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HomeMy WebLinkAboutC2010-111 - 2/16/2010 - Approved2010-111 M2010-034 02/16/10 Musco Sports Lighting CONTRACTS AND BONDS FOR SOUTH GOTH PARK BALL FIELD RELOCATION SPORTS FIELD LIGHTING PROJECT TEXAS BUY BOARD CONTRACT PROJECT NO. E10012 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 16TH day of FEBRUARY, 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 $887,500.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: SOUTH GUTH PARK BALL FIELD RELOCATION SPORTS FIELD LIGHTING PROJECT TEXAS BUY BOARD CONTRACT PROJECT NO. E10012 (TOTAL BASE BID: $887,500.00) 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. Corporate: 1001st Ave lAlesf PO Box 808 Oskaloosa, IA 52577 Manufacturing: 2107 Step^lart Road PO Box 260 ~ Muscatine: IA 52761 January 28, 2010 TO: Gabriel Maldonado FROM: Tim Oordt RE: Pricing breakout for South Guth Park South Guth Park - .Pricing Materials cost per the Texas Buy Board (IBC 90 MPH) OSO Kickball 1-4 Deduct:,Design variables and design parameters 4 Poles with 32 LSG Fixtures- ' OSO Baseball 1-5 Adder: Design criteria and wind speed 18 Poles with 108 LSG Fixtures- Little League 1-3 Adder: Design criteria and wind speed 10 poles with 54 LSG fixtures Corpus Christi Baseball Adder: Design criteria and wind speed 6 poles and 40 LSG fixtures Security lighting Pole in the air installation Bonding, Structural Engineering, project management Total 6411673-0411 800/825-6020 - Fax: 6411673-4852 5631263-2281 8001756-1205 Fax: 800/374-6402 Web: ~^.N~^:.musco.com Email: Iightingui2musco.com $199,936 (per 200' radius field pricing) - 105 541 $94,395 $334,744 27 596 $362,340 $149,952 33 359 $183,311 $118,030 12 970 $131,000 $9,000 $96,954 $10,500 $887,500 Lighting , . • We Make Et Happen r ~ x .f ~ A , ,~ r~zi 1~1(y'!L' C~us Christi Li~htinl? Improvements ~l-uote/Technical Specifications bate: December I6. X0()9 Submitted To: City of Corpus Christie Buy Board Quote This Scope/Technical Specification represents the a~reemeut between Ivlusco Sports Lighting. Lh,~. ("Contractor"} and City of Corpus Christi l"C.C: 'j~ for the design, procurementand installation of bali field lighting at South Guth Paris. "COI~~TRACTGR" shall provide and install the improvements on a pole in the air basis for the lump sum price as defined below. The terns of the agreement are as follows: ~. "CONTRACTOR" is approved by the Texas State Purchasing Cooperative (BuyBoard), tu~det` BuyBoard Agreement # 2b9-07, Vendor ID#528, and has net all the competitive bidding requirements as listed ender State Law. 2. Asper the contract requirements from the City of Corpus Christi, eve will comply with-all. stipulations in the special and ;zeneral provisions. ~. The scope of work shall be as defined in the prdposaL This CONTRACT includes the fc~lovving as well as the attached full scope of work: a. Installation and per drawings -including: unloading and pole assemblylstanding of netiv equipment. Electrical to the poles to be provided by others. b. Supply lighting contactor cabinets «~ith control and monitoring assemblies to the GC to install in the electrical roam. c. Foundation designs 'd. Pricing furnished is effective through U1/l0 unless ather~n~ise noted and is considered confidential. Divulging technical ar pricing ictfor~x~tion to competitive vendors Fvill rasult ice xamoval from the bid list. ~~ Material audit of all fixtures. f. All necessary materials. g. Installation labor. Muscn Sports Lighting, I.LC 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 area for material and tools. 7. "CONTRACTOR" will follow all local, state, federal codes. Irt 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 aze 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 AGR:EsEMENT is: a. OSO Kickball Fields, OSO Baseball Fields, National Little League Fields $751,000 b. Corpus Christi Baseball Field $136,500 ,. Lump Sum price $887,500 11. Request Payment Terms of Net 30 da s from date of invoice far monthly progress payments. a. Late payment will be subject service charges of 1 ii~i9'o 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 confirmation of order details including voltage and phase, pole locations is approximately 305 days. Mus~w Sports lighting. I.LC Page 2 of S 12. Work Schedule: "CONTRACTOR" shall commence work within 10 days from the written Notice to Proceed. The "CONTRAC"TOR" will have complete access to all fields for 30 calendar 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 30 days or the 14 calendar days per 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. 14. Here is what the "C.C." can expect: a. Energy savings of more than SO~Yo over a standard lighting system b. 509b less spill and glare light than Musco's prior industry leading technology c. Musco Constant ZST"' 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, and 30 foot-candles infie1d120 foot-candles outfield on the kickball fields for 25 years, +/-10~o per iESNA RP-06-01 e. One (1) group re-lamp at the end of the lamps' rated life, SOW 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. Musoa Sports lighting, [:I.C Page 3 of 5 Site Specifications Equipment Description - OSO Baseball l! fields (S total) Light-Structure Green'rM System delivered to your site in Five Easy PiecesTM • 1$ -Pre-cast concrete bases • 18 -Galvanized steel poles • iJL Listed remote electrical component enclosure • Pole length wire harness • 108 -Factory-aimed and assembled luminaries with 1500-watt metal halide lamps Equipment Description - OSO Kickball Melds (4 total) Light-Structure GreenTM System delivered to your site in Five Easy PiecesT"' • 4 -Pre-cast concrete bases • 4 -Galvanized steel poles • UL Listed remote electrical component enclosure • Pole length wire harness • 32 -Factory-aimed and assembled luminaries with 1500-watt metal halide lamps Equipment Description -National Little League Fields (3), City of Corpus Christi held (1) 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 • 94 -Factory-aimed and assembled luminaries with 1500-watt metal halide lamps Contact Information: Tim Oordt Sales Representative Musco Sports Lighting, LLC 109 South Harris Street, Suite 200 Round Rock, TX 78664 Phone: $66/786-1841, ext. 6343 E-mail: tim.oordt@musco.com Fax: 866/786-1842 Cell: 51?J658-6884 Musco Sports Lighting, LLC Page 4 of 5 SCOPE OF WORK Owner Responsibilities: 1. Complete access to the site for construction utilizing 2 wheel drive rubber tired equipment. 2. Locate existing underground utilities and irrigation systems. 3. Extra costs associated with foundation excavation in non-standard soils (rock, caliche, high water table, collapsing holes, etcJ. Standard soils are defined as soils that can be excavated using standard earth auguring equipment. 4. Electrical design & installation. , 5. Provide equipment and materials to install (5) new Lighting Contactor Cabinets and terminate all necessary wiring. Contactor cabinets will be delivered with poles and fixtures. 6. Contractor will commission Control Link by contacting Control Link Central at (877-347-3319) and going through the following steps: 7. Check all Zones to make sure they work in both auto and manual mode. 8. 1 hour comprehensive burn of all lights on each zone. 9. Set base line for the DAS (Diagnostic Acquisition System) 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 Texas stamped structural foundation designs. 5. Musco shall provide Performance and Payment Bonds in an amount equal to the total amount of bid. (Only if Required) Masco Subcontractor Responsibilities: 1. Provide equipment and materials to off load equipment at jobsite per scheduled delivery. Five (5) Musco Lighting Contactor Cabinets will need to be given to on-site electrical contractor. 2. Provide storage containers for equipment as needed and dumpsters for disposal of all packing cardboard and debris. 3. Provide adequate security to protect Musco delivered products from theft, vandalism or damage during the installation. 4. 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. 5. Provide materials and equipment to install (38) LSS foundations as specified on Layout. 6. Provide and install ground rods (one per pole location) for lightning protection per NFPA 780 Code and local building codes. Poles 75'or shorter should use a #2 copper conductor to the ground rod. Poles taller than 75' should use a #2I0 copper conductor. For standard clay soil, the ground rod must not be less than 5/8"x 10' long, driven vertically into the soil until point is 10' below grade. Ground rods must be installed in soil, not in the concrete backfill. 7. Remove spoils to owner designated location at jobsite. 8. Provide materials and equipment to assemble (234) LSG fixtures. 9. Provide equipment and materials to assemble and erect (38) LSS Poles. 10. 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. 11. Provide startup and aiming as required to provide complete and operating sports lighting system. Masco Sports lighting, I.GC Page S of S The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 120 CALENDAR 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 .Secretary CITY OF C RPUS CHR STI By: Juan Perales, r.,P.E. Assistant Cit Manager Engineering/Development Services APPROVED AS TO GAL FORM: By ~ ~" Asst. City Attorney ATTEST: (I rporation) (Se Be (Note: If Person signing for corporation is not President, attach copy of authorization to sign) ~D D-~,~.~:~uT~~ RY' COUNCIL ..~ I ~ l ~ ...~,~t':5.:5~:, SECRETARY }~~ B ~9t Y~ Pete Anaya, P.E. Director of Engineering Services CONTRACTOR Musco Title: LLC 100 1ST AVE tW`J (Address) OSKALOOSA, IA 52577 (City) (State)(ZIP) 641/673-0411 * 866/930-6190 (Phone) (Fax) P E R F p R M A N C E B O N D STATE OF TEXAS ~ COUN'T'Y OF NUECES ~ Bond Number: 105369421 KNOW ALL HY THESE PRESENTS: THAT Musco Sports h3.~hti.ng~ LLC of D~ASKA County, Iowa, hereinafter called "Principal", andTravelers Casualty and Surety Company of Ame~ic~ 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 Carpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", in the penal sum of EIGHT HUNDRED EIGHTY-SEVEN THOUSAND, FIVE HUNDRED AND NO/100~$887,500.00) 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: T8E CONDITION OF THIS OBLIGATION IS SC7CH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 6TH of FEBRUARY , 20 3.0 a copy of which is hereto attached and made a part hereof, for the construction af: SOUR'H 07TH PARK SAIL FIELD RELOCATION SPORTS FIELD LIGHTING PROJECT TEXAS $T33[ HOARD CONTRACT PROJECT ATO. E1003.2 (TOTAL RASE BID: $887,500.OQy 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 andlor 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 farce 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 -contracC, or to the work performed thereunder, ar 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 ar addition to the terms of the contract, or to the work to be performed thereunder. Performance Bond Page 1 0~ 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. SEE LIMITED MAINTENANCE PROVISION RIDER ATTACHED HERETO AND MADE A PART HEREOF TN WITNESS WHEREOF, this instrument is executed in 9 copies, each one of which sha11 be deemed an original, this the 9th day of March 20 10 PRINCIPAL iir ATTEST ~ ~ lti/~ Doug Yates, Vice President (Print Name & Title} S~JRE~Y Travelers Casualty and Surety Company of America Attorney-in-fact Diane M. Vanderpool, Attorney-in-Fact {Print Name} The Resident Agent of the Surety an Nueces Count Texas, for de3ivexp of notice and serrr3ce oaE grocers is: Agency: Borden Insurance Contact Person: Debbie L Johnson Address: 711 N Carancahua, #110 ,American Bank Plaza Corpus Christi, TX 78403-1066 Phone Numbex: (361) 693-1767 ~~ (NpT,E: Date of Performance Bond must not be prior to date of contract)(Revised 3/08) Performance Aond Page 2 of 2 P A Y M E N T B O N D STATE OF TEXAS § Bond Number: 11)5369421 COUNTY OF NUECES § xNOw ALL BY TH~s~ PR~s~NTS: THAT M_usco Sports Lighta.ng, LLC of MAHASKA County, Zawa, 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 EIGHT $UNDRED EIGRTY-SEVEN T$OUSANDJ ~'"xVE HUNDRED AND NOj100($887,500.OOy 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 band ourselves, our hears, 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 16TH day FEBRUARY ,. 2fl 1.fl , a copy of which as hereto attached and made a part hereof, for the construction of: 50UTH GUTH PARK BALL FILLD RELOCATION SPORTS FIELD LIGHTING PROJECT' ~XAB SUY 80AE2D CpNTRACT PROJECT No. E100].z {TOTAL BASE BID: $8$7,500.00) NOW, T$EREFORE, 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 sha11 be void; otherwise to remain in full force and effect, PROVIDED FURT$ER, that if any legal action be filed upon this bond, venue sha11 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 an 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 Sond Page 1 of 2 This bond is given to meet the requirements of Article 53.60, 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 af~process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Codes. IN WI'1'NESS WBEREOF, this instrument is executed in 9 copies, each one of which shall be deemed an original, this i;Yi~ 9th day of March 2010 PRxNCIPAL Musco Sports Liahtina. LLC By: ChristophetE K. ~iyland, Vice President (Print Name & T~~- ATTEST j , ) W Yates, Vice President ne & Title} Attorney--in-tact Diane M. Vanderpool, Attorney-in-Fact (Print Name) The ~tesident Agent of the Surety a.n Nueces County, Texas, for delivery of notice and service of process is: ~~~~~~~~~~ Agency: Borden Insurance Contact Person: Debbie L Johnson Address: 711 N Carancahua, #110 ,American Bank Plaza Corpus Christie TX 78403-1066 Phos:e Number: (361) 693-1767 (NOTE; .Date o£ Payment Bond must not be prior to date of contract) (Revised 3/08) Payiaent Bond Page 2 of 2 svREZx Travelers Casualty and Surety Company of America Limited Maintenance Provision Rider To be attached to and form part of bond no. 105369421 issued by the Travelers Casualty and Surety Company of America on behalf of Musco Sports Lighting, LLC in the amount Eight Hundred Eighty-Seven Thousand Five Hundred and NO/100th ($887,500.00) and dated March 9, 2010 in favor of _in favor of City of Corpus Christie for South Guth Park Ball Field Relocation Sports Field Lighting Project Texas Buy Board Contract Project No. E10012 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 Diane M. Vanderpool ,Attorney-in-Fact ,* WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ~A POWER OF ATTORNEY TRAVELERS ~ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company 5t. Paul Guardian Insurance Company Attorney-In Fact No. 218163 Certificate No. 0 0 3 4 0 3 0 4 5 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company aze 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 Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guazanty 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 Des MninPS ,State of ~~x,a ,their true and lawful Attorney(s)-in-Fact, each in their sepazate 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 guazanteeing bonds and undertakings required or pemiittal in anv actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instmrocnt ro be siencd and their corporate seals to be hereto affixed, this 9th day of January 2007 Farmington Casualty Company Fidelity and Guaranty insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. 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 United States Fidelity and Guaranty Company 9,~„~u•u °ASUq~ yF\0.E 6~ ~wN.I NSU ' j~{NS4q".,s JP~[Y ANp9 NW 3W1lT(. Y~Q ~qp T J 4 O +.9 ~JP ..........., gryz g G p2 cy' ~IT ~' ~ ar ~9 rCpRPORA>'~~. ?4'`: °s, 4P 9 Q ~- 3 W z' ~i F:O ~a ICApPORgrt; :p, ~ ~ ~ < ^~`iL' a ~ ,1977 ~ 1rEO ~. - z; _._ . ~ : W HARTFORD, ~NAA1F6gq ~ ~~ ~;SBALrio°: ~~`,.S8ALj3° ~, C~lN. c ~• ? N 1896 b p+ l~ N'~.r°m a'-•......: al:I >:••... .: an os at .~+! Y . ~ ~ A VbyW~AN~~ 1N•.A~ 1y.......*ll bl a+ • ~,tlr1~ • n State of Connecticut City of Haz[ford 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 Guazanty Insurance Company, Fidelity and Guazanty Insurance Underwriters, Inc., 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. In Witness Whereof, I hereunto set my hand and official seal. ~G•~ My Commission expires the 30th day of June, 2011. ~ ~°UBUG ~ # r,t. `('(~ c~nc~- C • Mane C. Tetreault, Notary Public 58440-4-09 Printed in U.S.A. cuy ~ ~~ CITY OF CORPUS CHRI8TI ChnSti DISCLOSURE OF INTERESTS ~r~.~r- City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the Cily to provide the following information. Every question must be answered. If the question is not applk:able, answer with "N/A". FIRM NAME: Musoo Snorts Liahtina. LLC STREET: 1001' Avenue West CITY: Oskaloosa IA ZIP: 52577 FIRM is: 1. Corporation 2. Partnership 3. Sole Owner 4. Assodatlon 5.Other -Limited Liability Company ~ DISCLO8URE QUE8TION8 ff additional space is ~, 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 ownerehip in the strove named firm. N.~ aa- ~rwa and aa- m Mown) _ . NLA 2. State the names of each official of the City of Corpus Christi having an ownership inbrost constituting 396 or more of the ownerehip in the above named firm. Name '~ A S. State the names of each board member of the City of Corpus Christi having an ownership interest constituting H% or more of the ownsrehip in the above named flan. Nsme Bwrd, Commlaion or Commitlss N/A 4. State the names of each employee or officer of a consultant forthe City of Corpus Christi who worked on any matter relabel to the subject of this contract and has an ovmerehip interest conntitutMg 3% or more of the oMmerehip M the above named firm. Name Cona~ltant .WA CERTIFICATE I certify that all information provided fs 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 w~l be promptly submitted to the City of Corpus Christi, Texas as changes oxur. Certifying Person: a ~ I Title: Sec to yr Signature of Certifying Pers Date:_12/17/09 EXHIBIT "C" Page 1 of 2 ACOR CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YY) 03/05/10 PRODUCER 1-800-247-7756 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 3olmes Murphy & Assoc - SVDM ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Po sox 9207 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Dea Moines, IA 50306-9207 INSURERS AFFORDING COVERAGE INSURED Muaco Sports Lighting, LLC, Attn: Raryl Thomas ,1/ ? O Box 808 Jakaloosa, IA 52577 INSURER A:Employer8 Mutual Casualty Co. A- INSURERB:St. Paul Fire & Marine Insurance INSURER C: INSURER D: A XV COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING '.~ HIV T RCVUIRCIVICIV I , I CRIVI VR l,V1V UI I IVIV Vf- MIV T NVIY I RMI, 1 VR V 11'7CR UVI+UMCIV I VVI 1 rl RG.7r'Cl, I 1 V VV r71Vr1 11'11) VCK I IrII.A I t MA7 tit IJJUtL1 UK MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR TYPE OF INSURA CE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A GENERALUABILITY 2D5362510 07/01/09 07/01/10 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ 300, 000 CLAIMS MADE ~ OCCUR ~ MED EXP (An one person) $ 15, 000 X Contractual Liability PERSONALBADVINJURY 1,000,000 GENERAL AGGREGATE $2,000,000 GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/OPAGG $ 2,000,000 POLICY X PRO- X LOC A AUT OMOBILE LIABILITY 2E5362510 07/01/09 07/O1 COMBINED SINGLE LIMIT ~ $ 1, 000, 000 X ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ ~~ X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: qGG $ B EXCESS LIABILITY QK05501510 07/01/09 07/O1/lp EACH OCCURRENCE $ 2, 000, 000 X OCCUR ~ CLAIMS MADE ,~ AGGREGATE $ 2, 000, 000 DEDUCTIBLE g RETENTION $ $ A WORKERS COMPENSATION AND 2M5362510 07/01/09 07/O1/10~ X WCSTAMIU- OTR- A EMPLOYERS' LIABILITY ~ 255362510 07/01/09 07/01/10 E.L. EACH ACCIDENT 500, 000 $ A 2Z5362510~ 07/01/09 07/01/10 E.L. DISEASE-EA EMPLOYEE $500,000 A 2P5362510 07/01/09 07/01/10 E.L. DISEASE-POLICY LIMIT $ 500,000 OTHER S S E DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONSADDED BY ENDORSEMENT/SPECIAL PROV1310NS RE: South Guth Park, Project No. 810012 City of Corpus Christi is included as an Additional Insured on the GL, Auto, ~ Vmbrella policies as their !ntereets may appear. / :ancellation notice endorsements do apply. V pity of Corpus Christi )apartment of Engineering Services / >,ttn: Contract Administrator I~/ !P.O. Box 9277 I~.orpua Christi, TX 78469 USA ACORD 25-5 (7197) sateinbachwdam 14708505 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE?AiE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 ~/ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON. THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE O ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 25-S 2D53b2510 ~" COMMERCIAL. GENEi2At_ LIAi31LITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. .~ BLANKET ADDITIONAL INSURED --CONSTRUCTION CONTRACTS INCLUDING COMPLETED OPERATIONS This endorsement modifies the insurance provided under the following: J COMMERCAAt. GENERAi_ LIAB1LiTY COVERAGE PART Seetion ii -Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organiration have agreed in writing in a contract or agreement that such person or organization be added to your policy and where a Certificate of Insurance showing that person or organization as an additional insured has been issued. The written con#ract or agreement must be: (a) Currently in effect or becoming effective during fihe term of this policy; and {b) Executed prior to the "bodily injury' or "property damage." The insurance provided to the additional insured is limited as follows: 1. That person or organization Is only an additwnal insured with respect to liability arising out of "your work" performed for that additionai insured by or for you. 2. The limits of insurance applicable to the additionai insured are those specified In the Declarations for this policy or in the written contract or agreement, whichever is lower. These limits of insurance are inclusive of and not in addition to the limits of insurance shown in the Declarations. 3. The insurance provided to the additional insured does not apply to "bodily injury." "property damage" and "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: a. The preparing, approving, or falling to prepare or approve maps. drawings, opinions, reports, surveys, field orders, change orders or design and specifications; and b. Supervisory, inspection, architeciura! or engineering activities. 4. Any coverage .provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or any other basis, unless a contract specifically requires that this insurance be primary, or you request that it apply on a primary basis. When coverage is provided on a primary basis we wilt not seek contribution from any other insurance avaAabie to that additionai insured if a contract requires that this insurance be noncontributory, or you request that it apply on a noncontributory basis. 5. All other terms and condiffons of this policy remain unchanged. CG7174.1M{10-01) Includes copyrighted material of lSQ Properties, inc. with its permission. Page 1 of 1 / 2! ~ o e !// COMMERCIAL AUTO 2E536251t) `--- ~ ~ :~;,._ _:;:. THIS ENDORSEMENT CHANGES THE POLICY. FLEASIE READ IT CAREFULLY. COMMERCIAL AUTO AMENDMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The BUSINESS AUTO COVERAGE FORM is amended to include the following clarifications and extensions of coverage. With respect to coverage provided by this endorsement, the provisions of the Coverage Forrn apply unless modified by the endorsement. l A. BLANKET ADDtTiONAL INSURED D. SECTION II -LIABILITY COVERAGE, A.1. Who is An Insured is amended by adding the following: d. Any person or organization who is a party to a written agreement or contract with you in which you agree to provide the type of insurance afforded under this Business Auto Coverage Form. This provision applies to claims for "bodily injury" or "property damage" which occur after the execution of any written agreement or contract. B. NEWLY FORMED OR ACQUIRED ORGANIZATIONS SECTION li - LIABILITY COVERAGE, A.1. Who is An Insured is amended by adding the following: e. Any organiza#ion which you acquire or fiorm after the effective date of this policy in which you maintain ownership or majority interest. However: (1) Coverage under this provision is afforded only up to 180 days after you acquire or form the organization, or to the end of the policy period, whichever is earlier. (2) Any organization you acquire or form wilt not be considered an "insured" if: A. The organization is a partnership or a joint venture; or B. That organization is covered under other similar insurance. (3) Coverage under this provision does not apply to any claim for "bodily injury" or "property damage" resulting from. an "accident" that occurred before you formed or acquired the organization. C. SUBSIDIARIES AS INSUREDS SECTION it -LIABILITY COVERAGE, A.1. Wha Is An Insured is amended by adding the following: f. Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of this policy. However, "insured" does not include any subsidiary that is an "insured" under any other automobile liability policy or was an "insured" under such a policy but for termination of that policy or the exhaustion of the policy's limits of liability. CA7270(3.07) COVERAGE FaCTENStONS -SUPPLEMENTARY PAYMENTS SECTION II - LIABILITY COVERAGE, A.2.a. Coverage Extensions, Supplementary Payments (2) and (4) are replaced by the following: (2) Up to $3,000 for the cost of bail bonds {including bonds for related traffic law violations) required because of an "accident" we cover. We do not have #o furnish these bonds. {4) Ali reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $350 a day because of time off from work. E. PHYSICAL DAMAGE -TOWING SECTION lit -PHYSICAL DAMAGE COVERAGE, A.2. Towing 'ss replaced with the following: We will pay for towing and labor costs Incurred, subject to the following: a. Up to $100 each time a covered "auto" of the private passenger type is disabled; or b. Up to $500 each time a covered "auto" other than the private passenger type is disabled. However, the labor must be performed at the place of disablement. t=. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES SECTION ill -PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions subparagraph a. Transportation Expenses is replaced by the following: (1) We will pay up to $75 per day to a maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We wif! pay only for those covered "autos" for which you carry either Comprehensive or Specified Cause of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expirations, when the covered "auto" is returned to use or we pay for its`"loss:' Includes copyrighted material of ISO Properties, inc. with its permission. Page 1 of 2 {2) If the temporary transportation expenses you incur arise from your rental of an "auto" of the private passenger type, the most we will pay is the amount it costs to rent an "auto" of the private passenger type which is of the same like kind and quality as the stolen covered "auto " G. HIRED AUTO PHYSICAL DAMAGE Sl"CTION ill - PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions is amended by adding the following: c. If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specifed Causes of Loss, or Collision coverage is provided for any "auto" you own, then fhe Physical Damage coverages provided are extended to "autos" you hire, subject to the following limit and deductible: (1} The mast we wail pay for loss to any hired "auto" is the lesser of $50,000 or Actual Cash Value or Cost of Repair, minus the deductible. (2} The deductible wilt be equal to the largest deductible applicable tv any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. (3) Subject to the above limit, deductible and excess provisions, we will provide coverage equal tv the broadest coverage applicable to any covered "auto" you own. The insurance provided under this provision is excess over any other collectible insurance. H. PERSONAL PROPERTY OF OTHERS SECTION ill -PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions is amended by adding the foiiowing: d. We will pay up to $500 for loss to personal property of others in or on your covered "auto." This coverage applies only in the event of "loss" to your covered "auto" caused by fire, lightning, explosion, theft, mischief or vandalism, the covered "auto's" copision with another object, or the covered "auto's" overturn. No deductibles apply to this coverage. AIRBAG COVERAGE SECTION ill -PHYSICAL DAMAGE COVERAGE, t3.3.a. Exclusions is amended by adding the foiiowing: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. J. LOSS TO TWO OR MORE COVERED AUTOS FROM ONE ACCIDENT SECTION Ili -PHYSICAL DAMAGE COVERA,raE, D. Deductible is amended by adding the following: 1f a Comprehensive, Specified Causes of Loss or Collision Coverage "loss" from one "acoident" involves two or more covered "autos", only the highest deductible applicable to those coverages will be applied to the "accident". This provision only applies if you carry Comprehensive, Collision or Specified Causes of Loss Coverage fior those vehicles, and does not extend coverage to any covered "autos" for which you do not carry such coverage. IC. WAIVER OF DEDUCTIBLE -GLASS REPAIR OR REPLACEMENT SECTION iii -PHYSICAL DAMAGE COVERAGE, D. Deductible is amended by adding the followMg: if a Comprehensive Coverage deductible is shown in the Declarations it does not apply to the cost of repairing or replacing damaged glass. L. DUTiE3 IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION 1V - BUSINESS AUTO CONDITIONS, A.2. Duties in the Event of Accident, Claim, Suit or Loss is amended by adding the following: d. Your- obligation to notify us promptly of an "accident " claim, "suit" or "loss" is satisfied if you send us the required notice as soon as practicable after your insurance Administrator or anyone else designated by you to be responsible for insurance matters is nati#ied, or in any manner made aware, of an "accident " claim, "suit" or "loss." M. UNINTENTIONAL FAILURE TO DISCLOSE EXPOSURES SECTION N -BUSINESS AUTO CONDITIONS, 13.2. Concealment, Misrepresentation, or Fraud is amended by adding the following: if you unintentionally fait to disclose any exposures existing at the inception date of this policy, we will not deny coverage under this Coverage Part solely because of such failure to disclose. However, this provision doss not affect our right to collect additional premium or exercise our right of cancellation ornon-renewal N. MENTAL ANGUISH SECTION V -DEFINITIONS, C. is replaced by fhe following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from bodily injury, sickness or disease. O. LIBERALIZATION !f we revise this endorsement to provide greater coverage without additional premium charge, we vrd! automatically provide the additional coverage to ail endorsement holders as of the day the revision is effective in your state. CAT2T0(3-07) includes copyrighted material of iSQ Properties, Inc. with its permission. Page 2 of 2 2D5 36 ~5-10 ~ * CHANGE 4 2 ~~~~~~ COMMERCIAL GENERAL LIABILITY TH1S ENQORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGES -AMENDMENT OF CANCELLATION PROV{SIGNS OR COVERAGE CHANGE is endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LFQUOR LIAB[LITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION. LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTICONFPLETF=D OPERATFONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE. LIABILITY COVERAGE PART !n the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Past, we agree to mafi prior written notice of cancellation or material change to: SCNEDULE'~ ~• Name: CITY OF CORPUS CHRISTI 2. Address: PO BOX 9277 CORPUS CHRISTI, TX 7$469 3. Number of da advance notice: 30 *if no entry appears above, information required to complete this endorsement will be shown in the Declarations as a livable to this endorsement. CG7631 M(9.08) includes copyrighted material of !SO Properties, Inc. with its permission. Page 1 of 1 /~M~Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY C H A N G E E N D O R S E M E N T POLICY PERIOD: FROM 07/01/09 TO 07/01/10 * POLICY NUMBER * 2 E 5- 3 6- 2 5---10 N A M E D I N S U R E D P R O D U C E R - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - MUSCO CORPORATION HOLMES MURPHY & ASSOC TNC PO BOX 808 PO BOX 9207 OSKALOOSA IA 52577-0808 DES MOINES IA 50306-9207 AGENT: AA-1452 AGENCY BILL AGENT PHONE: 515-223-6800 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - T H I S E N D O R S E M E N T C H A N G E S T H E P O L T C Y. P L E A S E R E A D I T C A R E F U L L Y. * ENDORSEMENT EFFECTIVE DATES: 12/18/09 TO 07/01/10 30 DAY NOTICE OF CANCELLATION/NON-RENEWAL IT IS AGREED WE WILL NOT CANCEL OR NON-RENEW THIS POLICY FOR REASONS OTHER THAN NON-PAYMENT OF PREMIUM WITHOUT GIVING 30 DAYS WRITTEN NOTICE TO: CITY OF CORPUS CHRISTI. .,~..---- 6- -------------------------------------- ADDITIONAL PREMIUM: $ 0.00 -------------------------------------- AUDIT FREQUENCY: ANNUAL PLACE OF ISSUE: DES MOINES, IA DATE OF ISSUE: 02/18/10 COUNTERSIGNED BY: FORM: IL1201A (ED. 01-86) 121 ;'. ~" ~` /EMCInsurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY (15539) C H A N G E E N D O R S E M E N T POLICY PERIOD: FROM 07/01/09 TO 07/01/10 * POLICY NUMBER * ,/* 2 Z 5- 3 6- 2 5---10 * N A M E D I N S U R E D P R O D U C E R - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - MUSCO CORPORATION HOLMES MURPHY & ASSOC INC PO BOX 808 PO BOX 9207 OSKALOOSA IA 52577-0808 DES MOINES IA 5030b-9207 AGENT: AA-1452 AGENCY SILL AGENT PHONE: 515-223-6800 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - T H I S E N D O R S E M E N T C H A N G E S T H E P O L I C Y. PLEAS E R E A D I T C ARE F U L L Y. * ENDORSEMENT EFFECTIVE DATES: 12/18/09 TO 07/01/10 * " 30 DAY NOTICE OF CANCELLATION/NON-RENEWAL IT IS AGREED WE WILL NOT CANCEL OR NON-RENEW THIS POLICY FOR REASONS OTHER THAN NON-PAYMENT OF PREMIUM WITHOUT GIVING 30 DAYS WRITTEN NOTICE TO: CITY OF CORPUS CHRISTI. -------------------------------------- ADDITIONAL PREMIUM: $ 0.00 AUDIT FREQUENCY: ANNUAL PLACE OF ISSUE: DES MOINES, IA DATE OF ISSUE: 02/18/10 COUNTERSIGNED BY: FORM: IL1201A (ED. 01-8b) 121 SR