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
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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
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• 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