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HomeMy WebLinkAboutMusco Sports Lighting LLC; 2024-01-08; PKRC23-1004Tracking #: ALGA NORTE POOL LIGHTING RETROFIT CONT. NO. PKRC23-1004 Page 1 of 8 City Attorney Approved 5/3/2023 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT ALGA NORTE POOL LIGHTING RETROFIT; CONT. NO. PKRC23-1004 This agreement is made on the ______________ day of _________________________, 20___, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Musco Sports Lighting LLC whose principal place of business is 100 1st Avenue West, P.O. Box 808, Oskaloosa, IA 52577 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, as contained in the Standard Specifications for Public Works Construction “Greenbook,” latest edition and including all errata; Part 1 General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor’s proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by: Todd Reese (City Project Manager) PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203. WAGE RATES. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in execution of the Contract. Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Tracking #: ALGA NORTE POOL LIGHTING RETROFIT CONT. NO. PKRC23-1004 Page 2 of 8 City Attorney Approved 5/3/2023 Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding. Signature: ___________________________________ Print Name: ___________________________________ REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers’ Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than……..$1,000,000 Subject to the same limit for each person on account of one accident in an amount not less than ….…$1,000,000 Property damage insurance in an amount of not less than……..$1,000,000 Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non- scheduled. The automobile insurance certificate must state the coverage is for “any auto” and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that thirty (30) days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY. Workers’ Compensation limits as required by the California Labor Code. Workers’ Compensation will not be required if Contractor has no employees and provides, to City’s satisfaction, a declaration stating this. Tracking #: ALGA NORTE POOL LIGHTING RETROFIT CONT. NO. PKRC23-1004 Page 3 of 8 City Attorney Approved 5/3/2023 BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys’ fees for litigation, arbitration, or other dispute resolution method. JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. Start Work: Contractor agrees to start within 45 working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within 60 working days after receipt of Notice to Proceed. CONTRACTOR’S INFORMATION. Musco Sports Lighting 100 1st Avenue West - P.O. Box 808 (name of Contractor) 797757 (street address) Oskaloosa (Contractor’s license number) C10, 2/29/2024 (city/state/zip) 800-825-6020 ext. 2085 (license class. and exp. date) 1000004278 (telephone no.) N/A (DIR registration number) 6/30/2025 (fax no.) troy.shilling@musco.com (DIR registration exp. date) (e-mail address) /// /// /// /// /// /// Tracking #: ALGA NORTE POOL LIGHTING RETROFIT CONT. NO. PKRC23-1004 Page 4 of 8 City Attorney Approved 5/3/2023 AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Christopher K. Hyland, Vice President Parks & Recreation Department Director (print name/title) By: ATTEST: (sign here)SHERRY FREISINGER James M. Hansen, Secretary City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: _____________________________ Deputy / Assistant City Attorney Tracking#: EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each sub-contractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each sub-contractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Type of Work to be Business Name and Address DIR Registration License No., %of Subcontracted No. Classification & Total Exoiration Date Contract Installation of the Ace Electric, PO Box 601071 100001519 835109 A, C10 34.76% materials San Dieao, CA 92160-1071 Total % Subcontracted: 34.76% The Contractor must perform no less than 50% of the work with its own forces. ALGA NORTE POOL LIGHTING RETROFIT CONT. NO. PKRC23-1004 Page 5 of 8 City Attorney Approved 5/3/2023 Tracking #: ALGA NORTE POOL LIGHTING RETROFIT CONT. NO. PKRC23-1004 Page 6 of 8 City Attorney Approved 5/3/2023 EXHIBIT B SCOPE OF WORK SUMMARY Supply materials and labor to retrofit pool lighting at Alga Norte Aquatic Center. JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 1 Cost of materials $8,920.00 2 1 Sales tax @ 7.75% on materials $692.00 3 1 Structural review, freight, installation and bonds $18,580.00 TOTAL* $28,192.00 *Includes prevailing wage, materials, freight, bonds, taxes, installation and all other costs. DocuSign Envelope ID: 5BE3EE19-13F7-405B-874F-7C0147AA431C • JI Bond # 107915370 Tracking#: EXHIBITC LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Musco Sports Lighting LLC (hereinafter designated as the "Principal"), a Contract for: ALGA NORTE POOL LIGHTING RETROFIT CONTRACT NO. PKRC23-1004 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, Musco Sports Lighting, LLC , as Principal, (hereinafter designated as the "Contractor"), and Travelers Casualty and Surety Company of America as Surety, are held firmly bound unto the City of Carlsbad in the sum of Twenty Eight Thousand One Hundred Ninety Two and 00/100 _______________________ dollars ($ 28,192.00 ), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the Contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. _ THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materiais, provisions, provender, supplies·, or teams used hi, upon , for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind , consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. SEE LIMITED MAINTENANCE PROVISION RIDER ATTACHED HERETO AND MADE A PART HEREOF ALGA NORTE POOL LIGHTING RETROFIT CONT. NO. PKRC23-1004 Page 7 of 8 City Attorney Approved 5/3/2023 DocuSign Envelope ID: 5BE3EE19-13F7-405B-874F-7C0147AA431C • I Tracking#: In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. SIGNED AND SEALED, this ____ 3_0 __ day of ____________ (SEAL) Musco Sports Lighting, LLC (Principal) Jessica J. Perkins, Attorney-in-Fact and Licensed CA Agent (Signature) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY-ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CINDIE K. McMAHON City Attorney By: U~(}., f V't>Sf · [)eputy /Assistant City Attorney ALGA NORTE POOL LIGHTING RETROFIT CONT. NO. PKRC23-1004 Page 8 of 8 City Attorney Approved 5/3/2023 DocuSign Envelope ID: 5BE3EE19-13F7-405B-874F-7C0147AA431C ,-1 'l 1/8/2024 Limited Maintenance Provision To be attached to and form part of bond no 107915370 issued by the Travelers Casualty and Surety Company of America on behalf of Musco Sports Lighting, LLC in the amount _of ($28,192.00) and dated __ in favor of Cit of Carlsbad for Alga Notte Community Park Additional Fixtures/ Project #227106. 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 Lighting LLC Travel rs Casualty and Surety Company of America By~~~~::a,_S,.L._jJ_~~~L-~~ Jessica J. Perkins, Attorney-in-Fact and Licensed CA Agent DocuSign Envelope ID: 5BE3EE19-13F7-405B-874F-7C0147AA431C ,· \ . ' ACKNOWLEDGMENT For Bond # 107915370 State of IOWA County of POLI<· On October 30, 2023 before me, Lauren Bruns Personally appeared Jessica J. Perkins Attorney-in-Fact for Travelers Casualty and Surety Company of America and Licensed CA Agent Personally known to rile (or proved to me on the basis of satisfacfory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my h n and offi cia I sea I. ,/.7 . _ __ ,1/ _ . S1gnature_~~'4,l.,<-"'--,-,-~-~-~-.~ .. -.1.L.---- Lauren Bruns, NOTARY •' l ._ LAUREN BRUNS Ii~ commission Number 8-45563 • r • My commission Expires ot1 January 30, 2026 (Seal) DocuSign Envelope ID: 5BE3EE19-13F7-405B-874F-7C0147AA431C ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of IOWA County of Mahaska On \ Q ,31. 202,3 before me, Elizabeth Johannes personally appeared James M. Hansen, Secretary of Musco Sports Lighting, LLC who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of IOWA that the foregoing paragraph is true and correct. WITNESS my hand and official seal. i~ ELIZABETH JOIWINES 3 T-Commission Number 112509 . • • My Commission Ellpll'9S 0 September 6, 202◄ (Seal) No Company Seal DocuSign Envelope ID: 5BE3EE19-13F7-405B-874F-7C0147AA431C ' ' ~ TRAVELERS J Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company 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 JESSICA J PERKINS of DES MOINES , Iowa , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizanc,is, 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 21st day of April, 2021. State of Connecticut City of Hartford ss. On this the 21st day of April, 2021, before me personally appeared Robert L Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies b',' 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, 2026 ,,:~··~·:~ '··~. i \\ i* ,>i \ l """,',.f.?.,r ~eu Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that th·e 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 pre·scribe to sign with ·the Ccinipany's name and seal with the Compa-ny's seal bonds, recognizances: contracts of indemnity; and either 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 Attorneys-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 ii is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by sa!Jl-Corii~~n,jEl.s,·wtii~h remains in full force and effect. ,,· ~ '") ••. ,/;J }' ··- Dated this 30 day of October , 2023 . / _ _.-~'_..·: ••• _ ........ .c:i,··.\ E ~ ~: ·, ~ '- 11,_ffi~* § ~ f HA_ RlFORD, \ ~ \ ,:~ti CA~ .-.,, , " :f2.," ~ ~ • ~ ~\ ,::. CONH. _/(j: / tf e,.--· ~ ~ • ' '> ,, \. -r~·•... . .. ··.{f'-_/ Kevin E. Hughes, Assistant Secretary ',,,,, ✓ t • •• o ~ I ••• ,~~ To verify the authenticity of this.fower/lf Att9.rriey, please call us at 1-800-421-3880. Please refer to the above-named Attorney(s)-in-Fact ahd-1:he details of the bond to which this Power of Attorney is attached. AB C J Ho l d e r I d e n t i f i e r : 777 7 7 7 7 7 0 7 0 7 0 7 0 0 0 7 7 7 6 3 6 1 6 0 6 5 5 5 3 3 3 0 7 7 3 6 1 7 5 5 6 3 0 4 5 5 7 6 0 7 4 5 3 1 3 6 7 7 2 4 0 6 3 1 0 0 7 3 6 5 0 5 6 6 1 5 7 3 3 0 0 2 0 7 2 6 0 4 0 1 1 3 0 7 2 1 1 0 2 0 7 1 2 6 0 1 1 7 7 2 2 3 0 1 5 6 0 7 1 6 2 2 3 7 5 3 2 0 3 2 7 7 0 0 7 3 6 6 0 1 5 5 7 6 0 1 6 7 5 2 0 7 7 0 4 0 5 5 7 1 2 2 7 4 5 7 0 0 7 7 7 2 7 2 5 2 0 2 5 7 7 3 1 1 0 7 7 7 7 7 7 7 0 7 0 0 0 7 0 7 0 0 7 666 6 6 6 6 6 0 6 0 6 0 6 0 0 0 6 2 6 0 6 4 6 6 2 0 4 4 4 6 2 0 0 6 0 0 2 2 2 4 0 6 0 2 6 2 2 2 0 0 6 2 0 0 0 2 6 0 6 2 2 6 0 0 0 2 0 6 0 0 0 2 0 6 2 6 2 0 4 0 2 0 0 0 6 2 2 2 2 0 4 2 4 2 0 6 2 0 0 0 0 6 2 2 2 2 2 4 0 6 2 2 4 0 2 0 2 0 6 2 2 0 2 0 4 0 6 2 0 4 0 2 0 0 0 6 0 0 0 2 0 4 0 6 2 2 6 0 0 2 0 0 6 2 0 0 0 2 4 0 4 2 2 2 0 4 0 2 0 6 6 6 4 6 0 6 2 2 4 0 6 6 4 4 4 0 6 6 6 6 6 6 6 0 6 0 0 0 6 0 6 0 0 6 Ce r t i f i c a t e N o : 5 7 0 1 0 2 1 2 8 6 2 9 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 10/06/2023 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). 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 Aon Risk Services Central, Inc. Omaha NE Office17807 Burke StreetSuite 401Omaha NE 68118 USA PHONE(A/C. No. Ext): E-MAILADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # (402) 697-1400 INSURED 25674Travelers Property Cas Co of AmericaINSURER A: 28460Sentry Casualty CompanyINSURER B: 24988Sentry Insurance CompanyINSURER C: 36940Indian Harbor Insurance CompanyINSURER D: INSURER E: INSURER F: FAX(A/C. No.):(402) 697-0017 CONTACTNAME: Musco Sports Lighting, LLCc/o Musco Corporation100 1st Ave WOskaloosa IA 52577 USA COVERAGES CERTIFICATE NUMBER:570102128629 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, Limits shown are as requested POLICY EXP (MM/DD/YYYY)POLICY EFF (MM/DD/YYYY)SUBRWVDINSR LTR ADDL INSD POLICY NUMBER TYPE OF INSURANCE LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY LOC EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG X X X X GEN'L AGGREGATE LIMIT APPLIES PER: $1,000,000 $1,000,000 $10,000 $1,000,000 $10,000,000 $2,000,000 C 07/01/2023 07/01/20249016877004 PRO-JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON-OWNED AUTOS ONLY BODILY INJURY ( Per person) PROPERTY DAMAGE(Per accident) X BODILY INJURY (Per accident) $1,000,000C07/01/2023 07/01/2024 COMBINED SINGLE LIMIT(Ea accident)90 16877 003 EXCESS LIAB X OCCUR CLAIMS-MADE AGGREGATE EACH OCCURRENCE DED $10,000,000 $10,000,000 07/01/2023UMBRELLA LIABA 07/01/2024CUP3S63336023NF RETENTION X E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT $1,000,000 X OTH-ERPER STATUTEB07/01/2023 07/01/2024 AOS 9016877002B 07/01/2023 07/01/2024 $1,000,000 Y / N (Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER N / AN AZ, WI WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below $1,000,000 9016877001 AggregateCEO74211390307/01/2023 07/01/2024 Claims-Made $250,000SIR Each Claim $5,000,000 Architects & Engineers ProfessionalD SIR applies per policy terms & conditions $5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Musco project 227106 - Alga Norte Community Park Additional Fixtures. City of Carlsbad is included as Additional Insured inaccordance with the policy provisions of the General Liability policy. CANCELLATIONCERTIFICATE HOLDER AUTHORIZED REPRESENTATIVECity of Carlsbad3420 Camino de Los CochesCarlsbad CA 92009 USA ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. As required by written contract 9016877004POLICY NUMBER: COMMERCIAL GEHERAL LIABILITY CG 2010 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED • OWNERS , LESSEES OR CONTRACTORS • SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under th e following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations lnfonnation reQJired to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization1s) shown in the Schedule, but only with respect to liability for "bodily injury", •properly damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the perfonnance of your ongoing operations for the additional insured(s) at the location(s) designated al,ove. However. 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 1. 11 covera,;ie prov,ae<1 10 me aaa111ona1 msure<J is reQuired by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are reQuired by the contract or agreement to provide for such additional insured. 8. With respect to the insurance afforded to these additional insureds, the folowing additional exclusions apply: This insurance does not apply ID "bodily injury• or "properly damage• occurring at.er: 1. All work, including materials, parts or eQuipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to te performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work' out of which the injury or damage arises has been put to rts intended use by any person or organization other than another contractor or subcontractor engaged in performing operauons ror a pnnc1pa1 as a part or me same project. CG 201012 19 90 16877 © Insurance Services Offi ce, Inc., 2018 Page 1 of 2 0612312()23 Sentry Insurance C«np.:my 1 00001 oc«IJOO!)OO 2317£ 0 N ...,.,. • ..,u.,.e11-e»-o19&-4dl'C1881'8Std3 C. Wrlll respecl to the insurance afforded to these additional insureds, the following is added to Section Ill -limits Of Insurance: If coverage provided to the additional insured is re<iuired by a contract or aoreement. the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Availal>le under the applicable lim~s of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 012 90 168TT © Insurance Services Office, Inc .. 2018 CG2010 12 19 06123-'2023 Sentry Insurance CO"npany POLICY NUMBER: © Insurance Services Office, Inc., 2018 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s)Location And Description Of Completed Operations Any person or organization you are required to add as an additional insured by written contract or agreement See Continuation Page All Locations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. 9016877004 Page 1 of 2CG 20 37 12 19 06/23/20239016877 Sentry Insurance Company 00001 0000000000 23174 0 N1 24937384-bf3e-4e60-9a45-647961dcfd3b24937384-bf3e-4e60-9a45-647961dcfd3b © Insurance Services Office, Inc., 2018 Continuation Page in effect prior to any loss or damage. CG 20 37 12 19Page 2 of 2 06/23/20239016877 Sentry Insurance Company IL 70 58 02 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION - CERTIFICATE HOLDERS This endorsement modifies insurance 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 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 organization(s) shown in the Schedule will not extend any policy cancellation date nor impact or negate any cancellation of the policy. This endorsement does not entitle the person(s) or organization(s) listed or described in the Schedule below to any benefit, rights or protection under this policy. Failure by us to provide this notice of cancellation to the person(s) or organization(s) listed or described in the Schedule below will not 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: All other terms and conditions of this policy remain unchanged. Per the listing of certificate holders provided by the Broker upon our request. 30 day notice of cancellation applies. Page 1 of 1IL 70 58 02 14 9016877 Sentry Insurance Company 00001 0000000000 21179 0 N1 b48fe660-6afd-4e5f-891f-6873dca09543b48fe660-6afd-4e5f-891f-6873dca09543 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION-CERTIFICATE HOLDERS WORKERS COMPENSATION The person(s) or organization(s) listed or described in the Schedule below have requested that they receive written notice of cancellation when this policy is cancelled by us. We will mail or deliver to the Person(s) or Organization(s) listed or described in the Schedule a copy of the written notice of cancellation that we sent to you. Such copies of the notice will be mailed as soon as practicable to the address or addresses provided by your broker or agent. This notification of cancellation of the policy is intended as a courtesy only. Our failure to provide such notification to the person(s) or organization(s) shown in the Schedule will not extend any policy cancellation date nor impact or negate any cancellation of the policy. This endorsement does not entitle the person(s) or organization(s) listed or described in the Schedule below to any benefit, rights or protection under this policy. Failure by us to provide this notice of cancellation to the person(s) or organization(s) listed or described in the Schedule below will not 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 the listing of certificate holders provided by the Broker upon our request. 30 day notice of cancellation applies All other terms and conditions of this policy remain unchanged. WC 99 06 72 (Ed. 09 11)Page 1 of 1 (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Endorsement Effective Policy No.Endorsement No. Insured Premium: Insurance Company Countersigned by Change effective 07/01/2022 09/23/20229016877 Sentry Casualty Company 00001 0000000000 22266 0 N1 6af336b5-4e7f-4332-96c0-6cf68a2d72416af336b5-4e7f-4332-96c0-6cf68a2d7241