CM-2020-252 - 9/25/2020CITY OF ROUND ROCK AGREEMENT FOR
PURCHASE AND INSTALLATION SERVICES OF
SPORTS LIGHTING AT OLD SETTLERS PARK SAND VOLLEYBALL COURTS
WITH
MUSCO 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 sports lighting and installation services
at the Old Settlers Park Sand Volleyball Courts located in Round Rock, Texas, and for related
oods and services (referred to ere'
n the "Agreement"), is made and entered into on this the
ay of the month of 2020 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 1st Avenue West, P.O. Box 806, Oskaloosa, Iowa 52577
(referred to herein as "Vendor").
RECITALS:
WHEREAS, City desires to purchase certain services, sports lighting and installation
services for the Old Settlers Park Sand Volleyball Court Lighting Project 2020, 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 #592-19;
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:
00453156/ss2
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 August 7, 2020 (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 (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 Forty -Nine Thousand Five Hundred and No/100 Dollars ($49,500.00)
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
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 S 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 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 Manager
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:
http://www.roundrocktexas. og v/wp-content/uploads/2014/12/corr insurance 07.201 12.pdf.
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
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 1st 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.
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.
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 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 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 Round Rock, Texas Musco Sports L' ' g, LLC
By: By:
Printed Name: Print ame: James M. Hansen
Title: Title: Secretary
Date Signed' �b Date Signed: August 26, 2020
For City, r ved as to For
By: t
Stephan L.VSheets, City Attorney
Exhibit "A"
Vendor's Proposal
Date: August 7, 2020
To: City of Round Rock, Texas
Project: Old Settlers Park Volleyball
Round Rock, Tx
Musco Project No. 206616
BuyBoard
Master Project: 196290, Contract Number: 592-19, Expiration: 09/30/2020
Commodity: Parks and Recreation Equipment and Field Lighting Products and Installation
All purchase orders should note the following:
BuyBoard purchase - Contract Number: 592-19
Quotation Price - Materials Delivered to Job Site and Installation $49,500.00
Sales tax and bonding are not included.
Pricing furnished is effective for 60 days unless otherwise noted and is considered confidential.
Light -Structure System I Retrofit with Total Light Control - TLC for LED® technology
Guaranteed Lighting Performance
• Guaranteed light levels of 30 footcandles
System Description
• (2) Pre -cast concrete bases with integrated lightning grounding
• (2) Factory wired pole -top luminaire assemblies
• (6) Factory aimed and assembled LED luminaires
• Factory wired and tested remote electrical component enclosures
• Pole length, factory assembled wire harnesses
• Mounting hardware for poletop luminaire assemblies and electrical components enclosures
• Disconnects
• UL Listed assemblies
Control Systems and Services
• One (1) Player -activated pushbutton control system with strobe to provide timed on/off control
• One (1) 24" x 48" Control -Link® control and monitoring system to provide remote on/off and dimming
(high/medium/low) control and performance monitoring with 24/7 customer support
Operation and Warranty Services
• Reduction of energy and maintenance costs by 40% 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 scope of work]
02016, 2020 Musco Sports Lighting, LLC - 1 -
Payment Terms
Musco's Credit Department will provide payment details.
Email or fax a copy of the Purchase Order to Musco Sports Lighting, LLC:
Musco Sports Lighting, LLC
Attn: Amanda Hudnut
Fax: 800-3 74-6402
Email: musco.contracts@musco.com
All purchase orders should note the following:
BuyBoard purchase - Contract Number: 592-19
Delivery Timing
4 - 6 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.
Notes
Quote is based on:
• Shipment of entire project together to one location.
• Existing voltage and phase; to be confirmed prior to production.
• Structural code and wind speed = 2015 IBC,115 mi/h, Risk Category II, Exposure C, 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 (see scope of work) by a licensed contractor.
• Standard soil conditions - rock, bottomless, wet or unsuitable soil may require additional engineering, special
installation methods and additional cost.
• Confirmation of pole locations prior to production.
Thank you for considering Musco for your lighting needs. Please contact me with any questions or if you need
additional details.
Brant Troutman
Texas Field Sales Representative
Musco Sports Lighting, LLC
Phone: 512-914-9500
E-mail: brant.troutmanftmusco.com
02016, 2020 Musco Sports Lighting, LLC - 2 -
Old Settlers Park Volleyball
Round Rock, Tx
Turnkey Scope of Work
Customer Responsibilities:
1. Complete access to the site for construction using standard 2-wheel drive rubber tire equipment.
2. Locate existing underground utilities not covered by your local utilities. (i.e. water lines, electrical lines,
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. (i.e. home plate, center of FB field)
4. Pay for extra costs associated with foundation excavation in non-standard soils (rock, caliche, high water
table, collapsing holes, etc.) or soils not defined in geo-technical report. Standard soils are defined as
soils that can be excavated using standard earth auguring equipment.
5. Pay any necessary power company fees and requirements.
6. Pay all permitting fees.
7. Provide area on site for disposal of spoils from foundation excavation.
8. Provide area on site for dumpsters.
9. Provide sealed Electrical Plans. (If required)
Musco Responsibilities:
1. Provide required foundations, poles, electrical enclosures, luminaires, pole harnesses, and control
cabinets.
2. Provide layout of pole locations and aiming diagram.
3. Provide Project Management as required.
4. Provide stamped foundation designs based on 1500 psf soils.
5. Assist our installing subcontractor and ensure our responsibilities are satisfied.
Musco Subcontractor Responsibilities
General:
1. Provide labor, equipment, and materials to off load equipment atjobsite per scheduled delivery.
2. Provide storage containers for material, (including electrical components enclosures), as needed.
3. Provide necessary waste disposal and daily clean up.
4. Provide adequate security to protect Musco delivered products from theft, vandalism or damage during
the installation.
5. Obtain any required permitting.
6. Confirm the existing underground utilities and irrigation systems have been located and are clearly
marked in order to avoid damage from construction equipment. Repair any such damage during
construction.
7. Keep all heavy equipment off 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.
m o.■
02016, 2020 Musco Sports Lighting, LLC
-3-
B. Provide startup and aiming as required to provide complete and operating sports lighting system.
9. Installation to commence upon delivery and proceed without interruption until complete. Musco to be
immediately notified of any breaks in schedule or delays.
Foundations, Poles, and Luminaires:
1. Mark and confirm pole locations per the aiming diagram provided. If there are any issues, immediately
notify your Musco Project Manager.
2. Provide labor, materials, and equipment to install two (2) new LSS foundations as specified on Layout
and per the stamped foundation drawings, if applicable.
3. Remove spoils to owner designated location at jobsite.
4. Provide labor, materials, and equipment to assemble six (6) Musco TLC -LED luminaires, electrical
component enclosures, poles, and pole harnesses.
5. Provide labor, equipment, and materials to erect two (2) dressed existing LSS Poles and aim utilizing the
pole alignment beam.
Electrical:
1. Provide labor, materials, and equipment to reuse existing electrical service panels as required.
2. Provide labor, materials, and equipment to install all underground conduit, wiring, pull boxes etc. and
terminate wiring as required.
3. Provide as -built drawings on completion of installation, (if required).
Control System:
1. Provide labor, equipment, and materials to install one (1) Musco Control and Monitoring cabinet and
terminate all necessary wiring.
2. Provide labor, equipment, and materials to install one (1) player activated push-button with strobe light
and terminate all necessary wiring.
3. Provide a dedicated 120 V 20 A controls circuit or a step-down transformer for 120 V control circuit if
not available.
4. Provide a dedicated 20 A breaker connected to all available phases for powerline communication.
5. Check all zones to make sure they work in both auto and manual mode.
6. Commission Control -Link® by contacting Control Link Central'"" at 877-347-3319.
02016, 2020 Musco Sports Lighting, LLC . 4 .
CODE OF CONDUCT
In order to maintain a high -quality jobsite and installation, Subcontractor represents to Musco that it has the
supervision necessary to, and shall train, manage, supervise, monitor, and inspect the activities of its employees
for the purpose of enforcing compliance with these safety requirements. Subcontractor acknowledges that
Musco does not undertake any duty toward Subcontractor's employees to train, manage, supervise, monitor,
and inspect their work activities for the purpose of enforcing compliance with these safety requirements, but
Subcontractor agrees to abide by any reasonable recommendations made by Musco or Musco representatives
with respect to safety.
Subcontractor agrees that it is or will be familiar with and shall abide by the safety rules and regulations of
Musco and the Owner, including, but not limited to the Occupational Safety and Health Act of 1970 (OSHA), all
rules and regulations established pursuant thereto, and all amendments and supplements thereto.
Subcontractor further agrees to require all its employees, subcontractors, and suppliers to comply with these
requirements. Subcontractor shall also observe and comply with all laws with respect to environmental
protection applicable to the Project.
Subcontractor shall require all its subcontractors, employees, visitors, suppliers, and agents under its direction
to comply with the following:
1. GENERAL JOBSITE SAFETY AND CLEANLINESS.
a. Subcontractor's employees and agents shall be required to wear appropriate personal protective
equipment including, but not limited to, safety glasses with side shields, work shoes, fall protection
devices, and hard hats.
b. Where a walking or working surface has an unprotected side or edge which is six feet or more above a
lower level, Subcontractor shall use guardrail systems, safety net systems, or personal fall arrest
systems.
c. Jobsite shall be kept free of debris including, but not limited to, cardboard and packing materials which
can become windborne.
d. Construction equipment shall be parked during non-use in an orderly fashion so as not to create
inconvenience to others using the jobsite.
e. Subcontractor shall provide for and ensure the use of safety equipment for the Project in accordance
with Musco's and Owner's safety requirements, to the extent these may be stricter than federal, state,
or local standards, or generally recognized industry applicable standards.
f. Subcontractor shall provide the Musco project manager with an "Emergency List" showing
Subcontractor's designated medical doctor, hospital, insurance company, and any other health service
providers, such list to be updated within 24 hours of any change in the information provided.
®2016, 2020 Musco Sports Lighting, LLC - 5 -
g. Within eight (8) hours from the time of an accident (or such shorter period as laws may require),
Subcontractor shall advise Musco of any accident resulting in injury to any person or damage to any
equipment or facility. Upon request, Subcontractor shall promptly furnish Musco with a written report
of any such accident as well as a copy of all insurance and worker's compensation claims involving the
Project.
h. Subcontractor shall maintain and inspect all construction equipment, including cranes and other lifting
equipment, prior to each use. Subcontractor warrants that all equipment operators shall be qualified for
each piece of construction equipment they intend to operate. Documentation of specific training is the
responsibility of the Subcontractor.
L Jobsite shall be policed daily for compliance to the above conditions.
j. Subcontractor's employees and agents are prohibited from using drugs and alcohol on the Project
property or being under the influence of alcohol or drugs while performing work on the Project. Anyone
observed participating in or observed under the influence will be removed from the Project immediately
and prohibited from returning, with no exceptions.
2. CONFORMANCE TO STANDARD MUSCO INSTALLATION GUIDELINES.
a. Review and understand installation instructions are provided with every product installation.
b. Education of installation personnel to allow for highest efficiency and lowest possibility of failure.
c. Verify that components have been assembled per Musco installation instructions.
d. Verify plumb of concrete foundations prior to standing of poles.
3. PROVIDING A QUALITY INSTALLATION TEAM.
a. Subcontractor's work directly reflects the quality of the installation and may indirectly relate to the
quality of the product upon which Musco's reputation is built.
b. Provide and maintain quality installation equipment. Records of maintenance and/or calibration shall be
provided upon request.
c. Personnel shall be knowledgeable in operation of equipment as well as installation of Musco product.
d. All personnel provided by Subcontractor shall understand the relationship developed by and between
Subcontractor and Musco, also by and between Musco and the customer, and act accordingly.
0000
MUSCOM
02016, 2020 Musco Sports Lighting, LLC
-6-
City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing an Agreement with Musco Sports Lighting, LLC for
lighting at the Old Settlers Park sand volleyball courts.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 9/25/2020
Dept Director: Rick Atkins, Director
Cost: $49,500.00
Indexes: Parks Improvement & Acquisition Fund
Attachments: Backup Musco Lighting Sand Volleyball 1090_001, LAF - Agreement with
Musco Sports Lighting for Lighting at OSP Sand Volleyball C
Department: Parks and Recreation Department
Text of Legislative File CM-2020-252
This item will authorize the City Manager to execute an agreement with Musco Sports Lighting, LLC
for the installation of LED sports lighting at the sand volleyball courts at Old Settlers Park. This
project will utilize the light pole bases that were removed and stored after the renovations at the
Soccer Fields at Old Settlers Park. By reusing the existing light pole bases, PARD will be able to
install these lights for a lower cost than all brand new lights. The addition of the lights at the courts
will allow extended free play, as well as extended programming and league play.
Cost: $49,500.00
Source of Funds: Parks Improvement and Acquisition Fund
City of Round Rock Page 1 of 1