal", and Travelers Casualty and Surety Company of America a corporation organized under the laws of the State of Connecticut , and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", in the penal sum of SIX IiUNDRED ONE THOUSAND, EIGHT HUNDRED AND NO/100($6fl1,800.Ofl} DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS 0~8LZGATIQN IS SUCK THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 12TH of JANUARY , 20 10 , a copy of which is hereto attached and made a part hereof, for the construction of: GREENWOOD SOFTBALL COMPLEX RENOVATION PHASE 11 TEXAS BUY BOARD CONTRACT PROJECT NO. E10flfl5 ~TOTAy SASE sra: ~sa~,sao.ao~ NOW, THEREFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and/or replace all defects due to faulty materials and/or workmanship that appear within a period of one (l} year frown the date of completion and acceptance of improvements by the City, then this obligation shall be voids otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this band, venue shall lie in Nueces County, Texas. Arid that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, ar to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder, Performance Bond Pagelo~2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Kesident a.n Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. ?.19~~., Vernon's Texas Insurance Code. SEE LIMITED MAINTENANCE PROVISION RIDER ATTACHED HERETO AND MADE A PART HEREOF IN WITNESS WHEREOF, this instrument is executed in 9 copies, each one of which sha11 be deemed an original, this the 4th day of February , 2010 PRINGIPAL LLC BY • ~, e ,~ Christopher K. yla d, VP (Print Name & T'tle} ATTEST ., ~ 1 ~ _ Douglas W. Yates, VP { Pra.nt Name & Title } ~ ..._._..._.__.._ SiJAETY Travelers Casualty and Surety Company of America e; By: _ }* Attorney-a.n-fact Dean M. Clark, Attorney-in-Fact {Print Name} ~[`he Resident Age~et of the Surety 3n Nueces County, Texas, for delivery of notice and sererice of process is : ~~- Agency; Borden Insurance CosstaCt Person: Debbie Johnson Address : P.O. Box 1066 Corpus Christi, TX 78403 _ P$One Number: ~R1-FGA-17f7 (NOTE: Dace of Performance Bond mast not be prior to date of contract)(Revised 3/48) Performance Bond Page 2 of 2 P A Y M E N T B O N D Bond 105369413 STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: THAT Muscs~ Sports Lighting, LLC of r~A,HASKA County, Iowa, hereinafter called "Principal", and Travelers Casualty and Surety Company of America a corporation organized under the laws of the State of Connecticut , and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", and unto all persons, firms and corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of SIX HUNDRED ONE THOUSAND, EIGHT HUNDRED AND NO~100($6D1T800.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas,~for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION TS SUCH TEAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 12TH day JANUARY 20 10 a copy of which is hereto attached and made a part hereof, for the construction of: GREEN4i<ODD SOFTBALL COMPLEX RENOVATION PHASE 11 T~Yn a B[7Y BpA>ptD CONTRACT PROJECT NO. E10005 (TOTAL BASE BID: $601,$00.00) NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full foxce and effect. - PROVIDED FURTHER. that if any legal action be filed upon this bond, venue shall lie~in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this band, and it does hereby waive notice of any such change, extension of time, alteration or addi.ii;ion to the terms of the contract, or to the work to be performed tnereunder. Payment Bond Page 1 vi 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The terms "Claimant", "Labor" and "Material", as used herein are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. '1.19-1, Vernon's Texas Insurance Code. TN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 4th day o f February , 2 010 PRTNCTPAL Musco Soorts By: Christopher H 1 nd, VP Tint Name & itle) ATTEST ~': _. ~__ Douglas W. Yates, VP Print Name & Title) SURETY Travelers,E~sualty and S}~ety C~tpany of Amerp Attorney-in-fact Dean M. Clark, Attorney-in-Fact , {Print Name) The Resident Age~et of the Surety is Nueces County, Texas; ~' for de.Is~esy of aotiae and service o:E process is Agency: Borden Insurance Contact Paxson: Debbie Johnson A~ess : P. O. Box 1066 Corpus Christi, TX 78403 Fhone Nu~atber: 361-693-1767 t10TE: Date of Payment Bond must not be prior to date of contract} {Revised 3/Ofl} Payment Bond Pagel otl Limited Maintenance Provision Rider To be attached to and form part of bond no. 105369413 issued by the Travelers Casualty and Surety Company of America on behalf of Musco Sports Lighting LLC in the amount Six Hundred One Thousand Ei¢ht Hundred and No/100ths ($601,800.00) and dated February 4, 2010 in favor of in favor of City of Corpus Christi for Greenwood Softball Complex Renovation Phase 11 Texas Buy Board Contract Project No. E10005 Principal 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: of America By= ,~ Dean M. Clark , OF ATTORNEY TRAVELERS J~ POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company Attorney-In Fact No. 218163 RED BORDER St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. ® G U U ~ ~ ~ 1 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guadian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America aze corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Dean M. Clark, Diane M. Vanderpool, Judy L. Gearhart, Sandra K. Bell, Rhonda S. Siberz, Stanley J. Reynolds, and John F. Pray, Jr. (Jack) of the City of 1=1gs 11,4Dings ,State of ~.:,~ ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, 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 Quaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in anv actions or p2ttceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to he signed and them corporate seals to be hereto affixed, this day of January 2007 Farmington Casualty Company Fidelity and Guarantyjsuratrce Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company 9th St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Z p~su ~ ~ Slk'i£jy. yF\RE 6^wy~ t`*N..~N9G ~ ..•""NS`~ ptY ANO .,y~n~~"N.~,~ ~}TYAryG ~'' _oPPO~ ~L )t r i O - ..9 ~'Ja .......... 9 •: eJ S t, SVA SA O J 4 P RPOR ~ f~`- c 9 ~ Fic, wCCBFORAT9) z ~co A>i:,m W,:oopPORATf`"i "~ 1 9~8 2~ O .927 < c~' ' I f : -•- • o : a NaRTFCRD, ~ -WRTFC~ cam' ~ ~ ~ ~ m ~: 'n' ~; 'ot W CCNN. n ~CCNN. )8 ~ t896 -. y a 1951 w ~ ~;SEAL;o! ;o:SBAL:'a ;~ o ~ ~< bey • AN+ .~ ~ ~~()# ~ ~•q`~ANCE GO `CIS •A1t'ta`11J V1 .. .:adL yb +p! lq... v9 r-9/ ~w. ~ State of Connecticut City of Hartford ss. By: Georg Thompson, enior ice President On this the 9th day of January 2007 before me personally appeazed George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guazanty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty 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. 3 G.T~~ In Witness Whereof, I hereunto set my hand and official seal. ~ My Commission expires the 30th day of June, 2011. ~'0lIBUp~ c~auu.` C . Made C. Tetreault, Notary Public 58440-5-07 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty 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, conn-acts 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 of 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 Secretazy, any Assistant Secretary, and the seal of the. Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile sealshall 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, Kori M. Johanson, the undersigned, Assistant Secretary, of Fazmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Mazine Insurance Company,_St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Sureh. C, ~mpany of`r\merica, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power aP An ~ ~ cry executed bv_ said Companies, which is in full force and effect and has not been revoked. L ~ IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals. of said Coiiihunies this day of _ ,,1~~~L-~s~ , 20~ 7 {d.J ~_ i/T~~G7 ' ~ " Kori M. Johans Assistant Secretary pASUa~ ~~Ntr SW~fTy yF1RE 6 \~,M ~R,rG ,,+jw NS~q 't JP~SY 4Mp9 iMOwAflY ~r~ ? ~~ r` ~ ~ 192 `~ ,~ Qo:.•~ ... ~ #JP~.......... 9{ ; p ° ~P~ ~`~ ~` i" '~#' ~ ~ C1 ~ ~aAPORATED h Z ~I~~RPORArF S~ %JWC:~'co"voanrE ~f ~ 9~ 11~ ~1O-, 0 19 8 2 o y 97] O < ~ ' ~^ E t f ¢ -_ . o z ~ wwrFORO, fNRtFCFID, ~+ 1898 ~ Z~`sn • D r 7+.SEAL,%o"i `~~:38AL3' 'm ~, c Wt9N. £ in q~ S 1951 s y ^+EC1~' a 9 'k '~s c~ u.~•.......:'D~f b~• .. ~aD 's a ~f ~y • ~N ~ ~OF ry~W~ gel;"cf ws 'r,M~ ~15..~° dl ~ ~Na a • ~!)AN~fi`~ To verify the authenticity of this Power of Attomey, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUTTHE RED BORDER TRAVELERSJ~ POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guazanty Insurance Company Fidelity and Guazanty Insurance Underwriters, Inc. Seaboadd Surety Company St. Paul Fire and Mazine Insurance Company St. Paul Guazdian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Attorney-In-Fact No. 218163 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaanty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guazanty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies") and that the Companies do hereby make, constitute and appoint Dean M. Clark, Diane M. Vanderpool, Judy L. Gearhart, Sandra K. Bell, Rhonda S. Siberz, Stanley J. Reynolds and John F. Pray, Jr. (Jack) of Des Moines, IA, their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, 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 170' day of February, 2010. Farmington Casualty Company Fidelity and Guazanty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Mazme Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United Mates Fidelity and Guaranty Company State of Minnesota County of Ramsey Eric M. Broich, Vice President, Bond & Financial Products On this the 17`h day of February, 2010, before me personally appeared Eric M. Broich, who acknowledged himself to be the Vice President, Bond & Financial Products of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guazdian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaanty Company, and that himself, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on bd~alf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. J~ My Commission expires the 31 st day of January, 2015 ~°"`"~~ Gloria S. Carlson, Notary Public Notry P1~bYC MbNN~pr ~* a~ zoos This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Travelers Casualty and Surety Company and Travelers Casualty and Surety Company of America, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company and United States Fidelity and Guaranty 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 Attomeys-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 Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, the undersigned, Vice President, Bond & Financial Products of Farmington Casualty Company, Fidelity and Guazanty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty 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 is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 17"' day of February, 2010. •~° Eric M. Broich, Vice President, Bond & Financial Products To verify the authenticity of this Power of Attomey, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attomey- In-Fact number, the above-named individuals and the details of the bond to which the power is attached. .d;.. .... ..n ... ..