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R-2019-0257 - 6/27/2019 RESOLUTION NO. R-2019-0257 WHEREAS, the City of Round Rock ("City") desires to purchase certain services, tennis court lighting and installation services for the Frontier Park Improvement Project, and WHEREAS, the City is a member of the Buy Board Cooperative Purchasing Program ("Buy Board"), and WHEREAS, Musco Sports Lighting, LLC is an approved vendor of the Buy Board, and WHEREAS, the City desires to purchase certain goods and services from Musco Sports Lighting, LLC through Buy Board,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Purchase and Installation Services of Tennis Court Lighting at Frontier Park with Musco Sports Lighting, LLC, a copy of said Agreement being attached hereto as Exhibit "A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 27th day of June, 2019. CRAIGORGA ayor City of Round Ro , Texas ATTEST: SARA L. WHITE, City Clerk 0112.1902;00426012 EXHIBIT CITY OF ROUND ROCK AGREEMENT FOR PURCHASE AND INSTALLATION SERVICES OF TENNIS COURT LIGHTING AT FRONTIER PARK WITH MUSC'O SPORTS LIGHTING,LLC THE STATE OF TEXAS § CITY OF.ROUND ROCK § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § COUNTY OF TRAVIS § THAT THIS AGREEMENT for the purchase of TENNIS COURT lighting and installation services at FRONTIER PARK located in Round Rock, Texas, and for related goods and services (referred to herein as the "Agreement"), is made and entered into on this the day of the month of , 2019 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 services, TENNIS COURT lighting and installation services for the FRONTIER PARK IMPROVEMENT PRO.II cT, 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: 1.01 DEFINITIONS A. Agreement means the binding legal contract between City and Vendor whereby City is obligated to buy specified goods and services and Vendor is obligated to provide said goods and services. The Agreement includes Vendor's Proposal dated APRIL 9th,201.9(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,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 or extended as provided herein. B. This Agreement shall terminate upon the purchase and installation of all goods and services as described in Exhibit"A." C. 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(l)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 pasties 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 EIGHTY T14REE THOUSAND! FIVE HUNDRED TWENTY And 00/100 Dollars $83 520 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 plumber; 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 3 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 211-5 1., 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 making 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 froin Federal Excise and State Sales Tax; therefore, tax shall not be included in Vendor's charges. 11.01 ORDERS PLACED WITH.ALTERNATE SERVICES PROVIDERS 4 If Vendor cannot provide the goods as specified, City reserves the right and option to obtain the products from another supplier or supplier. 12.01 CITY'S REPRESENTATIVE City hereby designates the following representative authorized to act in its behalf with regard to this Agreement: Katie Baker Park Development Specialist Parks and Recreation Department 301. West Bagdad Avenue, Suite 250 Round Rock, Texas 78664 (512) 341-3355 13.01 INSURANCE Vendor shall meet all City of Round Rock insurance requirements set forth at: l tf � w �w.ic r clt�c Icte E �.�=t.v��v Ac�c�n e� ` pl ��c1 12{l14f i s i asc�ranc, l)//.20112.x. :t 4.01 RIGHT TO ASSURANCE E 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 otherparty 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 5 B. 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. 6 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 100 1"Avenue West P.O. Box 808 Oskaloosa, IA 52577 Notice to City: 7 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. 21.01 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 of this Agreement be determined void. 8 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 set-vices, 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 timeframes 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 doctunent; and all of which, when taken together, shall constitute one and the same instrument. 3 [Signatures appear on the following page.] s IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates indicated. City of Round Rock,Texas Musco Spar ;ig ing,LLC By: Printed Name: P1,111 Na, ames M. Hansen .................. Title: Title: Secretary Date Signed: Date Signed: May 14,2419 Attest: By: ........... . ... Sara L. White, City Clerk For City,Approved as to Form: By: Stephan L. Sheets,City Attorney Exhibit"A" Vendor's.i'roposal ia 8 f Project: Frontier Park Tennis Courts Round Rock,TX Ref: 167148 Date: April 9, 2019 BuyBoard Master Project: 146396,Contract Number:512-16,Expiration:09/30/2019 Commodity:Parks/Rec&Field Lighting Quotation Price—Materials Delivered to Job Site and Installation TennisCourt- .............. ..............s...........,.....,... ..,.......,,......................................$83,520 Sales tax(if applicable)is not included. Pricing furnished is effective for 60 days unless otherwise noted and is considered confidential. Light-Structure System with Total tight Control—TLC for LED''technology Guaranteed Lighting Performance • Guaranteed light levels of 30 footcandles and uniformity of 2.0:1.0 System Description-Light-Structure System • (4)Pre-cast concrete bases with integrated lightning grounding • (4)50'Galvanized steel poles * Factory wired and tested remote electrical component enclosures • Pale length,factory assembled wire harnesses • Factory wired poletop luminaire assemblies • (12)Factory aimed and assembled luminaries • UL Listed as a complete system • Player activated strobe Control Systems and Services • Control-Link®System for remote on/off control and performance monitoring with 24/7 customer support Operation and Warranty Services • Reduction of energy and maintenance costs by 50%to 85%over typical 1500W metal halide equipment • Product assurance and warranty program that covers materials and onsite labor,eliminating 100%of your maintenance costs for 25 years • Support from Musco's Lighting Services Team—over 170 Team members dedicated to operating and maintaining your lighting system—plus a network of 1800+contractors Installation Services Provided See attached. OW 02016,2017 Musco Sports Lighting,LLC 1 N...... ...... 77 Payment Terms Email or fax a copy of the Purchase Order to Musco Sports Lighting,LLC&BuyBoard: Musco Sports Lighting,LLC BuyBoard Cooperative Purchasing Attn:Ryan Tighe Attn:Sharon McAfee Fax:800-374-6402 Fax:800-211-5454 Email:musco.contracts@musco.com Email:info@buyboard.com All purchase orders should note the following: BuyBoard purchase—Contract Number:512-16 Delivery Timing 6-8 weeks for delivery of materials to the job site from the time of order,submittal approval,and confirmation of order details including voltage,phase,and pole locations. Due to the built-in custom light control per luminaire, pole locations need to be confirmed prior to production.Changes to pole locations after the product is sent to production could result in additional charges. Notes Quote is based on: • Shipment of entire project together to one location Voltage and phasing to be confirmed prior to production. Structural code and wind speed=2012 IBC,115 MPH,Importance Factor 1.0. Owner is responsible for getting electrical power to the site,coordination with the utility,and any power company fees Includes supply and installation of Musco system including underground wiring and conduit,service entrance panel board,and controls by a licensed contractor. Standard soil conditions—rock,bottomless,wet or unsuitable soil may require additional engineering,special installation methods and additional cost E Confirmation of pole locations prior to production Thank you for considering Musca for your lighting needs.Please contact me with any questions or need additional details. Brant Troutman Senior Sales Representative Musco Sports Lighting,LLC Phone: 512-914-9500 E-mail: brant.troutman@musco.com Turnkey Scope of Work Customer Responsibilities: I. Complete access to the site for construction using standard two-wheel drive rubber tire equipment. 2. Locate existing underground utilities not covered by"One Cali"and mark all irrigation systems and sprinkler heads. Musco or Subcontractor will not be responsible for repairs to unmarked utilities. 3. Locate and mark field reference points per Musco supplied layout. 4. Pay for extra costs associated with foundation excavation in non-standard soils(rock,caliche,high water table, collapsing holes,etc.). Standard soils are defined as soils that can be excavated using standard earth auguring equipment. 02016.2017 Waco Sports Lighting,LLC 2. M-2189-enUS4 ................... ............ 5. Owner responsible for any power company fees and requirements. (If necessary). 6. Owner responsible for all permitting fees(payment). Contractor will obtain the required permitting. 7. Provide area on site for disposal of spoils from foundation excavation. 8. Provide sealed Electrical Plans.(If required) Musco Responsibilities: 1. Provide required poles,fixtures,and foundations. 2. Provide layout of pole locations and aiming diagram. 3. Provide Project Management as required. 4. Provide stamped foundation designs based on 2500psf soils. 5. Musco shall provide Performance and Payment Bonds in an amount equal to the total amount of bid.(Only if Required, Not included in quote) Musco Subcontractor Responsibilities: 1. Demo of existing poles and fixtures and haul off site. 2. Provide equipment and materials to off load equipment at jobsite per scheduled delivery. 3. Provide storage containers for material,(including electrical components enclosures),as necessary and waste disposal. 4. Provide adequate security to protect Musco delivered products from theft,vandalism or damage during the installation. 5. Obtain any required permitting. 6. Provide materials and equipment to upgrade electrical service panels as required or necessary, 7. Provide materials and equipment to install all underground conduit,wiring,pull boxes etc.and terminate wiring as required. 8. Provide one push button strobe in an owner designated location. 9. 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. 10. Provide materials and equipment to install(4) Light Structure®System foundations as specified on Layout. 11. Remove spoils to owner designated location at jobsite. 12. Provide materials and equipment to assemble(12)TLC-LED-400 fixtures and terminate all necessary wiring. 13. Provide equipment and materials to assemble and erect(4) Light Structure'System Poles. 14. Provide equipment and materials to install(1) Lighting Contactor Cabinet and terminate all necessary wiring. 15. Provide step down transformer for 120v control circuit if not available. 16. Contractor will commission Control-Link®by contacting Control-Link CentralT"'Service Center at(877-347-3319). 17. Check all Zones to make sure they work in both auto and manual mode. 18. 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. 19. Provide startup and aiming as required to provide complete and operating sports lighting system. 20. Provide as built drawings on completion of installation. f I { F t E '..... ,_ ,. ..... .... ... ML ali6c a C52016,2017 Musco sports Lighting,LLC -3- M-2169-enUS-A CERTIFICATE OF LIABILITY INSURANCE Instruction Sheet I. CERTIFICATE OF LIABILITY INSURANCE FORM The City of Round Rock's Certificate of Liability Insurance form provided herein or a standard ACORD form. 2. PRODUCER and INSURED-Please list name,address,phone number and e-mail. 3. COMPANIES AFFORDING COVERAGE — TDI number required. The TDI number can be obtained from the Texas Dept of Insurance Website: lttp:I/ tv .tl Male t .� f.—Company Lookup. Note:Exception to this rule.In certain instances where there is unusual risks involved,Surplus Lines Insurance Carriers can be used.Below are the guidelines: a. Insurance Company does not linve to lie"licensed in Texas" but they do have to be G"Mxihle for it Teras license." Please verify with the Texas Dept of Insurance Website:ittt;l:,,� � t�.t�ii>st<ts.ts.us.—Company Lookup b. Polis as to bL"4-ittC"_bY licensed su flus lines Agent. Also verify with the Texas Dept of Insurance Website:hl=�,tcl..>t4ttg.t;c�us/-Agent Lookup 4. TYPES OF INSURANCE COVERAGE— CONSTRUCTION CONTRACT: Please double check the General Conditions and the Supplemental Gencral Conditions for the types and amounts of insurance required. The Supplemental General Conditions usually state the following: a. Business Automobile Liability Insurance b. Workers' Compensation and Employers' Liability Insurance C. Commercial General Liability Insurance d. Builders' Risk Insurance— (Generally required for all "vertical"construction. Check with Project Manager for requirements.) FOR ALL OTHER CONTRACTS, PLEASE REFER TO THE INSURANCE SECTION FOR TYPE OF INSURANCE REQUIRED. (For example :Engineering Service Contracts usually require"professional liability insurance".) 5. EFFECTIVE DATE&EXPIRATION DATE Please make sure dates are current. 6. City of Round Rock must be listed on. the Certificate of Insurance as an additional insured (except Workers Compensation and Builders Risk). T Certificate must indicate that the insurance Company must give the City of:Round .Rock notice of any changes,cancellation,etc.at least thirty (30)days prior to date of change. 8. :Make sure Certificate is signed by an Agent Licensed in the State of Texas, this can also be found on the Texas Department of Insurance website -vt�����.ttli.ststte.t�.a�s—A ent I.ooku . a CERTIFICATE OF PROPERTY INSURANCE DAT/ 13/2019 Y) 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 INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. PRODUCER CONTACT `t:AMF., Aon Risk services Central, inc. t<tp2) G971400 FAx Omaha NE Office (AIC.No£xII - WC_NoJ� (402) 697-0017 11213 Davenport isrAIL. suite 201 �s:e ` ra«ot.trrea 4; Omaha NE 68154 USA CUSTOMERIOX 570000042244 G INSURERS AFFORDING COVERAGE NAIC>y 't7 INSURED INSURERA: Continental Casualty Company 20443 w MUSCO Sports Lighting, LLC INSURER B; � C/0 h1USCG Corporation INSURER C: 100 15t Ave w INSURER D: Oskaloosa IA 52577 USA INSURER E: INSURER F: COVERAGECOVERAGEgi CERTIFICATE NUMBER: 570076232680 REVISION NUMBER; LOCATION OF PREMISES/DESCRIPTION OP PROPERTY(Attach ACORD 101,Additional Remarks Schedule,if more space Is required) 'Re: Musco Project 167148 - Frontier Park Tennis courts. Business income is included in LOSS Limit Unscheduled Property - Short Term Equipment Leased, Borrowed or Rented from others Limit $500,000 with $10,000 Deductible 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 REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS o CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, co EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. r l INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION COVERED PROPERTY LIMITS a LTR DATE(MMIDD/YYYY)DATE(MMIDDIYYYY) PROPERTY L ROI ERTY BUILDING o CAUSES OF LOSS DEDUCTIBLES PERSONAL PROPERTY Lon BASIC BUILDING BUSINESS INCOME BROAD EXTRA EXPENSE LLJ CONTENTS pp SPECIAL RENTAL VALUE EARTHQUAKE BLANKET BUILDING z BLANKET PERS PROP WIND Q FLOOD BLANKET BLDG&PP U LL h 1JJ U X INLAND MARINE TYPE OF POLICY CAUSES OF LOSS POLICY NUMBER X NAMED PERILS CRIME TYPE OF POLICY BOILER&MACHINERY I EQUIPMENT BREAKDOWN Ato SPECIAL CONDITIONS I OTHER COVERAGES(ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY City of Round ROCk, TX PROVISIONS. 221 East Main Round Rock TX 78664-5229 USA AUTHORIZED REPRESENTATIVE / Kulr�aKfm L4 M. O 1995-2015 ACORD CORPORATION.All rights reserved. ACORD 24(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000042244 AC:"J ` ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMEPlN8URE0 Aon Risk Services Central, Inc. POLICY NUMBER Musco Sports Lighting, LLC See Certificate Number: 570076232680 CARRIER NAIC CODE see Certificate Number: 570076232680 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 24 FORM TITLE: Certificate of Property Insurance INSURER(S)AFFORDING COVERAGE NAIC)k INSURER INSURER INSURER INSURER Ira policy below does not include limit information,refer to the corresponding policy on the ACORD ADDITION:AI,POI. UES certificate form for policy limits. INSR 1WE OF INSURANCE: POLICY NUN113ER POLICY EFFEC FIVE; POLICY EXPlItSFION COVERED PROPERTY UNIfFS LTR 0KrE(MM/DD/VYVV) DATE(MM/DD/YYYV) INLAND MARINE A Contractors Eqp c6014214903 07/0:1./20:18 07/01./2019 Reporting Form- $1,000,000 Installtn Flotr ... .. ...... ACORD 101(2008/01) ®2408 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE UATo(M13.!?019YY/) 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 INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. z IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)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 endorsement(s). PRODUCER CONTACT CJ Aon Risk Services Central, Inc. �Ae,te' 2 HaN Omaha NE Office (ArC,.�n.Exf); �'�j,'�-,�,�, 0102) fi97697-0017 � (402) 697-1400 11213 ozvenport E-MAIL T7- � Suite 201 ADD17ESS: Omaha NE 68154 USA INSURER(S)AFFORDING COVERAGE MAIC q INSURED INSURER A: sentry Insurance A .Mutual Company 24988 Musco sports Liqhtinq, LLC INSURER B: sentry casualty company 1.8460 c/o Musco Corporation 100 .1.st Ave to INSURER C: Travelers Property Cas Co of America 25674 Oskaloosa IA 52577 USA INSURER D: INSURER E; INSURER F: COVERAGES CERTIFICATE NUMBER: 57007,3232355 REVISION NUMBER, THIS 18 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW NAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,TI•iE 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 LTR TYPE OF INSURANCE �l 1st) 10 D. POLICY NUMBER O0410121yl`r`Y MIN11 IOIYYYY. LIMITS { X COMMERCIAL GENERAL LIABILITY 9-Mb U4 U IU /LU U//Ul/euiql EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR13n ~' RIZ L 4300 000 PREMISES Ea occurrence MED EXP(Any one person) $10,000 PERSONAL SADV INJURY $1,000, LO 000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $2,000,000 cv POLICY PRO- OX JECT LOC PRODUCTS-COMPIOPAGG 52,000,000 uo OTHER: o 0 A AUTOMOBILE..LIABILITY 901687703 07/01/2018 07/101/2019 COMBINED SINGLE LIMIT $1,000,000 (Ea cclr n. X ANYAUTO BODILY INJURY(Per person) Z OWNED SCHEDULED BODILY INJURY(Per accident) 2AUTOS ONLY AUTOS R X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE O ONLY AUTOS ONLY Paraccidenl C X UMBRELLA LIAB X OCCUR ZUP6.1M99.1771.8NF 07/01/2018 07/01/2019 EACH OCCURRENCE b25,000,000 U EXCESS L1AB CLAIMS-MADE AGGREGATE S25,000,000 DED X RETENTION$10,000 B WORKERS COMPENSATION AND 90168-77-6-1 C!7% 171 107'/01/2019PER STATUTE OTH EMPLOYERS'LIABILITY Y N X ANY PROPRIETOR i PARTNER I EXECUTIVE OFFiCERIMEMBER EXCLUDED? i.l NIA E L EACH ACCIDENT $1,000,000 _�� i'da s,desUes y in NH)cnba under 4--.-.. :r aE.L.DISEASE-EA EMPLOYEE $1,000,000 y DESCRIPTION OF OPERATIONS below E L.DISEASE-POLICY LIMIT $1,000,006-------------- --- �Ilr amici DESCRiPTlON OF OPERATIONS!LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re: Musco Project 167148 - Frontier Park Tennis Courts, The City of Round Rock, TX, its officers, employees and elected officials are included as Additional Insured in accordance with �-.� the policy provisions of the General Liability able to an Additional Insurand Automobile Liability policies. General Liability evidenced herein is Primary '_Z:j and Non-Contributory to other insurance availed, but only in accordance with the policy's ,. provisions. A waiver of subrogation is granted in favor of the City of Round Rock, TX, its officers, employees and elected officials -in accordance with the policy provisions of the General Liability, Automobile Liability and workers' compensation policies. CERTIFICATE HOLDER CANCELLATION SFIOULD 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 Rack, TX AUTHORIZED REPRESENTATIVE ZZ., 221 East Main Round Rock TX 78664-5229 USA 01888-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION - CERTIFICATE HOLDERS This endorsement modifies the coverage provided under the following: BUSINESSOWNERS COVERAGE FORM COMMERCIAL AUTOMOBILE COVERAGE PARTS COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PARTS COMMERCIAL EXCESS/UMBRELLA LIABILITY COVERAGE FORM EMPLOYMENT RELATED PRACTICES LIABILITY POLLUTION LIABILITY COVERAGE ERRORS AND OMISSIONS COVERAGE FORM In the event we can cancel this policy, we shall endeavor to also mail to the person(s) or organization(s) listed in the Schedule for this endorsement, advance written notice of cancellation. This notification of cancellation of the policy is intended as a courtesy only. Our failure to provide such notification to the person(s) or or anization(s) shown in the Schedule will not extend any policy cancel- la ion date nor impact or negate any cancellation of the polic . This endorsement does not entitle she person(s) or organization(s) Yisted or described in the Schedule below to any benefit, rights or protection under this policy. Failure by us to rovide this notice of cancellation to the person(s or organization(s� listed or described in the Schedule below will no impose liability of any kind upon us. Any of these provisions that conflict with a law that controls the notice of cancellation of the insurance in this endorsement is changed by this statement to comply with the law. SCHEDULE Person(s) or Organization(s) including mailing address: PER LIST ON FILE WITH AGENT 30 DAY NOTICE OF CANCELLATION All other terms and conditions of this policy remain unchanged. IL 70 58 02 14 MUS 90-16877-04 01 181 07-16-18 PAGE 001 PERFORMANCE BOND Travelers Casualty and Surety Company of America Hartford, CT 06183 Bond No.: 107089919 CONTRACTOR: SURETY: (Marne, legal status and address) (Name, legal status and principal place of business) Musco Sports Lighting,LL,C Travelers Casualty and Surety Company of America 100 1st Avenue,West One Tower Square 2SHS Oskaloosa,IA 52577 Hartford,CT 06183 OWNER: (Name, legal status and address) City of Round Rock 301 West Bagdad,Suite 250 Round Rock,TX 78664 CONSTRUCTION CONTRACT Date: Amount: $83,520.00 Description: (Marne and location) Frontier Park Tennis Courts,Project No.167148 BOND Date: (Not earlier than Construction Contract Date) Amount: 583,520.00 Modifications to this Bond: None YES See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: ( .'rporate Seal) Company: g (Corporate Seal) 1Lusco Sports I.itilYti t..1 Travelers Casualty ae d'yu cry(er i any Arica Signature: s Signature: Name and Title: Name and itV Dean M.('txrk,Attorney-in-Fact (Any additional s1917C1111 appetrr n the last page of this Performance Bond.) (FOR INFORMATION OiVLY Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Reynolds&Reynolds,Inc. (Architect, Engineer or other party) 300 Walnut, Suite 200 Des Moines,to 50309 515-243-1724 §1 The Contractor and Surety,jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. §2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond,except when applicable to participate in a conference as provided in Section 3. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default.Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference,the Surety may, within five(5) business days after receipt of the Owner's notice,request such a conference. If the Surety timely requests a conference,the Owner shall attend. Unless the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the The Company executing this bond vouches that this document conforms to American.institute of Architects Document A312,2010 edition I Owner's notice. If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall nat waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. §4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. §5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions: §5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; §5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; §5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or §5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined,make payment to the Owner;or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. §G If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. §7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal,design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or failure to act of the Surety under Section 5;and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. §8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond. §9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations,No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. §10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts,purchase orders and other obligations. §11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 2 to perform its obligations under this Bond,whichever occurs first.if the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. §13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §14 Definitions §14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. §14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. §14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. §14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §15 if this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. §16 Modifications to this bond are as follows: SEE LIMITED MAINTENANCE PROVISION RIDER ATTACHED HERETO AND MADE A PART HEREOF (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (C'orporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 3 PAYMENT BOND Travelers Casualty and Surety Company of America Hartford, CT 06183 Bond No.: 107089919 CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place of business) Ntusco Sports Lighting,LLC 'Travelers Casualty and Surety Company of America 100 1st Avenue,West One Tower Square 2SIIS Oskaloosa,1A 52577 Hartford,CT 06183 OWNER: (Name, legal status and address) City of Round Rock 301 West Bagdad,Suite 250 Round Rock,TX 78664 CONSTRUCTION CONTRACT Date: Amount: $83,520.00 Description: (:Name and location) Frontier Park Tennis Courts,Project No.167148 BOND Date: (Not earlier than Construction Contract Date) Amount: $83,520.00 Modifications to this Bond: None Yl!',S See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Col rrtte Seal) Company: ,(Corporate,Seal) Museo Sports bighting .C.` Travelers C;awalty,atic!.'i€rc'*"onz FCt9 A rt €r ca Signature: "" Signature: Name and'Title: Name and'Title: Dean M.Clar ,,Attorney-in-Fact (At7y additional signatures ear on tlast page of'this Payment Bond.) (FOR INFORIVf1i'ION ONI.,Y A ome, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Reynolds&Reynolds,Inc. (Architect, Engineer or other party) 300 Walnut, Suite 200 Des Moines,IA .50309 515-243-1724 §1 The Contractor and Surety,jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference,subject to the following terms. §2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment The Company executing this bond vouches that this document conforms to American institute of Architects Document A312,2010 edition 1 furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. §3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13)of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims,demands, liens or suits to the Contractor and the Surety. §4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim,demand, lien or suit. §5 The Surety's obligations to a Claimant under this Bond shall arise after the following: §5.1 Claimants,who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim;and .2 have sent a Claim to the Surety(at the address described in Section 13). §5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety(at the address described in Section 13). §6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. §7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: §7.1 Send an answer to the Claimant,with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and §7.2 Pay or arrange for payment of any undisputed amounts. §7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. §8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3,and the amount of this Bond shall be credited for any payments made in good faith by the Surety. §9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. §10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf of,Claimants or otherwise have any obligations to Claimants under this Bond. §11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts,purchase orders and other obligations. . .......... The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 2 §12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(1) or(2)first occurs. If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. §14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. §16 Definitions §16.1 Claim.A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done,or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor,materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant;and .8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim. §16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor,materials or equipment for use in the performance of the Construction Contract.The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment"that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were furnished. §16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. §16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 3 §18 Modifications to this bond are as follows: SEE LIMITED MAINTENANCE PROVISION RIDER ATTACHED HERETO AND MADE A PART HEREOF (Space is provided below for additional signatures of'added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 4 Limited Maintenance Provision Rider To be attached to and form part of bond 107089919 issued by the Travelers Casualty and Surety Company of America on behalf of Musco Sports Lighting. LLC in the amount of I;i�ty Three't'housand Five Hundred Twenty Dollars and No/100ths---------($83,520.00) and dated in favor of City of Round.Rock, 301 West Bagdad, Suite:250 Round Rock, TX 78664 for Frontier Park Tennis Courts, Project No 167148 Principal and Surety shall guarantee that the work will be free of defective materials and workmanship for a period of Twelve (12)months following completion of the contract. Any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only, and the Surety assumes no liability for such a guarantee. MUSCO Sports Li hti ,.1.1I.1k By: Travelers CaN' lty a Spry; Company of America By: 1r, f Dean M. Clark ,Attorney-in-Fact Travelers Casualty and Surety Company of America �. VL�� Travelers Casualty and Surety Company SJ St. Paul fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Dean M.Clark of Des Moines Iowa their true and lawful Attomey-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 3rd day of February, 2017. J� riQkrV. ccom State of Connecticut f City of Hartford ss. Robert L.Raney,Se 16r Vice President On this the 3rd day of February,2017,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance Company, and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. My Commission expires the 30th day of June,2021 , t~r� Marib C.Tetreault,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St.Paul Fire and Marine Insurance Company,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman,the President, any Vice Chairman,any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President,the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman,the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance,contract of indemnity,or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St.Paul Fire and Marine Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this day of (•A1/M �N,p.,q;gdfrr �VF`tvr,th�� � NA�atap, '7F w ftAF4T6+URLR, i Ste. �,� Kevin E.Hughes,Assiltant Secretary To verify the authenticity of this Power of Attorney,please callus at 1-800-421-3880. Please refer to the above-named Attorney-in-Fact and the details of the bond to which the power is attached.