1 AGREEMENT WITH MUSCO SPORTS LIGHTING, LLC FOR
LED SPORTS LIGHTING AT EL SALVADOR PARK
THIS AGREEMENT is made and entered into on this 6th day of October, 2026 by and between Musco Sports Lighting, LLC, (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).
RECITALS
A. The City desires to retain a Contractor having special skill and knowledge to purchase and install LED sports lighting, control and monitoring system at El Salvador Park.
B. Contractor represents that Contractor is able and willing to provide such services to the City.
C. Santa Ana Municipal Code Section 2-807(d) authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. Sourcewell, a cooperative government purchasing agency, awarded a contract to Contractor (Contract No. 041123-MSL) as a result of open competitive bidding on behalf of its members, which meets the City’s requirements.
D. The City researched available procurement options and product offerings in the market and determined that Contractor meets the City’s specifications. Contractor has successfully completed multiple sports lighting projects throughout the City.
E. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference.
COMPENSATION
City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $7 . This sum is comprised of (1) the Contractor’s bid amount of $708,883, and (2) project contingency amount of 2 $ , , to be exercised in the City’s sole discretion.
b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor’s account(s) with financial institutions.
Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and expire on June 17, 2027, unless terminated earlier in accordance with Section 17, below.
4. PREVAILING WAGES
Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
5. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to use any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of 3 expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
7. INSURANCE
Insurance requirements are attached hereto as Exhibit C and incorporated by reference.
8. BONDS
Contractor shall furnish two bonds to be approved by the City, one in the amount of One Hundred Percent (100%) of the Compensation listed in Section 2(a), above, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Compensation listed in Section 2(a) to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Agreement shall not become effective until such bonds are supplied to and approved by the City.
9. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, to the extent caused by the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including 4 fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
10. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement.
11. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement.
12. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City.
5 13. CONFLICT OF INTEREST CLAUSE
a. Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City’s Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Contractor or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution
d. The Contractor must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement.
The Contractor warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Contractor hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement.
e. Contractor covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and (c) above.
14. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
15. EXCLUSIVITY AND AMENDMENT
6 This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
16. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City.
17. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.
18. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
19. JURISDICTION - VENUE
7 This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
20. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
21. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
To City:
City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
To Contractor:
Musco Sports Lighting, LLC
A party may change its address by giving notice in writing to the other party. Thereafter, 8 any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.
22. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
23. COMMUNITY WORKFORCE AGREEMENT
Contractor shall adhere to the City’s Community Workforce Agreement (CWA), a pre-hire collective bargaining agreement, which establishes the labor relations policies and procedures for Contractor to follow in the crafts persons employed to complete the Project as more fully described in the CWA. The CWA may be found on the City’s website at: CWA City of Santa Ana 12-20- 2023
[Signatures on following page]
EXHIBIT A
EXHIBIT B
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Date: July 31, 2026 Project: El Salvador Park, LED Retrofit Santa Ana, CA
To: Jorge Acevedo Musco Project Number: 206627
Sourcewell
Master Project: 199030, Contract Number: 041123-MSL, Expiration: 06/16/2027 Category: Sports lighting with related supplies and services All purchase orders should note the following:
Sourcewell Purchase Contract Number: 041123-MSL
Quotation Price Materials Delivered to Job Site and Installation Musco Materials: $350,000.00
Estimated Taxes (9.25%): $ 32,375.00
Electrical Engineering: $ 18,500.00
Geotechnical Engineering: $ NIC
Installation: $303,258.00
Project Total: $704,133.00
Optional Adders:
#1: Payment/Performance Bond: $4,750.00
Deductive Alternate:
Delete relocation of pole C5, provide retrofit only: $11,500.00 Pricing and lead times are effective for 90 days. Prices are subject to change if the order is not released within 60 days from the date of the purchase.
Light-Structure System with Total Light Control TLC for LED technology Guaranteed Lighting Performance
Guaranteed light levels per Musco design #206627C:
o Softball 1:
o Softball 1
o Playground Area: 5 footcandle average
o 5
o Softball 2 NE Field:
o Softball 2 SE Field: 10 FC (20:1) infield/20 FC (4
o Batting Cages: 30 FC (3:1) on the approximate
o Area Lights provided on poles: A7, B3, B6, C3, C4, and C6 System Description
(76) Factory aimed and assembled luminaries
(67) For the field lighting
(9) for Area Lighting
(2) Pre-cast concrete bases with integrated lightning grounding :
(1) for new pole P1 at the playground
(1) for existing pole C5 to be relocated
galvanized steel pole for the P1 location at the playground Pole length factory assembled wire harnesses
Factory wired and tested remote electrical component enclosures UL listed assemblies
Enhanced corrosion protection
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Environmental Light Control
Spill light minimized at the adjacent residential property lines to 0.02 maximum horizontal footcandles, and 1.0 maximum vertical footcandles
Off-site glare light minimized the adjacent residential property lines to 8500 candela 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
72 Control and Monitoring Cabinet with (14) 30A contactors, (1) 60A Contactor and (4) OOA switches
Operation and Warranty Services
Product assurance and warranty program that covers materials and onsite labor, eliminating 100% of your maintenance costs for 25 years
over 170 Team members dedicated to operating and maintaining your lighting system plus a network of 1800+ contractors Musco Scope
Provide design and layout for lighting system, provide sports lighting materials Installation Services Provided, please see the following scope of work Payment Terms
Final payment terms are subject to approval by Musco credit department. Final payment shall not be withheld by Buyer on account of delays beyond the control of Musco.
Email or fax a copy of the Purchase Order to Musco Sports Lighting, LLC:
Musco Sports Lighting, LLC
Attn: Musco Contracts
Fax: 800-734-6402
Email: [email protected]
All Purchase orders should note the following: Sourcewell Purchase Contract Number: 041123-MSL Delivery Timing
8 - 12 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/luminaire locations.
Notes
Quote is based on following conditions:
Shipment of entire project together to one location.
480 Volt, 3 phase electrical system requirement.
Structural code and wind speed = 2022 CBC, 95 mi/h, Exposure C.
Pole or luminaire locations need to be confirmed prior to production.
Installation pricing is based on standard soil conditions rock, bottomless, wet, or unsuitable soil may require additional engineering, special installation methods and additional cost. Once under contract, a geotechnical report will be provided, if soils condition reflected in the geotechnical report dictate a different foundation design/non-standard foundations, a change order will be required for the cost difference between standard foundation pricing and foundation design per site specific geotechnical report.
Thank you for considering Musco for your lighting needs. Please contact me with any questions.
Mike Marchetti
Musco Sports Lighting, LLC
Phone: 949-754-0503 x6111
E-mail: [email protected]
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El Salvador Park LED Retrofit
Santa Ana, CA
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. Shut-off irrigation system at park at least one week prior to start of construction. Irrigation systems to remain off during construction timeframe.
4. Closer playing fields to activities from 6AM 5PM, Monday-Friday, during project.
5. Pay for extra costs associated with foundation design that differs from the preliminary foundation design provided with this proposal once the geotechnical report has been provided; as well as excavation in non-standard soils (rock, caliche, high water table, collapsing holes, etc.) or soils not defined in geotechnical report.
6. Submittal of plans to the City Building Department for plan check, and pull permits once plans are approved. City of Santa Ana to pay all plan check and permit fees, and any fees associated with special inspections.
7. Provide laydown area on site for dumpsters, equipment containers, etc.
8. Provide coordination with cellular service provider to have the cell pole shut down during installation work on this pole.
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 structural calculations and foundation designs based on Class 5 soils as defined by the CBC.
Includes field observation during hole auguring for foundations. Any other special inspections required are provided by the City.
5. Submit electrical and structural plans to the City Building Department for approval. City to pay cost of plan-check.
6. Assist our installing subcontractor and ensure our responsibilities are satisfied.
Subcontractor Responsibilities
General:
1. Provide sealed Electrical Plans to include stamped foundation design and structural calculations. a. Please Note: Geotechnical Services/Soils Report is not included in this proposal; foundation design will be based on Class 5 soils as defined by the CBC.
2. Obtain required construction permits, City to pay cost of permits.
3. Contact 811 for locating underground public utilities and then confirm they have been clearly marked.
4. 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.
5. Provide labor, equipment, and materials to off load equipment at jobsite per scheduled delivery.
6. Provide storage containers for material, (including electrical components enclosures), as needed.
7. Provide necessary waste disposal and daily cleanup.
8. Provide adequate security to protect the jobsite, and Musco delivered products from theft, vandalism, or damage during the installation.
9. Keep all heavy equipment off playing fields when possible, provide ground protection as needed to minimize damage to existing grounds. Repair damage to grounds which exceeds that which would be expected. 2016, 2023 Musco Sports Lighting, LLC M-2168-enUS-14
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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.
10. Provide startup and aiming as required to provide complete and operating sports lighting system.
11. Installation to commence upon delivery and proceed without interruption until complete. Notify Musco immediately of any breaks in schedule or delays.
12. Ground restoration over trenches to match adjacent landscape/turf.
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 (2) LSS foundations as specified on Layout and per the stamped foundation drawings (new pole P1, and relocated pole C5)
3. Remove spoils from site and deposit at City yard.
4. Provide labor, materials, and equipment to assemble (67) Musco TLC-LED luminaires for the field lighting, electrical component enclosures, poles, and pole harnesses.
5. Provide labor, materials, and equipment to assemble (9) TLC-LED 550 area-light luminaires.
6. Provide labor, equipment, and materials to erect (1) dressed/New LSS Pole (Pole P1) and aim utilizing the pole alignment beam; and relocated pole C5
7. Provide labor, equipment, and materials to retrofit (13) dressed/New LSS Poles and aim utilizing the pole alignment beam.
Electrical:
1. Provide labor, materials, and equipment to reuse existing switchboard/electrical panels/conductors to each pole.
2. Provide labor, materials, and equipment to pull new conductors/circuit through existing conduit to area light poles A7, B3, B6, C3, C4, and C6 (reuse existing conductors feeding existing sports lighting fixtures).
3. Provide new underground conduit/conductors from panel/Control-Link to new pole P1 at the Playground
4. Provide as-built drawings on completion of installation.
Control System:
1. Provide labor, materials, and equipment to form and pour new concrete pad for new NEMA 3R Outdoor switchgear enclosure to house the (2) Control-Link Cabinets; extend conductors as needed/connect to existing circuits.
2. Provide labor, equipment, and materials to install Musco control and monitoring cabinet(s) and terminate all necessary wiring.
3. Provide a dedicated 120 V 20 A controls circuit or a step-down transformer for 120 V control circuit if not available.
4. Check all zones to make sure they work in both auto and manual mode.
5. Commission Control-Link® by contacting Control-Link Central at 877-347-3319. 2016, 2023 Musco Sports Lighting, LLC M-2168-enUS-14
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CODE OF CONDUCT
In order to maintain a high-quality jobsite and installation, Subcontractor represents to Musco that it has the supervision necessary to, and shall train, manage, supervise, monitor, and inspect the activities of its employees for the purpose of enforcing compliance with these safety requirements. Subcontractor acknowledges that Musco does not undertake any purpose of enforcing compliance with these safety requirements, but Subcontractor agrees to abide by any reasonable recommendations made by Musco or Musco representatives with respect to safety.
Subcontractor agrees that it is or will be familiar with and shall abide by the safety rules and regulations of Musco and the Owner, including, but not limited to the Occupational Safety and Health Act of 1970 (OSHA), all rules and regulations established pursuant thereto, and all amendments and supplements thereto.
Subcontractor further agrees to require all its employees, subcontractors, and suppliers to comply with these requirements.
Subcontractor shall also observe and comply with all laws with respect to environmental protection applicable to the Project.
Subcontractor shall require all its subcontractors, employees, visitors, suppliers, and agents under its direction to comply with the following:
1. GENERAL JOBSITE SAFETY AND CLEANLINESS.
a.
including, but not limited to, safety glasses with side shields, work shoes, fall protection devices, and hard hats. b. Where a walking or working surface has an unprotected side or edge which is six feet or more above a lower level, Subcontractor shall use guardrail systems, safety net systems, or personal fall arrest systems. c. Jobsite shall be kept free of debris including, but not limited to, cardboard and packing materials which can become windborne.
d. Construction equipment shall be parked during non-use in an orderly fashion so as not to create inconvenience to others using the jobsite.
e. Subcontractor
generally recognized industry applicable standards.
f.
designated medical doctor, hospital, insurance company, and any other health service providers, such list to be updated within 24 hours of any change in the information provided. g. Within eight (8) hours from the time of an accident (or such shorter period as laws may require), Subcontractor shall advise Musco of any accident resulting in injury to any person or damage to any equipment or facility. Upon request, Subcontractor shall promptly furnish Musco with a written report of any such accident as well as a copy of h. Subcontractor shall maintain and inspect all construction equipment, including cranes and other lifting equipment, prior to each use. Subcontractor warrants that all equipment operators shall be qualified for each piece of construction equipment they intend to operate. Documentation of specific training is the responsibility of the Subcontractor.
i. Jobsite shall be policed daily for compliance to the above conditions. j.
being under the influence of alcohol or drugs while performing work on the Project. Anyone observed participating in or observed under the influence will be removed from the Project immediately and prohibited from returning, with no exceptions.
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2. CONFORMANCE TO STANDARD MUSCO INSTALLATION GUIDELINES. a. Review and understand installation instructions are provided with every product installation. b. Education of installation personnel to allow for highest efficiency and lowest possibility of failure. c. Verify that components have been assembled per Musco installation instructions. d. Verify plumb of concrete foundations prior to standing of poles.
3. PROVIDING A QUALITY INSTALLATION TEAM.
a.
b. Provide and maintain quality installation equipment. Records of maintenance and/or calibration shall be provided upon request.
c. Personnel shall be knowledgeable in operation of equipment as well as installation of Musco product. d. All personnel provided by Subcontractor shall understand the relationship developed by and between Subcontractor and Musco, also by and between Musco and the customer, and act accordingly.
EXHIBIT C
Contractor shall procure and maintain for the duration of the agreement, the following insurance coverages:
MINIMUM SCOPE AND LIMIT OF INSURANCE
Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as:
Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $3,000,000 per occurrence and $6,000,000 aggregate.
Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of $2,000,000. In the event Contractor does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance, provided that such policy is endorsed for business use and provides coverage with a minimum limit of $2,000,000. Required policy limits can be met with primary and umbrella/excess insurance policies.
Workers’ Compensation (WC): as required by the State of California, with statutory limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if Contractor has no employees. Contractor attests that its workers’ compensation coverage extends to all persons who will be working with the City under the agreed scope of services.
Professional Liability (PL): with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate.
If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, equipment, and personnel furnished in connection with such work or operations.
2. CGL, AL, and WC policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Contractor for City.
3. All required insurance policies: For any claims related to this contract, Contractor’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.
4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Contractor’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.
5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Erendida Reyes, 220 S. Daisy, Bld. A, M-92, Santa Ana, CA 92703.
The name and location of the project or event should be included in the Description of Operations section of each certificate.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. City may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.
Verification of Coverage
Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The retroactive date must be shown and must be before the date of the contract or the beginning of work.
2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Contractor must purchase “extended reporting” coverage for a minimum of three (3) years after completion of work.
Subcontractors
Contractor shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub-contractors.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.