HomeMy WebLinkAboutRes 2023-04-1422 Authorizing City Manager- Musco- Installation of Sports LightingCITY OF ANNA, TEXAS
RESOLUTION NO. )0)3-0U—(y��
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A
CONSTRUCTION AGREEMENT WITH MUSCO SPORTS LIGHTING, LLC TO
INSTALL ATHLETIC FIELD LIGHTING FOR TWO PRACTICE FIELDS AT
SLAYTER CREEK PARK.
WHEREAS, the City Council of the City of Anna, Texas, ("City Council') finds that the construction
agreement with Musco Sports Lighting, LLC is instrumental and necessary to the installation of
athletic field lighting on the practice fields at Slayter Creek Park; and
WHEREAS, the City Council considers the installation of athletic field lighting at Slayter Creek
Park to be beneficial to the neighbors of Anna, Texas, meeting several goals and objectives set
forth in the Strategic Plan adopted by City Council; and
WHEREAS, the City Council approves the proposed construction agreement with Musco Sports
Lighting, LLC, to include the following fee:
"The total amount for fiscal year 2023: $684,511."
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes as set forth in full.
Section 2. Approval and Authorization of Agreement.
The City Council hereby approves the extension attached hereto as Exhibit 1 to enter into a
construction agreement with Musco Sports Lighting, LLC and ratifies and approves the City
Manager's execution of the same. The City Manager is hereby authorized to execute all
documents and to take all other actions necessary to finalize and enforce the construction
agreement with Musco Sports Lighting, LLC.
PASSED, APPROVED, AND ADOPTED on first and final reading on this 111" day of April, 2023
ATTEST: APPROVED:
STATE OF TEXAS
CONSTRUCTION AGREEMENT
COUNTY OF COLLIN
This Construction Agreement ("Agreement") is made and entered into this I#*day of
4ri i 2043by and between the City of Anna, Texas (the "Owner") and Musco Sports
Lighting, LLC, and Iowa limited liability company (the "Contractor") acting by and through their
authorized representatives and in exchange for the mutual covenants set forth herein and other valuable
consideration, the sufficiency and receipt of which is hereby acknowledged, the parties agree as follows:
Article I
Work and Term
1.1 The Contractor shall perform all the work specified in the Contract Documents. The work
is generally described as follows:
Design, provide and install athletic field lights for two practice/soccer fields at Slayter Creek Park
located in Anna, Texas, using design, installation, and pricing in accordance with Buy Board Contract
677-22.
1.2 The term of this Agreement shall begin on the last date of execution hereof (the "Effective
Date") and continue until completion of the services provided herein.
Article II
Contract Documents
2.1 The Contract Documents shall include all documents enumerated in the General
Provisions, as well as the documents identified herein. Every provision of the Contract Documents below
is incorporated into this Agreement by reference. The Contract Documents referenced below are in
descending orderof precedence. Any conflict between or among any of the Contract Documents shall be
resolved in favor of the document with higher precedence.
A. This Agreement;
B. Properly authorized change orders;
C. Buy Board Contract 677-22;
D. Contractor's quote attached hereto as Exhibit A; and
E. Workers' Compensation Notice attached hereto as Exhibit B.
Article III
Scope of Work
CA-1 Athletic Field Lighting at SIVer Creek Park
3.1 Contractor shall perform all the work specified in the Contract Documents.
3.2 Schematic Design Documents, Design Development Documents, Contract Documents,
drawings, plans, specifications, and other documents, including those in electronic form, prepared by
Contractor and its consultants, agents, representatives, and/or employees in connection with the Project
are intended for the use and benefit of Owner. Contractor and its consultants, agents, representatives,
and/or employees shall be deemed the authors of their respective part of said Project documents.
Notwithstanding, Owner shall own, have, keep, and retain all rights, title, and interest in and to all Project
documents, including all ownership, common law, statutory, and other reserved rights, including
copyrights, in and to all such Project documents, whether in draft form or final form, which are produced
at its request and in furtherance of this Agreement or the Project. Owner shall have full authority to
authorize Contractor, Subcontractors, consultants, and material or equipment suppliers to reproduce
applicable portions of the Project documents to and for use in their execution of the work or for any other
purpose. All materials and reports prepared by Contractor in connection with this Agreement are "works
for hire" and shall be the property of Owner. Contractor shall upon completion of the services, or earlier
termination, provide Owner with reproductions of all materials reports, and exhibits prepared by
Contractor pursuant to this Agreement, and in electronic format if requested by Owner.
Article IV
Compensation and Method of Payment
4.1 Owner shall pay the Contractor no more than $684,511, subject to additions and
deductions, for completion of the work in accordance with the Contract Documents using current funds.
4.2 Contractor agrees to furnish all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance and other accessories and services necessary to complete the Work at
Contractor's own cost and expense.
Article V
Notice to Proceed
The Contractor shall not proceed with any work required under this Agreement without a written
Notice to Proceed from City.
Article VI
Relationship of Parties
It is understood and agreed by and between the parties that in satisfying the conditions of this
Agreement, the Contractoris acting independently, and that Owner assumes no responsibility or liabilities
to any third party in connection with these actions. All services to be performed by Contractor pursuant
to this Agreement shall be in the capacity of an independent contractor, and not as an agent or employee
of Owner. Contractor shall supervise the performance of its services and shall be entitled to control the
manner and means by which its services are to be performed, subject to the terms of this Agreement. At
no time will Owner have any control or supervision over the means, methods, sequences, technologies,
undertakings, measures or procedures utilized to perform the services under this Agreement.
CA-2 Athletic Field Lighting at Slayter Creek Park
C.A:3 Athletic Field Lighting at Slayler Creek Park
Article VII
Insurance
7.1 Procurement and Evidence of Insurance. Prior to commencing the Services and
continuing until all Services to be performed under this Agreement have been completed, Contractor shall
purchase and maintain insurance with a company or companies qualified to do business in Texas and rated
at least "A" by AM Best or other equivalent rating service. All such insurance, with the exception of
workers compensation, shall name Owneras an additional insured and provide for a waiver of subrogation
against Owner for injuries, including death, property damage, or any other loss to the extent the same is
covered by the proceeds of the insurance. Each policy and renewals or replacements thereof shall provide
that it will not be canceled, non -renewed or material change except with thirty (30) days advance written
notice to City. Evidence of such insurance shall be provided to Owner by delivering certificates of
insurance.
7.2 Coverage and Limits. The insurance required under this Paragraph shall provide for the
following coverages and limits:
a. Workers' compensation and employers' liability insurance as required by applicable law
attached hereto as Exhibit B.
b. Commercial general liability insurance for bodily injury and property damage, including
limited contractual liability coverage in not less than the following amounts:
i. General Aggregate Limit $2,000,000 each occurrence
ii. Each Occurrence Limit $1,000,000 each occurrence; and
7.3 Commercial automobile liability insurance coverage, including non -owned and hired,
covering all owned, hired or non -owned vehicles including the loading or unloading thereof with limits
not less than $1,000,000.
7.4 Umbrella liability insurance covering all operations with limits of liability not less than:
Bodily Injury and Property Damage Liability
$5,000,000 each occurrence
$5,000,000 aggregate
Article VIH
Miscellaneous
8.1 Entire Agreement. This Agreement constitutes the sole and only agreement between the
parties and supersedes any prior understandings, written or oral agreements between the parties with
respect to this subject matter.
8.2 Authorization. Each party represents that it has full capacity and authority to grant all
rights and assume all obligations granted and assumed under this Agreement.
CA-4 Athletic Field Lighting at Slayter Creek Park
8.3 Assignment Contractor may not assign this Agreement in whole or in part without the
prior written consent of Owner.
8.4 Successors and Assigns. Subject to the provisions regarding assignment, this Agreement
shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors,
administrators, legal representatives, successors, and assigns.
8.5 Governing Law. The Agreement shall be governed by the laws of the State of Texas,
without giving effect to any conflicts of law rule or principle that might result in the application of the
laws of another jurisdiction; and exclusive venue for any action concerning this Agreement shall be in a
State District Court of Collin County, Texas.
8.6 Amendments. This Agreement may be amended by the mutual written agreement of the
parties.
8.7 Severability. In the event any one or more of the provisions contained in this Agreement
shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalid ity, illegality
or unenforceability shall not affect any other provisions, and the Agreement shall be construed as if such
invalid, illegal, or unenforceable provision had never been contained in it.
8.8 Survival of Covenants. Any of the representations, warranties, covenants, and obligations
of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the
termination of this Agreement shall survive termination.
8.9 Recitals. The recitals to this Agreement are incorporated herein.
8.10 N,= Any notice required or permitted to be delivered hereunder may be sent by first
class mail, overnight courier or by confirmed telefax or facsimile to the address specified below, or to
such other party or address as either party may designate in writing, and shall be deemed received three
(3) days after delivery set forth herein:
If intended for Owner:
City of Anna
Attn: Ryan Henderson, Interim City Manager
120 West Seventh St
Anna, Texas 75409
If intended for Contractor:
Musco Sports Lighting, LLC
Attn: James M. Hansen, Secretary
Address: 1001st Ave West
Oskaloosa, Iowa 52577
8.11 Counterparts. This Agreement may be executed by the parties hereto in separate
counterparts, each of which when so executed and delivered shall be an original, but all such counterparts
shall together constitute one and the same instrument. Each counterpart may consist of any number of
CA-5 Athletic Field Lighting at Slayter Creek Park
copies hereof each signed by less than all, but together signed by all of the parties hereto.
8.12 Exhibits.�The exhibits attached hereto are incorporated herein and made a part hereof for
all purposes.
8.13 Indemnification. OWNER SHALL NOT BE LIABLE FORANY LOSS, DAMAGE, OR
INJURY OF ANY KIND OR CHARACTER TO ANY PERSON OR PROPERTY ARISING FROM
THE SERVICES OF CONTRACTOR PURSUANT TO THIS AGREEMENT. CONTRACTOR
WAIVES ALL CLAIMS AGAINST OWNER, ITS OFFICERS, AGENTS AND EMPLOYEES
(COLLECTIVELY REFERRED TO IN THIS SECTION AS THE "CITY") FOR DAMAGE TO ANY
PROPERTY OR INJURY TO, OR DEATH OF, ANY PERSON ARI SING ATANY TIME AND FROM
ANY CAUSE OTHER THAN THE NEGLIGENCE OR WILLFUL MISCONDUCT OF OWNER.
CONTRACTOR AGREES TO INDEMNIFY, DEFEND AND SAVE HARMLESS OWNER FROM
AND AGAINSTANY AND ALL LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING
COURT COSTS, ATTORNEYS' FEES AND RELATED EXPENSES AND COSTS OF
INVESTIGATION) AND ACTIONS BY REASON OF INJURY TO OR DEATH OF ANY PERSON
OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY CONTRACTOR'S
NEGLIGENT PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF
ANY ACT OR OMISSION ON THE PART OF CONTRACTOR, ITS OFFICERS, DIRECTORS,
SERVANTS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN
SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM
OR ARE ATTRIBUTED TO SOLE NEGILGENCE OF OWNER). IF ANY ACTION OR
PROCEEDING SHALL BE BROUGHT BY OR AGAINST CITY IN CONNECTION WITH ANY
SUCH LIABILITY OR CLAIM, CONTRACTOR, ON NOTICE FROM OWNER, SHALL DEFEND
SUCH ACTION OR PROCEEDINGS AT CONTRACTOR'S EXPENSE, BY OR THROUGH
ATTORNEYS REASONABLY SATISFACTORY TO OWNER. CONTRACTOR'S OBLIGATIONS
UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF
INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY CONTRACTOR UNDER
THIS AGREEMENT. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS
AGREEMENT.
8.14 L, l Construction. In the event any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceability shall not affect other provisions, and it is the intention of the
parties to this Agreement that in lieu of each provision that is found to be illegal, invalid, or unenforceable,
a provision shall be added to this Agreement which is legal, valid and enforceable and is as similar in
terms as possible to the provision found to be illegal, invalid or unenforceable.
8.15 Conflicts of Interests. Contractor represents that no official, officer, or employee of
Owner has any direct or indirect pecuniary interest in this Agreement.
(signature page to follow)
CA-6 Athletic Field Lighting at Slayler Creek Park
EXECUTED on this /7' day of 2023.
OWNER, City of Anna, Texas
Am
EXECUTED on this 5th day of April 2023.
CONTRACTOR, Musco Sports Lighting, LLC
By:
Name: James M. Hansen
o� MELINDA N. WALTER Title: Secretary
_' t MY)C o Num 7165g/
Attest: e
CA-7 Athletic Field Lighting at Slayler Creek Park
EXHIBIT A
Slayter Creek Practice Areas Lighting - Turnkey
Anna, Texas
Date: March 17, 2023
BuyBoard
Contract Number: 677-22
Commodity: Parks and Recreation Equipment and Field Lighting Products and Installation
All purchase orders should note the following:
BuyBoard purchase — Contract Number: 677-22
Quotation Price
Musco's Light Structure TLCTM lighting system with turnkey installation as described below
Two Practice Areas (1 — 400' X 215' and 1— 390' X 240')................................... $684,511
Equipment Description
Light Structure TLC for LED' System delivered to your site in Five Easy PiecesTm
• Pre -cast concrete bases
• Galvanized steel poles
• Electrical component enclosures
• Pole length wire harness
• Factory -aimed and assembled LED luminaires for practice areas
Also Includes:
• Energy savings of more than 50% over a standard lighting system
• 50% less spill and glare light than Musco's prior industry leading technology
• Guaranteed Constant Light level of 30 footcandles
• Musco Constant 25' product assurance and warranty program that eliminates 100% of your
maintenance costs for 25 years, including labor and materials
• Control Links Control & Monitoring System
• Lighting Contactors
• Structural Engineering
• Turnkey Installation
• Payment and Performance Bonds
Taxes are NOT included in the price above. Pricing furnished is effective for 60 days unless otherwise
noted and Is considered confidential.
Musco Sports Lighting, LLC • 2009, 2012 1 M-1290-enuS-3
Payment Terms
To be determined.
Late payment will be subject to service charges of 1 '/2% per month (18% APR).
Musco will make every effort to coordinate shipment so that delivery corresponds with the customer's payment
schedule. We will expect payment within the terms described above unless there is a written statement from
Musco's corporate headquarters stating the acceptance of different terms.
Delivery to the job site from the time of order, submittal approval, and confirmation of order details
Including voltage and phase, pole locations Is approximately 3045 days. Due to the built-in custom light
control per luminalre, 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
• Structural code and wind speed = 2015 IBC, 115 MPH
• Confirmation of pole locations prior to production
Thank you for considering Musco for your sports -lighting needs. Please contact me with any questions.
Chris Johnson
Sales Executive
Phone: 214-733 2927
E-mail: chds.johnson@musco.com
Musco Sports Lighting, LLc - 2009. 2012 1) M-1280-enUS-3
EXHIBIT B
REQUIRED WORKERS' COMPENSATION COVERAGE
The law requires that each person working on this site or providing services related to this construction
project must be covered by workers' compensation insurance. This includes persons providing, hauling,
or delivering equipment or materials, or providing labor or transportation or other services related to
the project, regardless of the identity of their employer or status as an employee.
Call the Division of Workers' Compensation at 1-800-252-7031 or access the division's website at
www.tdi.texas.gov/wc/indexwc.htmi to receive information on the legal requirement for coverage, to
verify whether your employer has provided the required coverage, or to report an employer's failure to
provide coverage.
TO THE CONTRACTOR:
Pursuant to Workers' Compensation Rule 110.110 (d)(7), a contractor engaged in a building or
construction project for a government entity is required to post a notice on each project site informing
all persons providing services on the project that they are required to be covered by workers'
compensation insurance. The notice required by this does not satisfy other posting requirements
imposed by the Texas Workers' Compensation Act or other Workers' Compensation Rules. This notice
must:
(1) be posted in English, Spanish and any other language common to the employer's employee
population;
(2) be displayed on each project site;
(3) state how a person may verify current coverage and report failure to provide coverage;
(4) be printed with a title in at least 30-point bold type and text in at least 19-point normal type;
and
(5) contain the exact words as prescribed in Rule 110.110 (d)(7).
The notice on the reverse side meets the above requirements. Failure to post the notice as required by
this rule is a violation of the Act and Workers' Compensation Rules. The violator may be subject to
administrative penalties.
Notice 8 (Rev.12115) TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION Rule 210.120
EXHIBIT A
Slayter Creek Practice Areas Lighting - Turnkey
Anna, Texas
Date: March 17, 2023
BuyBoard
Contract Number: 677-22
Commodity: Parks and Recreation Equipment and Field Lighting Products and Installation
All purchase orders should note the following:
BuyBoard purchase — Contract Number: 677-22
Quotation Price
Musco's Light Structure TLCT lighting system with turnkey installation as described below
Two Practice Areas (1 — 400' X 215' and 1 — 390' X 240')................................... $684,511
Equipment Description
Light Structure TLC for LED'rM System delivered to your site in Five Easy Pieces"^
• Pre -cast concrete bases
• Galvanized steel poles
• Electrical component enclosures
• Pole length wire harness
• Factory -aimed and assembled LED luminaires for practice areas
Also Includes:
• Energy savings of more than 50% over a standard lighting system
• 50% less spill and glare light than Musco's prior industry leading technology
• Guaranteed Constant Light level of 30 footcandles
• Musco Constant 25T product assurance and warranty program that eliminates 100% of your
maintenance costs for 25 years, including labor and materials
• Control Links Control & Monitoring System
• Lighting Contactors
• Structural Engineering
• Turnkey Installation
Payment and Performance Bonds
Taxes are NOT included in the price above. Pricing furnished is effective for 60 days unless otherwise
noted and is considered confidential.
Musco Sports Lighting, LLC • 2009, 2012 1 M-1290-enUS-3
Payment Terns
To be determined.
Late payment will be subject to service charges of 1 '/:% per month (18% APR).
Musco will make every effort to coordinate shipment so that delivery corresponds with the customer's payment
schedule. We will expect payment within the terms described above unless there Is a written statement from
Musco's corporate headquarters stating the acceptance of different terms.
Delivery to the job site from the time of order, submittal approval, and confirmation of order details
Including voltage and phase, pole locations is approximately 30-45 days. Due to the built-in custom light
control per luminalre, 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
• Structural code and wind speed = 2015 IBC, 115 MPH
• Confirmation of pole locations prior to production
Thank you for considering Musco for your sports -lighting needs. Please contact me with any questions.
Chris Johnson
Sales Executive
Phone: 214-733-2927
E-mail: chris.johnson@musco.com
Musco Sports Lighting, LLC - 2009, 2012 2 M-1290-enUS 3