CM-2018-1840 - 8/31/2018CITY OF ROUND ROCK AGREEMENT FOR
THE PURCHASE OF FIELD LIGHTING AND WARRANTIES
WITH
MUSCO SPORTS LIGHTING LLC
THE STATE OF TEXAS §
CITY OF ROUND ROCK §
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
KNOW ALL BY THESE PRESENTS:
THAT THIS AGREEMENT for the purchase of field lighting and warranties for various
City of Round Rock parks and fields (the "Re -lamp Project"), and for related goods d services
(referred to herein as the "Agreement"), is made and entered into on this the 3c+day of the
month of August, 2018 by and between the CITY OF ROUND ROCK, a Texas home -rule
municipality, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299
(referred to herein as the "City"), and MUSCO SPORTS LIGHTING, LLC, whose offices are
located at 100 1` Avenue West, P.O. Box 806, Oskaloosa, Iowa 52577 (referred to herein as
"Vendor").
RECITALS:
WHEREAS, City desires to purchase certain goods and services for the Re -lamp Project,
and City desires to procure same from Vendor; and
WHEREAS, City is a member of the Buy Board Cooperative Purchasing Program ("Buy
Board") and Vendor is an approved Buy Board vendor through Buy Board Contract # 512-16;
and
WHEREAS, City desires to purchase certain goods and services from Vendor through
Buy Board as set forth herein; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is
mutually agreed between the parties as follows:
00407179 ss2
Om- 201J-1640
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Vendor whereby
City is obligated to buy specified services and Vendor is obligated to provide said services. The
Agreement includes Vendor's Proposal dated January 31, 2018 (attached as Exhibit "A").
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E. Goods mean the specified supplies, materials, commodities, or equipment.
F. Services mean work performed to meet a demand or effort by Vendor to comply
with promised delivery dates, specifications, and technical assistance specified.
2.01 EFFECTIVE DATE, TERM, ALLOWABLE RENEWALS, PRICES FIRM
A. This Agreement shall be effective on the date this Agreement has been signed by
each party hereto, and shall remain in full force and effect unless and until it expires by operation
of the term indicated herein, or is terminated as provided herein.
B. This Agreement shall terminate upon the purchase and installation of all goods
and services as described in Exhibit "A." All warranties shall survive. the expiration of
Agreement and terminate only as set forth in each separate warranty described in Exhibit "A."
C. Prices shall be firm for the duration of this Agreement. No separate line item
charges shall be permitted For invoicing purposes, including but not Iimited to equipment rental,
demurrage, costs associated with obtaining permits, or any other extraneous charges.
D. City reserves the right to review the relationship with Vendor at any time, and
may elect to terminate this Agreement with or without cause or may elect to continue.
3.01 CONTRACT DOCUMENTS AND EXHIBITS
The goods and services which are the subject matter of this Agreement are described in
Exhibit "A" and, together with this Agreement, comprise the Contract Documents. Any
inconsistencies or conflicts in the contract documents shall be resolved by giving preference to
the terms and conditions set forth in pages one (1) through nine (9) of this Agreement.
4.01 SCOPE OF WORK
Vendor shall satisfactorily complete all services described in Vendor's Proposal, Exhibit
"A," attached hereto and incorporated herein.
This Agreement shall evidence the entire understanding and agreement between the
parties and shall supersede any prior proposals, correspondence or discussions.
Vendor shall satisfactorily provide all deliverables and services described in Exhibit "A"
within the contract term specified. A change in the Scope of Services or any term of this
Agreement, including bonding requirements, must be negotiated and agreed to in all relevant
details, and must be embodied in a valid Supplemental Agreement as described herein.
5.01 CONTRACT AMOUNT
In consideration for the deliverables and services related to the deliverables, the City
agrees to pay Vendor Thirty -Two Thousand Five Hundred Eighty -Five and No/100 Dollars
($32,585.00) for the goods and services set forth in Exhibit "A."
6.01 INVOICES
All invoices shall include, at a minimum, the following information:
A. Name and address of Vendor;
B. Purchase Order Number;
C. Description and quantity of items received or services provided; and
D. Delivery or performance dates.
7.01 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may effect such termination by
giving Vendor a written notice of termination at the end of its then current fiscal year.
8.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to
Vendor will be made within thirty (30) days of the day on which City receives the performance,
supplies, materials, equipment, and/or deliverables, or within thirty (30) days of the day on which
the performance of services was complete, or within thirty (30) days of the day on which City
receives a correct invoice for the performance and 'or deliverables or services, whichever is later.
Vendor may charge interest on an overdue payment at the "rate in effect" on September 1 of the
fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b); however, this Policy does not apply to payments made
by City in the event:
A. There is a bona fide dispute between City and Vendor, a contractor, subcontractor
or supplier about the goods delivered or the service performed that cause the
payment to be late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from
malting a timely payment with federal funds; or
C. There is a bona fide dispute between Vendor and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service performed
that causes the payment to be late; or
D. Invoices are not mailed to City in strict accordance with instructions, if any, on the
purchase order or the Agreement or other such contractual agreement.
9.01 GRATUITIES AND BRIBES
City may, by written notice to Vendor, cancel this Agreement without liability to Vendor
if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise
were offered or given by Vendor or its agents or representatives to any City officer, employee or
elected representative with respect to the performance of this Agreement. In addition, Vendor
may be subject to penalties stated in Title 8 of the Texas Penal Code.
10.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
11.01 ORDERS PLACED WITH ALTERNATE SERVICES PROVIDERS
If Vendor cannot provide the goods as specified, City reserves the right and option to
obtain the products from another supplier or suppliers
12.01 CITY'S REPRESENTATIVE
City hereby designates the following representative authorized to act in its behalf with
regard to this Agreement:
Randy Gordon
Parks Manager
Parks and Recreation Department
301 West Bagdad Avenue, Suite 250
Round Rock, Texas 78664
(512) 341-3340
13.01 INSURANCE
Vendor shall meet all City of Round Rock Insurance Requirements as set forth at:
htt www.roundrocktexas. ovhv-content/u loads 2014.12 corr insurance 07.201 12. df.
14.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreement.
15.01 DEFAULT
If Vendor abandons or defaults under this Agreement and is a cause of City purchasing
the specified goods elsewhere, Vendor agrees that it may be charged the difference in cost, if any,
and that it will not be considered in the re -advertisement of the service and that it may not be
considered in future bids for the same type of work unless the scope of work is significantly
changed.
Vendor shall be declared in default of this Agreement if it does any of the following:
A. Fails to fully, timely and faithfully perform any of its material obligations
under this Agreement;
B. Fails to provide adequate assurance of performance under the "Right to
Assurance" section herein; or
C. Becomes insolvent or seeks relief under the bankruptcy laws of the United
States.
16.01 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon thirty (30) days' written notice to Vendor.
B. In the event of any default by Vendor, City has the right to terminate this
Agreement for cause, upon ten (10) days' written notice to Vendor.
C. Vendor has the right to terminate this Agreement only for cause, that being in the
event of a material and substantial breach by City, or by mutual agreement to terminate
evidenced in writing by and between the parties.
D. In the event City terminates under subsections (A) or (B) of this section, the
following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall
discontinue all services in connection with the performance of this Agreement and shall proceed
to cancel promptly all existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor
shall submit a statement showing in detail the goods and/or services satisfactorily performed
under this Agreement to the date of termination. City shall then pay Vendor that portion of the
charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services
it would have performed under the remaining term of the Agreement except as provided herein.
17.01 INDEMNIFICATION
Vendor shall defend (at the option of City), indemnify, and hold City, its successors,
assigns, officers, employees and elected officials harmless from and against all suits, actions,
legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all
other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor,
or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations
under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be
deemed to limit the rights of City or Vendor (including, but not limited to the right to seek
contribution) against any third party who may be liable for an indemnified claim.
18.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
A. Vendor, its agents, employees and subcontractors shall use best efforts to comply
with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock,
as amended, and with all applicable rules and regulations promulgated by local, state and national
boards, bureaus and agencies.
B. Vendor acknowledges and understands that City has adopted a Storm Water
Management Program (SWMP) and an Illicit Discharge Ordinance, Sections 14-139 through 14-
152 of the City's Code of Ordinances, to manage the quality of the discharges from its Municipal
Separate Storm Sewer System (MS4) and to be in compliance with the requirements of the Texas
Commission on Environmental Quality (TCEQ) and the Texas Pollutant Discharge Elimination
System (TPDES). The Vendor agrees to perform all operations on City -owned facilities in
compliance with the City's Illicit Discharge Ordinance to minimize the release of pollutants into
the MS4. The Vendor agrees to comply with of the City's stormwater control measures, good
housekeeping practices and any facility specific stormwater management operating procedures
specific to a certain City facility. In addition, the Vendor agrees to comply with any applicable
TCEQ Total Maximum Daily Load (TMDL) Requirements and/or I -Plan requirements.
C. In accordance with Chapter 2270, Texas Government Code, a governmental entity
may not enter into a contract with a company for goods or services unless the contract contains
written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott
Israel and will not boycott Israel during the term of this contract. The signatory executing this
Agreement on behalf of Vendor verifies Vendor does not boycott Israel and will not boycott
Israel during the term of this Agreement.
19.01 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party shall
assign, sublet or transfer any interest in this Agreement without prior written authorization of the
other party.
20.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
1. When delivered personally to the recipient's address as stated in this Agreement;
or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Vendor:
Musco Sports Lighting, LLC
140 1" Avenue West
P.O. Box 808
Oskaloosa, IA 52577
Notice to City:
City Manager Stephan L. Sheets, City Attorney
221 East Main Street AND TO: 309 East Main Street
Round Rock, TX 78664 Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
2I.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
22.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Vendor and City. This Agreement may only be amended or supplemented by mutual agreement
of the parties hereto in writing, duly authorized by action of the City Manager or City Council.
23.01 DISPUTE RESOLUTION
City and Vendor hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9
USC Section 1-14) or any applicable state arbitration statute.
24.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion or
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this section shall not prevent this entire Agreement from
being void should a provision which is of the essence ofthis Agreement be determined void.
25.01 MISCELLANEOUS PROVISIONS
Standard of Care. Vendor represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
Time is of the Essence. Vendor understands and agrees that time is of the essence and
that any failure of Vendor to fulfill obligations for each portion of this Agreement within the
agreed timeframcs will constitute a material breach of this Agreement. Vendor shall be fully
responsible for its delays or for failures to use best efforts in accordance with the terms of this
Agreement. Where damage is caused to City due to Vendor's failure to perform in these
circumstances, City may pursue any remedy available without waiver of any of City's additional
legal rights or remedies.
Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement
if it is prevented from performing any of its obligations hereunder by reasons for which it is not
responsible as defined herein. However, notice of such impediment or delay in performance must
be timely given and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agreement may be executed in multiple counterparts, any
one of which shall be considered an original of this document; and all of which, when taken
together, shall constitute one and the same instrument.
[Signatures appear on the following page.]
IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
City of Rgund Rock, Texas
Attest:
By:
Sara L. White, City Clerk
For City, Approved ads to F
y Attorney
_`
Musco Spo i ting, LLC
By. e.
Print Nam : mes M. Hansen
Title: _Secretary
Date Signed: _ August to, 2018
i
100 I►' Ave West • PO Box 808 a Oskaloosa, IA 52577
Phone: 18001625-6020 0 Fax; 18881347-8736
•E-mail: rick.vandusseldorp®musco.com
Project: Round Rock Old Settlers Park Tennis Warranty Renewal
Date: 4-20-2018
Attn: Randy Gordon
Buy Board Quotation
Park 1 Rec & Field Lighting #512.16
Vendor#528
Quotation Price- (Rev 2)
The fee for services rendered Including: Services as listed below: $17,820.00
Plus applicable sales tax.
Sco a of Service
Musca proposes the following service:
Old Settlers Park Tennis: Project 30657263- (108) 1 000w Fixtures (Rated 8,000 — 10.000 hrs)
Original 10 Year Parts 110 Year Labor Warranty, Start- 211612009, End 2/16/2011- (1) Warranty Relamp
(1) Warranty Relamp completed 11/19/2010
Current Annual Hours of usage: Unknown due to No Control Link at this facility. (estimate apprx 450-500 annual
as hour meter was read 1/27/2005 and showed 1885 hrs) after (4) years of use.
(1) Initial relamp to begin warranty and 5 year parts 15 year labor warranty: $17,820.00
Notes
• Per estimated current hours of annual usage. No Control Link present.
Payment Terms
Payment terms net 30 days from delivery. Late payment will be subject to service charges of 1 %% per
month (18% APR). Any additional materials required will be charged at an additional price, In addition,
Customer shall pay and be responsible for when due all local applicable sales, use, franchise, gross receipts, or
similar taxes relating to this Agreement. If any payment is not made when due, Customer will pay a delinquent
charge of 1-112% for each month or portion of a month, that a past due balance remains unpaid. Customer
agrees to pay all cost (including reasonable attorney's fees and court costs) associated with collecting any
delinquent amounts due. Freight Charges have been included In the above prices. Sales tax is NOT included as
part of this quote.
Exhibit "A"
Prices are good for acceptance and delivery for 90 days only, unless such time is extended In writing. If you have
any questions regarding the quotation, please call me at 800-825-6020 .
Sincerely,
jL�'- O'.j2-
Rick Van Dusseldorp
Lighting Services Sales Representative
Musco Sports Lighting
800-825-6020 Ext 2087
888-397-8736 fax
rick.vandusseldoraDmusco.corn
Exhibit "A"
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100 1 ' Ave west • PO Box 848 0 Osko oosa. I A 52577
Phone: {800) 825.6020 @ Fax: (888) 397-8736
•g -moil: rick,vondusseldorp amusco.com
Project: Round Rock The Bluff Softball Re -lamp to Continue Warranty
Date: 5-25-2018
Attn: Randy Gordon
Buy Board Quotation
Paris 1 Rec & Field Lighting #512-16
Vendor #528
Quotation Price.
The fee for services rendered including Lamps, Labor, Lift, Freight, Old Lamp Disposal: S
Plus applicable sales tax.
$cone of Service
Musca proposes the following servic :
Musco to provide & install (20) LA -3t Z-1 1500w Z -Lamps: $3,090.00
Notes
Original Project 123275
Pricing Is relative to this re-lamping to be performed in the same trip that Musco Techs will be re-
lamping Old Settlers Tennis.
Warranty to be continued for 5000 additional hours with completion of this Re -lamp
Payment Terms
Payment terms net 30 days from delivery. Late payment will be subject to service charges of 1 1/1% per
month 118% APR). Any additional materials required will be charged at an additional price. in addition,
Customer shall pay and be responsible for when due all local applicable sales, use, franchise, gross receipts, or
similar taxes relating to this Agreement. If any payment is not made when due, Customer will pay a delinquent
charge of 1-112% for each month or portion of a month, that a past due balance remains unpaid. Customer
agrees to pay all cost (including reasonable attorney's fees and court costs) associated with collecting any
delinquent amounts due. Freight Charges have been included in the above prices. Sales lax is NOT included as
part of this quote,
Exhibit "A"
Prices are good for acceptance and delivery for 90 days only, unless such lime is extended in writing if you have
any questions regarding the quotation, please call me at 600-925-6020
Sincerely_
Rick Van Dusseldorp
Lighting Services Sales Representative
Musco Sports Lighting
600-625-6020 Ext 2067
996-397-9736 fax
rick.vandusseidoro(a)musco.com
Exhibit "A
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f�, t r+:
4 L
100 1 ' Ave west a PO Box 608 • Oska ooso IA 52577
Phone: 1800) 825-6020 • Fax: 1688) 397-8736
*E -moi; rickmandusseldorp@musco corn
Project: Round Rock Skate Park Re -lamp to Continue Warranty
Date: 5-24-2018
Attn: Randy Gordon
Buy Board Quotation
Park I Rec & Field Lighting #512.16
Vendor#528
Quotation Price -
The fee for services rendered including� Lamps, Labor, Lift, Freight, Old Lamp Disposal: S
Plus applicable sales tax.
Musco proposes the following service:
Musco to provide & install (8) LA -30Z-1 1500w Z -Lamp: $2,250.00
Notes
Original Project 124920
Pricing is relative to this re-lamping to be performed in the same trip that Musco Techs will be re-
lamping Old Settlers Tennis
Warranty to be continued for 5000 additional hours with completion of this Re -lamp
Pavment Terns
Payment terms net 30 days from delivery. Late payment will be subject to service charges of 1 %% per
month (18% APR). Any additional materials required will be charged at an additional price. In addition.
Customer shall pay and be responsible for when due all local applicable sales, use, franchise, gross receipts, or
similar taxes relating to this Agreement. If any payment is not made when due, Customer wit pay a delinquent
charge of 1-112% for each month or portion of a month, that a past due balance remains unpaid. Customer
agrees to pay all cost (including reasonable attorney's fees and court costs) associated with collecting any
delinquent amounts due. Freight Charges have been included in the above prices. Sales tax is NOT included as
part of this quote.
Exhibit "A"
Prices are good for acceptance and delivery for 90 days only unless such time is extended in writing, If you have
any questions regarding the quotation, please call me at 800-825-6020 .
Sincerely,
Rick Van Ousseldorp
Lighting Services Sales Representative
Musco Sports Lighting
800-825-6020 Ext 2087
888-397-8736 fax
rick.vandusseldori3@musco.com
Exhibit "A"
0000
Musgq.
100 1 , WL Wco • 1't i Hni 1108 • rl:kAnnoa. 11 US77
I'lunu OW Vi 6020 • 1'aA BBB 37- 6736
Date.5 :4 20 IS
Cit,' of Round Rock Buy Hoard Quotation
Round Rack, 11 Park / Rec do Field Lighting #512-16
Attn: Randy- Cordon Vendor #528
Re: Control Link euotanon — Old Settlers Park Tennis 3101 3,tcn Loop, Round Rock. T\ -8665
Dent Randy,
1 Iere is the Control Link Quotcuton that %ou requested for Old Settlers Park Tenrus This quote includes the
fullouing.. .
Zone I Tennis 1 d
"Lone 2 Tennis 5 B
Zone 3 Tennis 7 12
`Lone-$ Spare
Equipment
i- (1) Remote Equipment Conitollets (R1:Ct
(4) Remi ie Off On .auto S%%itchea mounted in caGniet door) On site .liar timers to rem.titi
active.
(1) 1'andalism Protectti•c 5uveh Co%cr
i 10 vear p.lr !. 10 tear I.thor warninn an all egtupment
Y .18 freight costs
Eauinmenr price $7.725.00
Equipment Installation
i Tuntkey urotallauon of .d! components b% Musco 'I echma.tns
Acuialion and testing of systems to ensure all units arc fuHi functional and operational
Insciliarion pnee 51.500.00
10 Yenrs Control Link Central Semice {CLC)
24 'toll free access to CLC customerscliedubng oper.itors
i .Access to Musco Control Link Scheduling Website
> REC oper.itions and Weinite Training for i our scheduling staff
Total Equipment & InstaUation with 10 yggrsfService: $9.425.00*
Please note: This quotation is based upon contactors being available
on site for utilization. 120v control service must be available at the controls location.
'Please add applicable sales tai. I•ecighi liar been included
Exhibit "A"
0000
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5131ccivik ,
Rick Van UasseldoLp
Lighting Suviccs Sales Reptcsenum c
Musco Llghung
800.825 6020 em NO
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Exhibit "A"
�eeoro CERTIFICATE OF LIABILITY INSURANCE
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THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERiS), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: It the certificate holder Is an ADDITIONAL INSURED, the policyiies) must have ADDITIONAL INSURED provisions or be endorsed. If
SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this
certificate does not confer rights to the certificate holder in lieu of such endorsementis).
PRODUCER
Aon Risk Services central, Inc.
Omaha NE Office
CONTACT
NWE.
FAIL
A/C.No.Ext: (A02) 647-1A00 AC(402) fi97 0017
ADDRESS:
11213 Davenport
Suite 201
INSURERiSI AFFORDING COVERAGE NAIC M
Omaha NE 68154 USA
INSURED
INSURER A: Sentry Insurance A Mutual company 24988
Musco SDortS Lialitino. LLC
c/o Musco Corporation
100 15t Ave W
INSURER a: Sentry Casualty Company 211460
INSURER C: Travelers Property Cas CO of America 25674
INSURER D:
Oskaloosa TA 52577 USA
INSURER E:
INSURER F:
MED EXP (Any one penonl S10,500
CdVERAGES CERTIFICATE NUMBER: 570072654140 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, Limits shown are as requested
INSR TR
TYPE OF INSURANCE
INSO
NNO
POLICY NUMBER
MMO
MMIDOrrm
LIMITS
X COMMERCIAL GENERAL LIABILITY0710112018
EACH OCCURRENCE $1,000,000
DAMAGE TO MEN TEV PREMISES a occurrence]$3D°' DQD
CLAIMS -MADE OCCUR
MED EXP (Any one penonl S10,500
PERSONAL 4ADV INJURY $1,000,000
GEWL AGGREGATE LIMIT APPLIES PER
GENERALAGGREGATE $2,000,0DO
PRODUCTS-COMPIOPAGG $2,000,000
POLICY PRO- [DLOC
JECT
OTHER
A
AUTOMOBILE LIABILITY
901687703
07/01/201807/01/2019
COMBINED SINGLE LIMIT $1,000,000
BODILY INJURY ( Per penon)
% ANY AUTO
BODILY INJURY (Par accldenll
SCHEDULED
OWNED
OWNED LY AUTOS
AUTOS% MIAIDAUIOS X NONAWNED
ONLY AUTOS ONLY
PROPERTY DAMAGE
Peraeeidamt
C
X
LNIBRELLALIAB
%
OCCUR
ZUP61M9917718NF
00701/2018
07/01/2019
EACH OCCURRENCE 525,000,000
AGGREGATE $25,000,000
EXCESS LIAR
CLAIM&MADE
DED I % RETENTION 110.001)
B
WORKERS COMPENSATION AND
1 701
071011201
1 1
X PER STATUTE OTH
EMPLOYERS LIABILITY
ANYPROPRIETORIPARTNER.EXECUTVE YrN
E L. EACH ACCIDENT $1,000,406
OFFICERINEMBER EXCLUDED) a
(Mandatory In NH)
NIA
EL DISEASE -EA EMPLOYEE $11000,000
If yes describe under
DESCRIPTIONOFOPERATIONSbelow
EL DISEASE -POLICY LIMIT $1,000,05
09SCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES 140RO 101, Additional Remarks Sehedu a, may be attached It more space Is requlredl
Project No. 170569, old Settlers Park Tennis Control Link. N SVC -405726, o'.d Setters Park, SVC -405740, The sluff, SVC -4057381
Round Rock Skate Park
Additional Insured in favor of the City of Round Rock, its officers employees and elected officials applies on the General and
Auto Liability policies as required by a written contract. waiver o Subrogation in favor of the Additional Insured applies on
all policies as required by a wr'.tten contract. Genera- Liability coverage is pr'mary and non-contributory. Umbrella coverage
is follow form. 30 day notice of cancellation will be provided.
i
0
v
in
CERTIFICATE HOLDER CANCELLATION ?al
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE
POLICY PROVISIONS.
City of Round Rock, Tx AUTHORIZED REPRESENTATIVE
221 East Hain
Round Rock TX 78664 5229 USA -®
01988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016103) The ACORD name and logo are registered marks Of ACORD
SENTRY INSURANCE A MUTUAL COMPANY
STEVENS POINT WISCONSIN
(A PARTICIPATING MUTUAL COMPANY
A MEMBER OF THE SENTRY FAMILY 0 INSURANCE COMPANIES
COMMERCIAL GENERAL LIABILITY
NAMED INSURED ENDORSEMENT EFFECTIVE POLICY NUMBER
MUSCO CORPORATION 07-01-18 90-16877-04
ADDITIONAL INSURED - OWNERS LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
+------------------------------------------------------------------ - - - - -+
INAME OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATIONS) -�
+----------------------------------------------------------------------
IANY 8 ALL OWNERS, LESSES OR CONTRACTORS
} - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
IT
LOCATION(S)-OF-COVERED-OPERATIONS-------------------------------------�
ANY AND ALL PROJECTS FOR WHICH THE CONTRACT REQUIRES COVERAGE
FOR COMPLETED OPERATIONS
+-----------------------------------------------------------------------+
I
Information required to complete this Schedule, if not shown above, -
will -be-shown -in -the Declarations_--- ----------------------------
CG 20 10 04 13
Copyright, Insurance Services Office, Inc., 2012
MUS 90-16877-04 01 181
07-11-18
PAGE 001 of 002
#03
ADDITIONAL INSURED - OWNERS LESSEES OR
CONTRACTORS - SCHEDULED OERSON OR
ORGANIZATION - CONTINUED
A. Section II - WHO IS AN INSURED is amended to include as an additional
insured the person(s) or organization(s) shown in the Schedule, but
only with respect to liability for bodily injury", "property damagge'
or personal and advertising injury caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf;
in the performance of our ongoing operations for the additional
insured(s) at the loca ion(s) designated above.
However:
1. The insurance afforded to such additional insured only applies to
the extent permitted by law; and
2. If coverage provided to the additional insured is required by a
contract or agreement, the insurance afforded to such additional
insured will not be broader than that whichyou are required by
the contract or agreement to provide for such additional insured.
B. With respect to the insurance afforded to these additional insureds,
the following additional exclusions apply:
This insurance does not apply to "bodily injury" or "property damage'
occurring after:
1. All work, including materials, parts or equipment furnished in
connection with such work, on the project (other than service,
maintenance or repairs) to be performed by or on behalf of the
additional insureds) at the location of
has been completed; or the covered operations
2. That portion of "your work" out of which the injury or damage
arises has been put to its intended use by any person or
organization other than another contractor or subcontractor
engaged in performing operations for a principal as a part of the
same project.
C. With respect to the insurance afforded to these additional insureds,
the following is added to SECTION III - LIMITS OF INSURANCE:
If coverage provided to the additional insured is required by a
contract or agreement, the most we will pay on behalf of the
additional insured is the amount of insurance.
1. Required by the contract or agreement; or
2. Available under the applicable Limits of Insurance shown in the
Declarations;
whichever is less.
This endorsement shall not increase the applicable Limits of
Insurance shown in the Declarations.
CG 20 10 04 13
Copyright, Insurance Services Office, Inc., 2012
MUS 90-16877-04 01 181
07-11-18
PAGE 002 of 002
COMMERCIAL GENERAL LIABILITY
CG 20 01 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY
-
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the OTHER INSURANCE Condition and supersedes
any provision to the contrary:
PRIMARY AND NONCONTRIBUTORY INSURANCE
This insurance is primary to and will not seek contribution from any
other insurance available to an additional insured under your policy
provided that:
(1) The additional insured is a Named Insured under such other
insurance; and
(2) You have agreed in writing in a contract or agreement that this
insurance would be primary and would not seek contribution from
any other insurance available to the additional insured.
CG 20 01 04 13
Copyright, Insurance Services Office, Inc., 2012
MUS 90-18877-04 01 181
07-11-18
PAGE 001
00219
City of Round Rock
ROUND ROCK Agenda Item Summary
Tm'
Agenda Number:
Title: Consider executing an Agreement with Musco Lighting, LLC for the purchase
of field lighting and warranties for various City parks and sports fields.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 8/31/2018
Dept Director: Director, Rick Atkins
Cost: $32,585.00
Indexes: General Fund
Attachments: LAF - Agreement with Musco Lighting, LLC for field lighting and warranties
(Re -Lamp Project) 08 1518 (00408512xA08F8).pdf, Agreement Musco
Sports Lighting,pdf, Back-up Musco Sports Insurance.pdf
Department: Parks and Recreation Department
Text of Legislative File CM -2018-1840
Consider executing an Agreement with Musco Lighting, LLC for the purchase of field
lighting and warranties for various City parks and sports fields.
This is for the purchase of additional warranty re -lamps for the Musco Sports Lighting at
various parks and facilities. The vast majority of our sports lighting systems have 20 or 25
year warranties on the system and light levels. The warranty includes monitoring of the
system for issues, repairs if necessary and a certain number of re -lamps over the life of the
warranty. The warranty is based on an approximation of annual hours of use over a period
of 20 or 25 years to determine a total hours of use covered under the warranty. Due to the
high level of use at our sports facilities/ fields, the City's annual usage is higher than
warranty program projected for a couple facilities. Therefore, the 25 year warranty will
expire early unless the City purchases an additional re -lamp to extend the total hours of
use covered under the warranty. This warranty program is extremely beneficial to the City
in that Musco monitors the lighting systems and notifies us of any issues before they
become a bigger issue, and pays for the labor and materials needed to repair/replace
components or fixtures. If the City does not purchase an additional re -lamp under the
warranty, many of the light system warranties will expire between 5-10 years earlier than
originally expected meaning the City will have to pay for any repairs/re-lamps needed.
City of Round Rock Page f Printed on W112016
Agenda Item Summary Continued (CM --2018-1840)
The additional re -lamps will occur at OSP Tennis Complex, The Bluff Field at Memorial
Park and the Skate Park.
Cost., $32,585.00
Source of Funds: General Fund
Chy of Round Rock Page 2
Printed on 8/31/2018