2010-41 •
MT1U `n , !' Manufacturer Agreement •
Manufacturing (Shin) 2107 Stewart Road /(Mad) PO Box 260 / Muscatine. IA 52761/ 563 - 263 -2281 / Toll Free 800- 756 -1205 / FAX: 800- 374 -6402
Date: September 2, 2010 'Project Name: West Park Upgrade Project #: 110906
SOLD TO:. City of Clermont
400 12 Street
Clermont, FL 34711
Telephone: 352- 241 -7386, Fax: 352- 394 -2394
Source of Funds: City of Clermont will be the source of funds for this project and agrees that payment to
Musco is not contingent upon getting paid by the Owner /End User.
TOTAL PRICE - City of Clermont will accept and pay for the described Product in the total amount of
$189,588.00 in U.S., 4 lus applicable taxes. FOB to the ship to address below, payable as follows:
' • $189,588.00 within 30 days from invoice date
Pnce Includes delivery to the site. Price does not Include sales tax, unloading or installation. Payments not paid when due are
subject to a 1 -1,2% delinquent fee for each month past due or will be pro -rated for the portion of the month there is an unpaid
balance.
TAXES - "City of Clermont" shall pay all applicable state and local sales taxes invoiced appropriately by
Musco.
❑ - Taxable
2 - Non - Taxable (Copy of resale or- exemption certificate must be attached. Just holding a sales tax permit
does not, in and of itself, qualify for a non - taxable sale)
•
SCOPE OF WORK - The work to be perforineii by Musco or its subcontractor is as shown on the last
page of this agreement.
PRODUCT DESCRIPTION - Musco shall transfer and deliver to "Ship To ", Musco's Light- Structure
Green TM system consisting of:
• 50 - 1500 watt metal halide fixtures
• 6 — 60' galvanized steel poles
• 10 pre- stressed concrete bases
• • 1 Control- LinkTM Control & Monitoring System Cabinet(s)
' • 2 — Additional lighting circuits (1) each on poles Al and A2
• 2 Extra Hubs
• 1 Safety harness kit
• 3 — Stacked Crossarm Config. (1) each on poles 1 B1, and B2
• 2 — Steps and cables (1) each on poles Aland B2 -
•
Built to the following specifications: .
• • Ballast•input Voltage: 208
• Phase to-Pole: Three Phase
• Structural Integrity: FBC, 2004, 110 MPH
• Light Level(s): 50 footcandles infield, 30 footcandles outfield for baseball
• SHIP TO: West Park
Attn: Jonathan Knisley
12 Street and Montrose Street
Clermont, FL 34711
Telephone: 904 - 714 -4001, Fax: 904 - 714 -4007, Email: jonathan @mgclighting.com
Desired Shipping Date(s): TBD Projected Completion Date: 10/20/2010
MA 110906 Page 1 of
(Initials) 50- 7295 -5
)
m • e Manufacturer Agreement •
Manufacturing_ (Ship) 2107 Stewart Road /(Mail) PO Box 260 / Muscatine, IA 52761/ 563 - 263 -2281 / Toll Free 800 - 756 -1205 / FAX 800- 374 -6402
Date: September 2, 2010 Project Name: West Park Upgrade Project #: 110906
•
Normal delivery to the shipping address indicated above Is 4 to 6 weeks after submittal approval or release of order, if later. If the -
Equipment is shipped in multiple lots, Musco shall prepare a separate invoice for the price of the Equpment shipped at the tune of
each shipment City of Clermont shall pay the amount of each such Invoice upon the same terms as set out In the "Total Price"
paragraph of this Agreement
CONSTANT 25TM WARRANTY & MAINTENANCE PROGRAM - Musco shall provide parts,
labor and all services outlined in the Musco Constant 25 Agreement to maintain operation of lighting
equipment for 25 years as follows:
• Service Begins: On the date of product shipment
• Expiration Date: 25 -years from date of shipment, or once lamp usage is exceeded, whichever occurs
first
• Group relamps will take place at the end of the 5000 -hour useful lamp life. If total usage hours are
exceeded, owner will need to purchase additional relamps to continue the warranty through 25 years.
• Monitoring, Maintenance & Control Services •
•
• Light level readings — shall be +/ -10% in accordance with IESNA RP -6 -01.
OWNER CONTACT:
City of Clermont
• Attn: Dave Teske
400 l 21h Street
Clermont, FL 34711
Telephone: 352 - 241 -7351, Fax: 352- 394 -3542, Email: dteske @clermontfl.org
WARRANTY CONTACT:
• El Same as Owner
Field 1 Field 2 Practice Field
Number of Fixtures 16 16 18
Constant Light Levels 50 FC Infield 50 FC Infield 50 FC Infield
30 FC Outfield 30 FC Outfield 30 FC Outfield
for Baseball for Baseball for Baseball
Number of Group Reiamps 1 1 1
Total Estimated Hours of 7,500 7,500 7,500
. Usage for 25 years
System Energy 25.02kW 25.02kW 28.15kW
Consumption Average -
System Energy 27.2kW 27.2kW 30.6kW
•
Consumption Max
WARRANTY - Warranty claims and back charges shall not be deducted from contract payments without prior approval of
Musco's Warranty Department (800- 825- 6020). Musco's Equipment and its performance are sold subject to Musco's written
warranty, a copy of which will be provided after shipment of Equipment The warranty provided by Musco shall be in lieu of all
other warranties, and Musco disclaims any other warranty whatsoever, express or implied, including, but not limited to, the
implied warranty of merchantability.
MA 110906
Page 2 of
(Initials) SD- 7295 -5
•
0000
I T1U `9 , ! ® • Manufacturer's Agreement
Manufacturing - (Shipl 2107 Stewart Road /(Mail) PO Box 260 / Muscatine, IA 52761/ 563- 263 -2281 / Toll Free 800 -756 -1205 / FAX 800 - 374 -6402
Date: September 2, 2010 Project Name: West Park Upgrade Project #: 110906
2. SECURITY AGREEMENT - In consideration of the promises contained herein, City of Clermont hereby grants and conveys to
Seller, to secure payment and performance of all obligations in full, a security interest in the Equipment, including all repairs,
replacements and accessions thereto (collectively referred to as the "Secured Property "). City of Clermont hereby irrevocably •
authorizes Seller at any time to file in any tiling office in any Uniform Commercial Code jurisdiction any initial financing statements
and amendments thereto relating to this transaction City of Clermont further agrees to promptly furnish any information
requested by Seller to effectuate the terms of this Agreement. City of Clermont further agrees to execute any document
reasonably required by Seller to perfect the security interest granted herein and to assure the priority of such security interest
City of Clermont shall maintain adequate insurance covering the Equipment in accordance with generally accepted business
practices City of Clermont shall name Seller as loss payee until such time as City of Clermont has performed in full all
obligations contained herein
3. DEFAULT - Each of the following shall constitute a default ( "Default ") under this Agreement. a) failure to pay, in full, any payment
when due hereunder, b) City of Clermont becomes the subject of a bankruptcy, receivership or insolvency proceeding; c) any
warranty, representation or statement made or furnished to the seller by or on behalf of the City of Clermont proved to have been
false in any material respect when made or furnished; d) loss, theft, damage, destruction or encumbrance to, or of, the Secured
Property or the making of any levee, seizure or attachment thereof or thereon, or e) the occurrence or non - occurrence of any
event or events which causes the seller, in good faith, to deem itself insecure for any reason whatsoever.
4. REMEDIES UPON DEFAULT - In the event of Default, Seller may, at its option, and without notice or demand a) declare the
entire unpaid balance owing hereunder due and payable at once; b) proceed to recover judgment for the entire unpaid balance
due, c) exercise all rights provided to Seller under this Agreement, the Uniform Commercial Code, at law or in equity including but
not limited to entering City of Clermont's premises and taking possession of the Secured Property. All the remedies described
herein are cumulative. and may be exercised in any order by Seller. City of Clermont agrees to pay all costs (including
reasonable attorney's fees and court costs) incurred by Seller in disposing of the Secured Property and collecting any amounts
owing hereunder, and such costs shall be part of the obligations secured hereunder.
5 CONDITIONS OF AGREEMENT
• a APPLICABLE LAW - This Agreement shall be governed by the laws, including the Uniform Commercial Code, adopted in
the State of Iowa as effective and in force on the date of this Agreement.
b. EXPENSES /REMEDIES - City of Clermont shall pay to Musco the reasonable expenses, including court costs, legal and
administrative expenses and reasonable attorney's fees, paid or incurred by Musco in endeavoring to collect amounts due
from City of Clermont to Musco. It is further understood that if City of Clermont does not make a payment as due, Musco has
the right to forward appropriate notices or claims on jobs with owners, bonding companies, general contractors, or the like,
as deemed appropriate by Musco .
c. ENTIRE AGREEMENT - This is the complete statement of the terms of this Agreement. No representative or employee of
Musco has any authority to bind Musco to any term, representation or warranty other than those specifically included in this
written Agreement or the written Warranty to be delivered to City of Clermont.
d. ACCEPTANCE - This Agreement is subject to the approval of Musco's Credit Department and the written acceptance of this
Order by Musco Sports Lighting, LLC. •
CITY OF CLERMONT MUSCO SPORTS LIGHTING, LLC '
Acceptance Acceptance
this [^I day of, f -e fflg4e,P, 2010 this 2-3 day of S> 4O7 - /en, 2010
0 - lit
Signature Signature -
• carn l�S . 'IUrv; Mayor 1 /c v�7 / '� c/fPOi-A
Name and Title ) Name and Title/
•
MA 110906
Page 3 of
(Initials)
53- 7295 -5
0000
(T1U l Manufacturer's Agreement
Manufacturing (Ship) 2107 Stewart Road /(Mail) PO Box 260 / Muscatine, IA 52761/ 563- 263 -2281 / Toll Free 800 -756 -1205 / FAX 800- 374 -6402
Date: September 2, 2010 Project Name: West Park Upgrade Project #: 110906
Light Structure Green TM Pole in the Air Scope of Work -
West Park Upgrade
Clermont, FL
Owner /Electrical Contractor Responsibilities:
• 1) Total access to the site and pole locations for construction. Must be able to move from location to
location on standard rubber tires – no towing required.
2) Survey in pole locations and aiming points (one per field) for sighting in lighting cross -arms. Final
• grade elevations will also need marked if necessary.
3) Removal of any trees, limbs, shrubs, etc. for total access to pole locations.
4) Removal, replacement, and repair of all fencing necessary for construction.
5) Repair and replacement of any field turf, asphalt, curbs, and concrete damage.
6) Locate and mark existing irrigation systems prior to excavation.
7) Damages to grounding system once pole installation is completed requiring repair.
8) Pay for all permitting costs.
9) Provide soil boring report as required.
10) Extra costs associated with foundation excavation and construction in non - standard soils (rock, caliche, •
high water table, collapsing holes, alluvial soils, etc.). Standard soils are defined as Class 5 soils in the
2007 edition of the Florida Building Code and can be excavated using standard earth auguring
equipment.
11) Provide a source of water such as a fire hydrant or 2" water line for foundation excavation. This will
include payment as necessary for water used.
12) Installation of Musco supplied Controls and Monitoring Cabinet and provided surge protection.
13) Customer's Contractor will commission Control Link by contacting Control Link Central once the entire
system is energized.
14) Electrical design and installation.
15) Additional pole grounding required or specified other than Musco's recommended pole grounding. This
will include more than one ground rod per pole, longer ground rods, and different ground rod and wire
sizing.
Musco Responsibilities:
1) Provide required poles, fixtures, foundations, and associated designs.
2) Provide structural design for poles and foundations, certified by a professional engineer licensed in the
State of Florida.
3) Provide layout of pole locations and aiming diagram.
4) Provide light test upon owner supplied electrical system.
5) Provide Project Management assistance as needed.
6) Provide review of electrical design as provided by Electrical Contractor or Electrical Engineer.
Musco Subcontractor Responsibilities:
1) Provide equipment and materials to off load equipment at jobsite per scheduled delivery.
2) Provide equipment and materials to remove (4) existing light structure system poles. Poles to be
staged on the perimeter of the site and re -used during pole installation.
3) Off load Musco supplied Controls and Monitoring Cabinet(s). Inform Musco and /or Owner /Installer of
its location on day of scheduled delivery.
4) Provide dumpsters for cardboard waste and packing debris.
5) Provide storage containers for material as necessary.
6) Provide adequate security to protect Musco delivered products from theft, vandalism or damage during
the installation. .
7) Obtain required permits, owner to pay cost of permits.
MA 110906
Page 4 of
(Initials) S0- 7295 -s •
MU Manufacturer Agreement
Menu{acturmo (Ship) 2107 Stewart Road /(Mail) PO Box 260 / Muscatine, IA 52761/ 563-263-2281) Toll Free 800- 756 -1205 / FAX' 800 - 374-6402
Date: September 2, 2010 Project Name: West Park Upgrade Project #: 110906
8) Make appropriate contact to ensure utility locates have been done prior to excavation. Repair any such
damage to existing utilities during construction.
9) Remove augured spoils to owner - designated location at jobsite.
10) Provide materials and equipment to install (10) Light Structure System foundations as specified on
Layout.
11) Provide and install ground rods (one per pole location) for lightning protection per Musco warranty.
Poles 70' and below require a #2 ground wire. Poles 80' and above require 2/0 ground wire. Ground
rods to be 3/4 "x10' or 5/8 "x10' with a 10' embedment. Ground rods must be installed in soil, not in the
concrete backfill. This will be done once poles are erected in order to comply with Musco warranty.
12) Provide materials and equipment to assemble and install Light Structure GreenTM fixtures and terminate
all necessary wiring.
13) Provide equipment and materials to assemble and erect (10) Light Structure System Poles. This will
include retrofitting the (4) existing pole with new pole top fitters.
14) Verify aiming points have been located and are correct before sighting in lighting cross -arms.
15) Keep all heavy equipment off of playing fields and surfaces when possible using due care to minimize
damages.
16) Provide startup if necessary and aiming as required to provide complete and operating sports lighting
system.
•
•
MA 110906
Page 5 of
(Initials) 50 7295 -