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HomeMy WebLinkAboutResolution - 2022-R0296 - PO 90500058 with MUSCO Sports Lighting 6.28.22Resolution No. 2022-RO296 Item No. 4.13 June 28, 2022 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Purchase Order 90500058, as per BuyBoard Contract 592-19, for the purchase and installation of Automated Lighting on Lubbock Youth Sports Complex Field 16, by and between the City of Lubbock and Musco Sports Lighting, LLC, of Oskaloosa, Iowa, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on June 28, 2022 6 W-ovz"40�1--- - TRAYPAYNr t#YOR ATTEST: Garza, City (APPROVED AS TO CONTENT: Brooke Witcher, Assistant City Manager AS TO FORM: Wan oo , Assistant City Attorney RESTO 90500058-Musco Sports Lighting, LLC 6.8.22 Page - 1 T City of `` ubb o c PURCHASE ORDER Date - 6/7/2022 TEXAS Order Number 90500058 000 OP Branch/Plant 92767 TO: MUSCO SPORTS LIGHTING LLC PO BOX 808 OSKALOSSA IA 52577-0808 SHIP TO: CITY OF LUBBOCK - CENTRAL 308 MUNICIPAL DRIVE LUBBOCK TX 79403 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: 1�f Marta Alva Director of Purchasing & Contract Management Ordered 6/14/2022 Freight Requested 8/23/2022 Taken By Delivery PER M CHACON RE 58939 BUYBOARD #592-191 PUR 16667 K MORGAN If you have any questions about this order, please contact Mariana Chacon at 806-775-2664 or via email at MChacon@mylubbock. us Description/Supplier Item Ordered Unit Cost —UM—Extension Request Date Baseball Field 16 300' x 300' 1.000 276,859.0000 EA 276,859.00 8/23/2022 Total Order Terms NET 30 276,859.00 INSURANCE REQUIREMENTS: PER ATTACHMENT A This purchase order encumbers funds in the amount of $276,859.00 awarded to Musco Sports Lighting, LLC of Oskaloosa, IA, on June 28 , 2022. The following is incorporated into and made part of this purchase order by reference: Quote dated May 19, 2022, from Musco Sports Lighting, LLC of Oskaloosa, IA, and BuyBoard Contract 592-19. Resolution # 2022-RO296 CITY LUB TraWne, Mayo ATTEST: —V AA � .4 9. Rebect Garza, City Secretary Rev. 3/2022 Seller and Buyer agree as follows: PURCHASE ORDER TERMS AND CONDITIONS STANDARD TERMS AND CONDITIONS ACCEPTANCE OF THIS PURCHASE ORDER: CONTRACTOR ACKNOWLEDGES. by supplying any Goods or Services that the Contractor has read. fully understands. and will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by the carries. In the event of conflict between the City's terms and conditions and any terns and conditions provided by the Contractor. the terms and conditions provided herein shall prevail. The terms and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting terms shall be of no force or effect. 1. SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and pennariently marked as follows (a) Seller's name and address, (b) Consignee's name, address and purchase order or purchase release number and the supply agreement number if applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the number of the container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods shall be suitably packed to segue lowest transportation costs and to conform with requirements of common carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under reservation and no tends of a bill of lading will operate as a tender of goods. 3. TITLE AND RISK OF LOSS. The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points ofdelivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER Every tender of delivery of goods must fully comply with all provisions of this contract as to time of delivery, qualityand the hire. If a tender is made which does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender, provided, where the time for performance has not yet expired, the Seller may reasonably notify Buyer of his intention to cure and may then make a conforming tender within the contract time but not afterward. 5. INVOICES & PAYMENTS. a. S e I I e r shall submit separate invoices, in duplicate, one each purchase order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase release number and the supply agreement number if applicable. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading, and the feight waybill when applicable, should be attached to the invoice. Mail To: Accounts Payable, City of Lubbock, P. 0. Box 2000, Lubbock, Texas 79457. Payment shall not be due until the above instruments are submitted after delivery. 6. GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without liability to Sella if it is determined by Buyer that gratuities, in the fmrm of entertainment, gifts or otherwise, were offered or given by the Seller, or any agent or representative of the Seller, to any officer or employee of the City of Lubbock with a view to securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such a contract. In the event this contract is canceled by Buyer pursuant to this provision, Buyer shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuities. 7. SPECIAL TOOLS & TEST EQUIPMENT. if the price stated on the face hereof includes the cost of any special tooling or special test equipment fabricated or required by Sella for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such. 8. WARRANTY -PRICE. a. The price to be paid by the Buyer shall be that contained in Seller's bid which Seller warrants to be no higher than Seller's current process on orders by others for products of the kind and specification covered by this agreement for similar quantities under similar of like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the Seller's current prices on orders by others, or in the alternative. Buyer may cancel this contract without liability to Seller for breach or Seller's actual expense. b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach of vitiation of this warranty the Buyer shall have the right in addition to any other right of rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover without liability and to deduct from the contract price, or otherwise recover the full amount ofsuch commission, percentage, brokerage or contingent fin. 9. WARRANTY -PRODUCT. Sella shall not limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of the Buyer. Seller warrants that the goods f rmished will conform to the specification, drawings, and descriptions listed in the bid invitation, and to the sample(s) frnished by the Seller, if any. In the event of a conflict or between the specifications, drawings, and descriptions, the specifications shall govern Notwithstanding any provisions contained in the contractual agreement, the Seller represents and warrants fault -free performanceand fault -free result in the processing date and date related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract The obligations contained herein apply to products and services provided by the Seller, its sub- Seller or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock wrier this Contract Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to lamination or default. The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation of the Seller's liability which may be specified in this Contact, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 10. SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event the product does not conform to OSHA standards, Buyer may rerun the product for correction or replacement at the Seller's expense. In the event Seller fails to make the appropriate correction within a reasonable time, correction made by Buyer will be at the Seller's expense. 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for sale Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement will give rise to the rightful claim of any third person by way of infringement of the like. Buyer makes no warranty that the production of goods according to the specification will not give rise to such a claim, and in no event shall Buyer be liable to Seller for indemnification in the event that Seller issued on the grounds of infringement of the lice. If Seller is of the opinion that an infringement or the lice will result, he will notify the Buyer to this effect in writing within two weeks after the signing of this agreement If Buyer does not receive notice and is subsequently held liable for the infringement or the like, Seller will save Buyer harmless. If Seller in good faith ascertains the production of the goods in accordance with the specifications will result in infringement or the like, the contract shall be null and void. 12. NON APPROPRIATION. All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of nonappropnation of furls by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs fast. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination 13. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting them 14. CANCELLATION. Buyer shall have the right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any of the teens hereof including warranties of Seller or if the Sella becomes insolvent or commits acts of bankmptcy. Such right of cancellation is in addition to and not in lieu of any other remedies which Buyer may have in law or equity. in accordance with this provision. Termination of work hereunder shall be effected by the delivery of the Sella of a "Notice of Termination" specifying the extent to which performance of work under the order is terminated and the date upon which such termination becomes effective. Such right or termination is in addition to and not ir, lira of the rights of Buyer set forth in Clause 14, herein 16. FORCE MAJEURE. Neither party shall be held responsible for losses, resulting if the fulfillment of any terns of provisions of this contract is delayed or prevented by any cause not within the control of the party whose performance is interfered with, and which by the exercise of reasonable diligence said party is unable to prevent. 17. ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written permission of the Buyer. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purpose unless made in conformity with this paragraph. 18. WAIVER. No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 19. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and performance provided by Buyer in its advertisement for bids, and any other documents provided by Seller as part of his bid, is intended by the parties as a final expression of thew agreement and intended also as a complete and exclusive statement of the terns of thew agreement. Whenevera tern defined by the Uniform Commercial Code is used in this agreement, the definition contained in the Code is to control. 20. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code. Wherever the term "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. 21. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to question the other parry's intent to perform he may demand that the other party give written assurance of his intent to perfomt In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract. 22. INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may in anywise accrue against the Buyer in consequence of the granting of this Contract or which may anywise result therefrom, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Seller or its employees, or of the subSeller or assignee or its employees, if any, and the Sella shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom of incurred in connection therewith, and, if anyjudgment shall be rendered against the Buyer in any such action, the Seller shall, at its own expenses, satisfy and discharge the same Seller expressly understands and agrees that any bond required by this contract, or otherwise provided by Seller, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Buyer as herein provided. 23. TIME. It is hereby expressly agreed and understood that time is of the essence for the performance of this contract, and failure by contract to meet the time specifications of this agreement will cause Seller to be in default of this agreement. 24. MBE. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this request, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex or natural origin in consideration for an award 25. NON -ARBITRATION. The City reserves the right to exercise any right or remedy to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all fors of relief in a court of competent jurisdiction Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 26. RIGHT TO AUDIT. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the fill amount ofsuch overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 27. The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contract Management. 28. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization 29. Texas Government Code, Section 2252.908 requires a business entity entering into certain contracts with a governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity or state agency. Instructions for completing Form 1295 are available at: k= sew . c! Lubbock.In us'dwarmrmaL Athimside=uKnWrywha5 irm/vendo r-informatien 30. No Boycott of Israel Pursuant to Section 2271.002 of the Texas Government Code, Respondent ratifies that either (i) it meets an exemption criteria under Section 2271.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation Respondent shall state any facts that make it exempt from the boycott certification in its Response. 31. No Boycott of Energy Companies. Pursuant to Section 2274 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2274.002; or (ii) it does not boycott Energy Companies and will not boycott Energy Companies during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. 32. No Boycott of a Firearm Entity or Firearm Trade Association Pursuant to Section 2274 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2274.002; or (ii) it does not boycott a Firearm Entity or Firearm Trade Association and will not boycott a Firearm Entity or Firearm Trade Association during the tern of the contract resulting from this solicitation. Respondent shall sate any facts that make it exempt from the boycott certfication in its Response. 33. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contacts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization 34. TEXAS PUBLIC INFORMATION ACT. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contact can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. 35. Pursuant to Section 552.301(c) of the Texas Government Code, the City of Lubbock has designated the following email address for which public information requests maybe made by an entailed request: pxrta_my lu bbock.us. Please send this request to this entail address for it to be processed I5. TERMINATION. The performance of work under this order may be terminated in whole, or in part by the Buyer REV. 3/2022 Date: May 19, 2022 To: City of Lubbock Project: Lubbock Youth Sports Complex Field 16 Lubbock, TX Ref: 162361 BuyBoard Master Project:196290, Contract Number: 592-19, Expiration: 09/30/2022 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 Baseball Field 16 - 300' x 300' x 300'.................................................................. $ 276,859 Sales tax is not included. Quote is valid until June 30, 2022 and is considered confidential. Light -Structure System I with Total Light Control — TLC for LEDTm technology Guaranteed Lighting Performance • Guaranteed light levels of 50fc infield / 30fc outfield and uniformity of 2:1 / 2.5:1 • BallTracker® technology —targeted light, optimizing visibility of the ball in play with no glare in the players typical line -of -sight System Description • (6) Pre -cast concrete bases with integrated lightning grounding • (6) Galvanized steel poles • Factory wired and tested remote electrical component enclosures • Pole length, factory assembled wire harnesses • Factory wired poletop luminaire assemblies • Factory aimed and assembled luminaires, including BallTrackerl luminaires • UL Listed assemblies Control Systems and Services • 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 • 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 • 10-year materials and onsite labor warranty for CREE Products Supplemental Lighting • (12) OSQ area luminaires Installation Services Provided (See attached scope of work) 2018, 2021 Musco Sports Lighting. LLC - 1 - M-2169-enUS-12 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: 800-374-6402 Email: musco.contracts@musco.com All purchase orders should note the following: BuyBoard purchase —Contract Number: 592-19 Delivery Timing 8 -10 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. • 480 Volt, 1 Phase electrical system requirement and to be confirmed prior to production. • Structural code and wind speed = 2012 IBC, 115 mi/h, Exposure C, Importance Factor II. • Owner is responsible for getting electrical power to the site, coordination with the utility, and any power company fees. • 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. Mitchell Stockton Sales Representative Musco Sports Lighting, LLC Phone: 806-474-4743 E-mail: mitchell.stockton@musco.com 2018. 2021 Musco Sports Lighting. LLC . 2 - M-2169anUS-12 Lubbock Youth Sports Complex Field 16 Lubbock, TX Turnkey Scope of Work Customer Responsibilities: 1. Complete access to the site for construction utilizing 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 power company fees and requirements. 6. Pay all permitting fees and obtain the required electrical permitting. 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) 10. Contact your local udig for locating underground public utilities and then confirm they have been clearly marked. Musco Responsibilities: 1. Provide required foundations, poles, electrical enclosures, luminaires, wire 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 soils that meet or exceed those of a Class 5 material as defined by 2012 IBC Table 1806.2. 5. Assist our installing subcontractor and ensure our responsibilities are satisfied. Subcontractor Responsibilities General: 1. Obtain any required permitting. 2. Contact the facility owner/manager to confirm the existing private underground utilities and irrigation systems have been located and are clearly marked to avoid damage from construction equipment. Notify owner and repair damage to marked utilities. Notify owner and Musco regarding damage which occurred to unmarked utilities. 3. Provide labor, equipment, and materials to off load equipment at jobsite per scheduled delivery. 4. Provide storage containers for material, (including electrical components enclosures), as needed. S. Provide necessary waste disposal and daily cleanup. 6. Provide adequate security to protect Musco delivered products from theft, vandalism or damage during the installation. 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. 8. 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. Notify Musco immediately of any breaks in schedule or delays. 2018. 2021 Musco Sports Lighting. LLC -3- M-216"nUS-12 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 (6) 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 Musco TLC -LED luminaires, electrical component enclosures, poles, and pole harnesses. S. Provide labor, equipment, and materials to erect (6) dressed 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 reuse existing electrical wiring as permitted. 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 a dedicated 120 V 20 A controls circuit or a step-down transformer for 120 V control circuit if not available. 3. Check all zones to make sure they work in both auto and manual mode. 4. Commission Control -Link' by contacting Control -Link CentralTM' at 877-347-3319. 2016. 2021 Musco Sports Lighting. LLC -4- M-2169-enUS-12 Attachment A Commercial General Liability Requirements: $1M occurrence / $2M aggregate (can be combined with an Excess Liability to meet requirements). CGL is required in ALL contracts. It is perhaps the most important of all insurance policies in a contractual relationship. It insures the Contractor has broad liability coverage for contractual activities and for completed operations. Commercial General Liability HeM Equipment Endorsement: Heavy equipment endorsement is required Commercial General Liability Digging Endorsement: XCU endorsement is required Automobile Liability Requirements: $1 M/occurrence is needed Builder's Risk Requirements: Builder's Risk Insurance is needed for this project, and at a minimum, the insurance should cover the full insurable value of the improvements. Workers Compensation Requirements: Statutory. If the vendor is an independent contractor with no employees and are exempt from providing Workers' Compensation coverage, they must sign a waiver (obtained from COL Purchasing) and include a copy of their driver's license. * The City of Lubbock (including its officials, employees and volunteers) shall be afforded additional insured status on a primary and non-contributory basis on all liability policies except professional liabilities and workers' comp. * Waivers of Subrogation are required for CGL, AL, and WC. * To Include Products of Completed Operations endorsement. * Carrier will provide a 30-day written notice of cancellation, 10-day written notice for non-payment. * Carriers must meet a A.M. Best rating of A- or better. * Subcontractors must carry same limits as listed above. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: i Name of business entity filing form, and the city, state and country of the business entity's place of business. 2022-900512 Musco Sports Lighting, LLC Oskaloosa, IA United States Date Filed: 06/16/2022 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock, TX Date Acknowledged: 06/27/2022 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. PO 90500058 Sports lighting 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Musco Corporation Oskaloosa, IA United States X 5 Check only if there is NO Interested Party. 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided dy I exas Ethics commission www.ethics.state.tx.us Version V1.1.191b5cdc CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2022-900512 Musco Sports Lighting, LLC Oskaloosa, IA United States Date Filed: 06/16/2022 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock, TX Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract PO 90500058 Sports lighting 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary Musco Corporation Oskaloosa, IA United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is James M. Hansen and my date of birth is My address is 100 1 st Avenue West Oskaloosa IA 52577 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Mahaska County, State of Iowa on the 16 day of June , 20 22. (month) (year) b S ature of authorized agent of contracting business entity (Declarant) corms provided Dy Texas etnics commission www.ethics.state.tx.us Version V1.1.191b5cdc