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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Oct 22 2024
Department: Public Works
Submitted by: Noah Rau, Acting City Manager
Noah Rau, Public Works Director/City Engineer;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:
A Resolution of the City Council of the City of Hemet, California, Awarding an Agreement for the Purchase and Installation of Field Lighting at Brubaker Park (CIP 5740) From Musco Sports Lighting, LLC in the Amount of $625,015 Utilizing the Sourcewell Contract #041123-MSL and Authorizing the City Manager to Execute All Documents Related to the Agreement and Authorize a 10% Contingency in the Amount of $62,502
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Awarding an Agreement for the Purchase and Installation of Field Lighting at Brubaker Park (CIP 5740) From Musco Sports Lighting, LLC in the Amount of $625,015 Utilizing the Sourcewell Contract #041123-MSL and Authorizing the City Manager to Execute All Documents Related to the Agreement and Authorize a 10% Contingency in the Amount of $62,502.
BACKGROUND:
On March 4, 2022, at a Special City Council Meeting, the City Council approved a project and allocated ARPA funding for field renovations and construction improvements at Brubaker Park. Field lighting is a large component of the contemplated construction improvements for the park.
On August 9, 2022, the City Council adopted the annual update to the City's five-year CIP that included the Brubaker Park improvement project and it was subsequently assigned the project number CIP 5740.
In 2023, the field renovation project was completed. Shortly after, the City Council awarded a license agreement to Hemet Little League for the use of the Brubaker Park baseball facility. Hemet Little League is quickly getting established and providing baseball and softball programming for hundreds of youth. The proposed lighting project is highly anticipated and will be well utilized by the community.
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ANALYSIS:
This project involves the installation of a custom designed Musco field lighting system for two fields at Brubaker Park that includes light foundations, poles, luminaires, control system, and electrical work. The proposed system also has capacity to add more fields to the system later when budget is available likely in partnership with the facility operator.
In an ongoing effort to operate in a financially sustainable manner, the Public Works Department is taking advantage of a Cooperative Purchase Agreement awarded to Musco Sports Lighting, LLC by Sourcewell contract #041123-MSL. Cooperative Purchase Agreements allow the City to secure pricing that has been established through competitive bidding efforts of federal, state, and local government agencies. This process benefits the City by expediting bid awards and avoiding costs related to staff time required for the development of bid specifications, advertisement, and bid openings.
DISCUSSION:
The proposed field lighting for the two Brubaker Park fields will allow extended hours for the Hemet Little League program, which is off to a very successful start.
The plans for the lighting have already been reviewed and approved by the Department of Life Safety. The Building Department will perform permit inspections as required, and the Public Works Department will manage and inspect the project.
PREVIOUS COUNCIL ACTION:
March 4, 2022, Special City Council Meeting: City Council approved the ARPA project for construction improvements at Brubaker Park to include field lighting. August 9, 2022: the City Council adopted the annual update to the City's five-year CIP that included CIP 5740.
STRATEGIC PLAN INTEGRATION:
GOAL ONE: QUALITY OF LIFE:
To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.
Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.
GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.
Objective 3: Increase the community's pride within the City.
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
FISCAL IMPACT:
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There is no impact to the General Fund. The ARPA funds currently appropriated to CIP 5740 are sufficient to award the proposed agreement.
ALTERNATIVE(S):
1. Do not approve the agreement for the purchase and installation of the field lighting for Brubaker Park.
2. Provide alternative direction to the City Manager.
REVIEWED BY LEGAL:
☐ Staff report ☐ Resolution
☐ Ordinance ☐ Agreement
ATTACHMENT(S):
Attachment 1 - Resolution Award Lights
Attachment 2 - Brubaker Park Baseball Field Lighting Project Proposal Revised 10.8.24r Attachment 3 - Musco Sports Lighting - Brubaker Park Baseball Field Lighting - 2025-042
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CITY OF HEMET RESOLUTION NO. 2024-XXX 1
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CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, AWARDING AN AGREEMENT
FOR THE PURCHASE AND INSTALLATION OF FIELD
LIGHTING AT BRUBAKER PARK (CIP 5740) FROM
MUSCO SPORTS LIGHTING, LLC IN THE AMOUNT OF
$647,053 UTILIZING THE SOURCEWELL CONTRACT
#041123-MSL AND AUTHORIZING THE CITY MANAGER
TO EXECUTE ALL DOCUMENTS RELATED TO THE
AGREEMENT AND AUTHORIZE A 10% CONTINGENCY
IN THE AMOUNT OF $64,705
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the City Council allocated ARPA funding for improvements to the Brubaker Park baseball facilities in March 2022; and
WHEREAS, one of the largest improvements contemplated in the funding allocation was to light two of the fields on either side of the snack bar; and WHEREAS, on August 9, 2022, the City Council adopted the 2022 annual update to the City's five-year Capital Improvement Program (CIP) that included CIP 5740 to make improvements to the Brubaker Park baseball facilities to include field lighting.; and
WHEREAS, in 2023 a large field renovation project was completed and in early 2024 a new operator, Hemet Little League, was awarded a license agreement for the facility.; and
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CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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WHEREAS, City staff recommends that the City Council award an agreement to Musco Sports Lighting LLC in the amount of $647,053 to supply and install the custom sports lighting and control system for the Gibbel Skate Plaza.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1. FINDINGS - The recitals set forth above are hereby adopted as findings in support of this Resolution.
SECTION 2. AWARD AGREEMENT – The City Council hereby awards Musco Sports Lighting, LLC an agreement to supply and install the custom designed field lighting and control system for the Brubaker Park baseball facility constructed at 3707 Mustang Way, Hemet, CA 92545.
SECTION 3. AUTHORIZATION – The City Council authorizes the City Manager to execute all documents related to the agreement with Musco Sports Lighting LLC and a 10% construction contingency in the amount of $64,705.
SECTION 4. EFFECTIVE DATE - This Resolution shall become effective upon adoption.
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CITY OF HEMET RESOLUTION NO. 2024-XXX 3
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PASSED, APPROVED AND ADOPTED this 22nd day of October, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
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CITY OF HEMET RESOLUTION NO. 2024-XXX 4
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 22nd day of October, 2024, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk
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Brubaker Park Little League Baseball Field Lighting Project Hemet, California
Date: August 2, 2024 Revised October 8, 2024
To: Noah Rau– The City of Hemet
Cooperative Purchase Agreement
Sourcewell
Contract Number: 041123-MSL, Expiration: 06/16/2024
Category: Sports lighting with related supplies and services Musco Sports Lighting, LLC #041123-MSL:
Pricing for contract #041123-MSL is provided at 5% off list price for materials to Sourcewell participating agencies. Musco Sports Lighting, LLC is a custom designed, engineered to order lighting system.
Any pricing obtained from Musco Sports Lighting, LLC has the 5% discount for the materials applied.
Brubaker Park- Baseball Field #1, and Baseball Field #2 Musco’s Lighting Equipment as described below and delivered to the job site:
Baseball #1 and #2 Musco Lighting Equipment with Installation: $591,000.00 Sales Tax on Lighting Material only – 8.75% $29,674.58
Project Bonding: +$4,340.25
Pricing furnished is effective for 90 days unless otherwise noted and is kindly considered confidential.
Brubaker Park Field Size Descriptions
Field #5- Little League Field (201’, 225’, 190’ Radius) Field #8- Little League Field (210’, 225’, 210’ Radius) Equipment Description-Baseball Field #5- 201’ L, 225’ C, 190’ R. Baseball Field 8-210’ L, 225’ C, 210’ R • (8) Pre-cast concrete bases- A1, A2, A3, A4, B1, B2, B3, B4 • (8) 70’ Galvanized steel poles- A1, A2, A3, A4, B1, B2, B3, B4 • (24) TLC LED 1200 Factory-aimed and assembled luminaries • (8) TLC LED 900 Factory-aimed and assembled luminaries • (10) TLC LED 575 BT Factory-aimed and assembled luminaries • (8) OSQ Security Light fixtures rear facing on all poles mounted at 30’. • (2) GFCI Assemblies on A2, A3with Extra duty lockable cover mounted at ~44”. (wiring by electrical contractor installing the electrical system) On Field Performance – Control to benefit players, fans (1) Control and Monitoring Cabinets (CMC). (1x) 24” x 72” CMC. Control-Link® System for remote on/off control and performance monitoring with 24/7 customer support- Lighting Control Zones to be configured with site electrical design- per the electrical design. *Musco Lighting Controller (CMC) can control up to 7 lighting zones.
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Environmental Light Control – Control for neighbors and the environment Reduction of spill light and glare by 50% or more
See Musco Lighting Design dated June 10, 2024.
Always Ready to Play – Control assuring the results you expect Product assurance and warranty program that includes materials and onsite labor, eliminating 100% of your maintenance costs for 25 years.
Notes
Quote is based on:
• Shipment of entire project together to one location
• See Musco Structural Design dated 6-14-24.
• Includes structural design services for the Musco Light poles. CBC 2022, mph 96. • Delivery to the job site will be 10-14 weeks after submittal approval, confirmation of order details, and coordination with any test and inspection agency assigned to the project. • Musco shall provide an installation schedule upon confirmation of order details.
Thank you for the opportunity to discuss Musco’s innovative lighting solutions; we are determined to provide you with the best value option for your facility. Please contact us if you have any questions.
Mike Higgins
Musco Sports Lighting, LLC
3002 Dow Ave, Suite #504
Tustin, CA 92780
Office: 800-659-0117x6121
Mobile: 714-614-0863
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Brubaker Park Baseball Field Lighting Project
Hemet, CA
Turnkey Installation Scope of Work
Customer Responsibilities:
1. Complete access to the site for construction using 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. Stop irrigation prior to the start of work and throughout construction in work areas.
4. Pay any necessary SCG power company fees and requirements.
5. Pay all permitting fees (city requirements).
6. Utility Fees / Permits.
Musco Responsibilities:
1. Provide Light Poles, Light Fixtures, Lighting Control Equipment including electrical enclosures, wire harnesses. A1, A2, A3, A4, B1, B2, B3, B4, including (8) Cree OSQ security light fixtures.
2. Provide layout of pole locations and aiming diagram.
3. Provide Project Management as required.
4. Provide structural design and calculations.
5. Assist our installing subcontractor and ensure our responsibilities are satisfied.
Musco Inclusions Based on Site Walk:
1. Upgrade panel A to 200amps for future ballfield lighting.
2. Add (2) GFCI pier mounted receptacles (~16” above grade) to A2 and A3. (will require one additional power circuit, and a transformer for power)- see photo of the GFCI
3. Add pull box, and 8x (2”) conduits to location on the sketch near the pathway. (this conduit will be used for future lighting). Connect from Panel A / Musco CMC for future use).
4. Musco will provide a small step-down transformer to provide 120v power to the Musco CMC. See Panel A, circuit 22. (FEC to install transformer).
Musco Exclusions:
A. Plan Check Fees, permits. Musco / FEC Electric can pull no fee city permits as needed.
B. Removal of rock or other hard materials from trenching and drilling operations. FEC Electric shall stockpile spoils in city designated space.
Musco Subcontractor Responsibilities General:
1. Provide labor, equipment, and materials to offload equipment at jobsite per scheduled delivery.
2. Provide storage containers for material, as needed.
3. Provide necessary waste disposal and daily clean up.
4. Provide adequate security to protect Musco delivered products from theft, vandalism or damage during the installation.
5. Obtain any required no fee permitting as directed by the city (if required).
6. Assist the city of Hemet to confirm the existing underground utilities and irrigation systems have been located and are clearly marked to avoid damage from construction equipment.
7. Heavy equipment may create ruts in grass/infield area. Coordinate trench lines, boring (if applicable), and lift equipment routing to the edge of each baseball field when possible to reduce impact to grass surfaces.
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8. Provide startup and aiming as required to provide complete and operating sports lighting system.
9. Installation to commence upon delivery and proceed without interruption until complete. Musco to be immediately notified of any breaks in schedule or delays.
10. Grounding for all light poles.
Light Pole ECE’s, 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 8 poles with luminaries. Light Poles A1, A2, A3, A4, B1, B2, B3, B4.
3. Install (8) Cree Security light fixtures at 30’ each pole.
4. Provide labor, materials, and equipment to assemble Musco TLC-LED luminaires, electrical component enclosures, pole top assemblies, and pole harnesses.
Electrical:
1. See E-001, E-002, E-003, E-011, E-012, E-201, E-202, E-203, E-204, E-205.
2. Final electrical plans prepared by IDS.
3. Provide labor, materials and equipment to install (1) Musco Control and Monitoring Cabinet in the new electrical enclosure near existing switchgear.
4. New concrete pad for switchboard.
5. Furnish and install a new 200A, distribution section, and one empty section for the Musco Control and Monitoring Cabinet.
6. Trench, bore (if applicable), conduit native backfill, pull boxes, wire, and terminations.
7. Stockpile excess soil in city designated area.
8. Provide as-built drawings on completion of installation.
Control System:
1. Provide labor, equipment, and materials to install (1) Musco Control and Monitoring Cabinets and terminate all necessary wiring.
2. Provide a dedicated 120 V 20 A controls circuit via Musco supplied step-down transformer for 120 V control circuit.
3. Check all zones to make sure they work in both auto and manual mode.
4. Commission Control-Link® by contacting Control Link Central™ at 877-347-3319.
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 duty toward Subcontractor’s employees to train, manage, supervise, monitor, and inspect their work activities for the 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.
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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. Subcontractor’s employees and agents shall be required to wear appropriate personal protective equipment 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 shall provide for and ensure the use of safety equipment for the Project in accordance with Musco’s and Owner’s safety requirements, to the extent these may be stricter than federal, state, or local standards, or generally recognized industry applicable standards. f. Subcontractor shall provide the Musco project manager with an “Emergency List” showing Subcontractor’s 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 all insurance and worker’s compensation claims involving the Project.
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. Subcontractor’s employees and agents are prohibited from using drugs and alcohol on the Project property or 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. Subcontractor’s work directly reflects the quality of the installation and may indirectly relate to the quality of the product upon which Musco’s reputation is built. 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.
All personnel provided by Subcontractor shall understand the relationship developed by and between Subcontractor and Musco, also by and between Mus
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MINOR PUBLIC WORKS AGREEMENT
BY AND BETWEEN
THE CITY OF HEMET,
A CALIFORNIA MUNICIPAL CORPORATION
AND
MUSCO SPORTS LIGHTING, LLC.
A LIMITED LIABILITY COMPANY
AGREEMENT # 2025-042
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MINOR PUBLIC WORKS AGREEMENT
BETWEEN THE CITY OF HEMET AND MUSCO SPORTS LIGHTING, LLC.
BRUBAKER PARK BASEBALL FIELD LIGHTING PROJECT
This MINOR PUBLIC WORKS AGREEMENT (“Contract”) is made and entered into this 23rd day of October, 2024 (“Effective Date”), by and between the CITY OF HEMET (“City”), a California municipal corporation and Musco Sports Lighting, LLC., a limited liability company (“Contractor”). For the purposes of this Contract, City and Contractor are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.
B. City desires to engage Contractor for performance of the following public work of improvement Brubaker Park Baseball Field Lighting Project (the "Project” or the “Work").
C. Contractor represents that it is a licensed contractor pursuant to section 7000 et seq. of the Business and Professions Code in the following classification(s) C-10 which it shall maintain for the duration of the Contract.
D. Contractor further represents that it has examined and is fully familiar with all of the provisions of the Contract Documents; that it has satisfied itself as to the nature and location of all Work, the general and local conditions to be encountered in the performance of any Work, and all other matters which can in any way affect the Work or the cost thereof to the extent readily ascertainable without invasive or exhaustive investigation.
E. Contractor has submitted a proposal to City, incorporated herein by this reference, to perform all work and furnish the labor, supervision, materials and equipment, and operations necessary and required to complete the Project in strict accordance with the provisions of the Contract Documents, and at the prices stated.
F. The Parties desire to enter into this Contract for the purpose of setting forth the terms and conditions upon which the Contractor shall complete the Project.
G. In Compliance with federal, state, and City procurement regulations, the City obtained competitive pricing for the Project using the Sourcewell Cooperative Agreement with Contractor, Contract number 041123-MSL, attached hereto and incorporated herein by reference as Exhibit “H” [Cooperative Agreement].
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OPERATIVE PROVISIONS
NOW, THEREFORE, for and in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. SCOPE
A. Contractor shall furnish all necessary management, supervision, labor, materials, tools, supplies, equipment, plant, services, engineering, testing and/or any other act or thing required to diligently and fully perform and complete the Project in accordance with the Contract Documents, which is generally described as follows:
Brubaker Park Baseball Field Lighting Project
Without limiting the foregoing description, Contractor’s scope of work includes, but is not limited to, the following:
1. Submit any required samples, product data, certificates, operations and maintenance instructions, guarantees, and other submittals no later than ten (10) working days after the date City issues a Notice to Proceed and before the preconstruction meeting.
2. Submit a list of any permits and licenses the Contractor shall obtain indicating the agency granting the permit, the expected date to submit the application, and the required date for the receipt of the permit.
3. Protect all materials to be used in the Work in accordance with the specifications.
4. Protect existing facilities and personal property.
5. Attend a preconstruction conference with City to discuss schedule, access, sequence of work, and other issues.
6. If requested by City, prepare and submit a written daily activity report to City for each day on which work is performed, including weekends and holidays when worked, and submit reports to City no later than the next business day. The daily reports shall, at a minimum, include the following information: construction activities and locations, construction crew sizes of general and subcontractors, start or completion of activities, progress on construction activities (including units or portions of work completed), tests or inspections performed, deliveries of material or equipment, delays or potential delays, visitors to the site, weather conditions, construction equipment used, and personal injuries or damage to property.
7. The Contractor shall be responsible for unloading, hoisting and otherwise handling its own materials, supplies and equipment.
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8. Coordinate with City-scheduled events.
9. The Contractor is responsible for researching and complying with all local codes, agencies and jurisdictions that regulate and govern the Work.
10. Contractor shall set up, identify, coordinate, provide safe access, and obtain all inspections for its work, as required by any authorized agency or applicable code, prior to covering up work.
B. The following documents are incorporated into and made part of this Contract by this reference:
1. Insurance Requirements (Exhibit A)
2. Designation of Subcontractors Form (Exhibit B)
3. Public Works Contractor Registration Certification (Exhibit C)
4. Payment and Performance Bonds (Exhibit D)
5. Contractor’s Proposal (Exhibit E)
6. Plan Sheets prepared by IDS Group and dated January 23, 2024 revised September 13, 2024 (Exhibit F)
7. Change orders issued in accordance with the Contract Documents (Exhibit G)
8. Sourcewell Cooperative Agreement (Exhibit H)
9. Standard Specifications for Public Works Construction (the “Green Book”), excluding Sections 1 through 9, most recent version
C. These documents shall be referred to collectively as the "Contract Documents." The Contract Documents are intended to be complementary, and a requirement in one document is as effective as if it appeared in all of the Contract Documents. In the event of a conflict between any of the Contract Documents, the documents shall be given effect in the following order: Change Orders (most recent first), Addenda (most recent first), Contract, Insurance Requirements, Technical Specifications, Plans, Standard Specifications, Contractor’s Proposal/Schedule of Pay Items.
D. Contractor shall comply with all requirements of the Contract Documents. Where there is a conflict between the requirements of the Contract Documents, the more stringent requirements shall govern.
SECTION 2. PRICE
A. City agrees to pay, and Contractor agrees to accept, the sum of Six Hundred and TwentyFive Thousand Fourteen Dollars and Eighty-Three Cents ($625,014.83) (the “Contract Price”) subject to adjustments for changes in the work as may be directed in writing by City, as payment in full for the Work. Work to be done at unit prices will be paid based on actual quantities of work performed and accepted.
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B. Contractor shall submit a payment application for the total work completed once each month and upon completion of the Project and satisfaction of all conditions of the Contract Documents. City shall make payment within forty-five (45) days of receipt of an undisputed payment application, less five (5%) percent retention. City shall release the retained funds (less any amounts in dispute, deducted for liquidated damages or as required by law, or other offsets) no less than thirty-five (35) days after the date City accepts the Work. Pursuant to Public Contract Code section 22300, for monies earned by the Contractor and withheld by City to ensure the performance of the Contract, the Contractor may, at its option, choose to substitute securities meeting the requirements of Public Contract Code section 22300.
If any of the Work is to be paid based on unit prices, Contractor shall submit a monthly itemized estimate of Work done for the purpose of making progress payments. Contractor shall submit, with each of its payment requests, an adjusted list of actual quantities, verified by City, for unit price items listed, if any, in the Schedule of Pay Items. Following City’s acceptance of the Work, the Contractor shall submit to City a written statement of the final quantities of unit price items for inclusion in the final payment request. City shall have the right to adjust any estimate of quantity and to subsequently correct any error made in any estimate for payment. City makes no representation that the actual quantities of work performed will not vary from the estimates.
C. Contractor agrees to furnish, as a condition of payment, payroll affidavits, receipts, vouchers, certified payroll reports, and other documents, in form satisfactory to City, prior to receipt of any payment. Contractor shall submit Conditional and Unconditional waivers and release of lien upon (as provided in California Civil Code sections 8132, 8134, 8136 and 8138) on behalf of itself, subcontractors and suppliers that furnished labor, material, equipment or services to the Project.
D. In accordance with California Public Contract Code Section 22300, City will permit the substitution of securities for any monies withheld by City to ensure performance under the Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with City, or with a state or federally chartered bank in California as the escrow agent, and thereafter City shall then pay such monies to the Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to the Contractor. For purposes of this section and Section 22300 of the Public Contract Code, the term "satisfactory completion of the contract" shall mean the time City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. The escrow agreement used for the purposes of this section shall be in the form provided by City.
E. All City vendors and consultants receiving new contracts, contract renewals, or contract extensions must sign up to receive electronic payments through the City's Automated Clearing House (ACH) payments service/provider. Electronic payments are processed biweekly and are safe and secure. To sign up for electronic payments contact [email protected].
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F. The Parties estimate that performance of this Agreement will not exceed the Not to Exceed Amount. Vendor shall notify the City in writing whenever it has reason to believe that the costs the Consultant expects to incur under this Agreement in the following sixty (60) days, when added to all costs previously incurred, will exceed eighty percent (80%) of the Maximum Amount specified herein. As part of the notification, the Consultant shall provide the City a revised estimate of the total cost of performing this Agreement.
SECTION 3. ENTIRE AGREEMENT
This Contract represents the entire agreement between City and Contractor and supersedes any prior written or oral representations. No oral order, objection, direction, claim or notice by any party or person shall affect or modify any of the terms or obligations contained in the Contract Documents.
SECTION 4. TIME
A. Contractor shall complete the Project no later than 60 calendar days following City's issuance of the Notice to Proceed (the "Contract Time").
B. Contractor shall provide City with scheduling information in a form acceptable to City, including any changes made by City in the scheduling of Work. Contractor shall coordinate its Work with that of all other contractors, subcontractors, and suppliers so as not to delay or damage their performance.
C. If Contractor fails to complete the Project within the Contract Time, City will sustain damage. It is and will be impracticable to determine the actual damage which City will sustain in the event of and by reason of such delay; therefore, Contractor will pay to City the sum of two thousand ($2,000) dollars for each and every calendar day beyond expiration of the Contract Time. Contractor agrees to pay such liquidated damages as herein provided, and in case the same are not paid, agrees that City may deduct the amount thereof from any monies due or that may become due to Contractor under the Contract.
D. It is further agreed that in case Contractor fails to complete the Project in all parts and requirements within the Contract Time, City shall have the right to extend the Contract Time or not, as may seem best to serve the interest of City; and if it decides to extend Contract Time, City shall further have the right to charge to Contractor, his heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as it may deem proper, of the actual cost of engineering, inspection, superintendence, and other overhead expenses directly chargeable to the Contract that accrue during the period of such extension.
E. Contractor will not be assessed with liquidated damages or the cost of engineering and inspection during the delay in the completion of the Project caused solely by acts of God
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or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or delays of subcontractors due to such causes, provided that Contractor shall within three (3) days from the beginning of any such delay, notify City, in writing of the causes of delay. The City Manager, or his designee, shall ascertain the facts and the extent of delay, and his or her findings thereon shall be final and conclusive.
F. As an express condition of any adjustment of the Contract Time or Contract Price on account of delay, including delay caused by acts of City, Contractor must give City written notice of the commencement of delay within three (3) days of its occurrence.
SECTION 5. LABOR
A. Prevailing Wages. This Contract is subject to California Labor Code (“Labor Code”) Sections 1720 et seq., and Contractor and any subcontractor shall pay not less than the specified prevailing rates of wage to all workers employed in performance of the Work.
Pursuant to the provisions of Section 1770 of the Labor Code, City has obtained the general prevailing rate of wages and employer payments for health and welfare, vacation, pension and similar purposes, as determined by the Director of the Department of Industrial Relations, a copy of which is on file in the office of City and shall be made available for viewing to any interested party upon request. The Contractor and each subcontractor shall forfeit as a penalty to City not more than two hundred ($200) dollars for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rate in violation of the Labor Code. In addition, the difference between the prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by Contractor.
B. Employment of Apprentices. Contractor's attention is directed to the provisions in Section 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by Contractor or any subcontractor under Contractor. It shall be the responsibility of Contractor to effectuate compliance apprentices on the part of itself and any subcontractors with the requirements for employment. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations.
C. Payroll Records. Pursuant to Labor Code Section 1776, Contractor and each subcontractor shall maintain weekly certified payroll records showing the name, address, social security number, work classification, straight time and overtime hours paid each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed in connection with the work. Contractor shall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor shall also require subcontractor(s) to certify weekly payroll records under penalty of perjury. In the event of noncompliance with the requirements of this section, Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying any item or actions necessary to achieve compliance with this section. If Contractor or subcontractor
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does not comply after such ten (10) day period, the Contractor shall, as a penalty to City, forfeit one hundred ($100) dollars for each day, or portion thereof, for each worker until strict compliance is effectuated.
Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations on a weekly basis and in the format prescribed by the Department of Industrial Relations, which may include electronic submission. Contractor shall comply with all requirements and regulations from the Department of Industrial Relations relating to labor compliance monitoring and enforcement.
D. Public Works Contractor Registration.
1. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations.
2. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. To this end, Contractor shall execute the Public Works Contractor Registration Certification attached hereto as Exhibit C, attesting to the facts contained therein. In addition, Contractor shall provide the registration number for each listed subcontractor in the space provided in Exhibit B “Designation of Subcontractors Form.”
3. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In executing this Contract, Contractor acknowledges that it has reviewed all applicable labor compliance requirements and included the cost of complying with such requirements in its bid.
E. Hours of Work.
1. Eight (8) hours of work shall constitute a legal day’s work. The Contractor and each subcontractor shall forfeit, as penalty to City, twenty-five dollars ($25) for each worker employed in the execution of Work by the Contractor or any subcontractor for each day during which such worker is required or permitted to work more than eight (8) hours in any one day and forty (40) hours in any week in violation of the provisions of the Labor Code, and in particular, section 1810 to section 1815, except as provided in Labor Code section 1815.
2. The Contractor shall perform all work during the hours of 7:00 a.m. to 4:00 p.m., Monday through Friday unless otherwise authorized by City in writing. If Contractor wishes to work during any other hours or on weekends, written permission must be received from City. The request must be received at least two (2) working days in advance of any work. No work will be allowed on City holidays except in the case of an emergency. A listing of City holidays is on file in the office of City Clerk. If
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Contractor requests overtime work in which City will incurs costs, Contractor shall be responsible for payment of City's costs incurred in connection with the overtime work.
City will invoice the Contractor at time and one half to cover the costs incurred. If Contractor does not pay the invoice within ten (10) days, City may deduct the amount billed from other payments due or to become due to Contractor under the Contract.
F. Labor Compliance. In accordance with Labor Code section 1771.4, Contractor shall post, at appropriate conspicuous points on the Project site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages actually earned.
G. Labor Certification. Pursuant to the requirements of Division 4 of the Labor Code, the Contractor will be required to secure the payment of worker's compensation to its employees in accordance with the provisions of section 3700 of the Labor Code. Prior to commencement of work, the Contractor shall sign and file with the engineer a certification in the following form:
"I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake selfinsurance in accordance with the provisions before commencing the performance of the work of this Contract."
H. Full compensation for conforming to the requirements of this section shall be considered as included in the Contract Price, and no additional compensation will be allowed therefore.
SECTION 6. CHANGES IN WORK
A. Contractor shall make no changes in the Work without written direction from City.
Contractor shall not be compensated for any change made without City’s written direction.
No changes in the work covered by this Contract shall exonerate any surety or any bond given in connection with this Contract.
B. If City directs the Contractor in writing to make changes in the work that materially affect the cost of performing the Work, the Contract Price will be adjusted based on one of the following:
1. Where the work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities involved in the changed Work;
2. By a combination of existing and new unit prices and related quantities for the changed work;
3. Time and Materials, calculated as set forth in Section 6(C), below; or
4. By mutual acceptance of a lump sum.
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C. The cost for extra or changed work performed on a time and materials basis shall be determined as follows:
1. Labor. Contractor will be paid cost of labor for workers used in actual and direct performance of extra work, including only actual wages paid shall include any employer payments to or on behalf of workers for health and welfare, pension, vacation, and similar purposes.
2. Material. Only materials furnished by Contractor and necessarily used in performance of extra work will be paid for. Cost of such materials will be cost, including sales tax and delivery charges, to purchaser (Contractor, subcontractor or other forces) from supplier thereof.
3. Equipment. For Contractor-owned equipment, payment will be made at rental rates listed for equipment in the California Department of Transportation official equipment rental rate schedule which is in effect on the date upon which extra work is accomplished and which schedule is incorporated herein by reference as though fully set forth herein. If there is no applicable rate for an item of equipment, then payment shall be made for Contractor-owned equipment at rental rate listed in the most recent edition of the Association of Equipment Distributors (AED) book. a. For rented equipment, payment will be made based on actual rental invoices. Equipment used on extra work shall be of proper size and type.
b. Rental rates paid shall be deemed to cover cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Unless otherwise specified, manufacturer's ratings, and manufacturer-approved modifications, shall be used to classify equipment for determination of applicable rental rates. Rental time will not be allowed while equipment is inoperative due to breakdowns.
c. Individual pieces of equipment or tools having a replacement value of one hundred ($100) dollars or less, whether or not consumed by use, shall be considered to be small tools.
4. Work Performed by Special Forces or Other Special Services. When City and Contractor, by agreement, determine that special service or item of extra work cannot be performed by forces of Contractor or those of any subcontractors, service or extra work may be performed by a specialist.
Invoices for service or extra work shall be based on the current market price thereof and may be accepted without complete itemization of labor, material,
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and equipment rental costs when it is impracticable and not in accordance with established practice of special service industry to provide complete itemization. In those instances, wherein, Contractor is required to perform extra work necessitating a fabrication or machining process in a fabrication or machine shop facility away from the Project Site, charges for that portion of extra work performed in such facility may, by agreement, be accepted as a specialist billing. In lieu of overhead and profit provided in paragraph 5(a) “Overhead Defined”, below, fifteen percent (15%) will be added to specialist invoice price, after deduction of any cash or trade discount offered or available, whether or not such discount may have been taken.
5. Overhead Defined. The following constitutes charges that are deemed included in overhead for all Contract modifications, including work performed on a Time and Materials basis. Contractor shall not invoice or receive payment for these costs separately: Drawings: field drawings, Shop Drawings, etc., including submissions of drawings; Routine field inspection; General Superintendence; General administration and preparation of cost proposals, schedule analysis, Change Orders, and other supporting documentation; Computer services; Reproduction services; Salaries of project engineer, superintendent, timekeeper, storekeeper, and secretaries; Janitorial services; Small tools, incidentals and consumables; Temporary onSite facilities (Offices, Telephones, Plumbing, Electrical Power, Lighting; Platforms, Fencing, Water, Home office expenses; vehicles and fuel used for work otherwise included in the Contract Documents; Surveying; Estimating; Protection of Work; Handling and disposal fees; Final cleanup; Other incidental Work; Related warranties.
6. Overhead and Profit for Time and Materials. For work Contractor performs on Time and Materials at City’s direction, the following markups will be added to the cost of labor, materials and equipment, calculated as described above.
a. Overhead and profit on labor shall be fifteen percent (15%). b. Overhead and profit on materials shall be ten percent (10%). c. Overhead and profit on equipment rental shall be ten percent (10%). d. On proposals covering both increases and decreases in Contract Price, overhead and profit shall be allowed on the net increase only as determined in this paragraph. When the net difference is a deletion, no percentage for overhead or profit will be allowed, but rather a deduction shall apply.
e. The markup shall include profit, small tools, cleanup, supervision, warranties, cost of preparing the cost proposal, jobsite overhead, and
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home office overhead. No markup will be allowed on taxes, insurance, and bonds.
D. If City directs Contractor in writing to make changes in the Work that materially affect the time required to perform the Work, City will make a reasonable adjustment to the Contract Time.
SECTION 7. CLAIMS AND DISPUTES
A. If any dispute shall arise between City and Contractor regarding performance of the Work, or any alleged change in the Work, Contractor shall timely perform the disputed Work and shall give written notice of a claim for additional compensation for the Work to City within three (3) days after commencement of the disputed Work. Contractor's failure to give written notice within the three (3)-day period constitutes an agreement by Contractor that it will receive no extra compensation for the disputed Work.
B. If a claim cannot be resolved through direct discussions between City and Contractor, disputes for three hundred seventy-five thousand ($375,000) dollars or less shall be handled in accordance with Public Contract Code Sections 20104 et seq. City shall respond in writing within the statutory time period(s), or, may request in writing within thirty (30) days of receipt of the claim, any additional documents supporting the claim or relating to defenses or claims City may have against the claimant. If additional information is needed thereafter, it shall be provided upon request. City's response shall be submitted within the statutory timeframe after receipt of the further documents, or within the same period of time taken by the claimant to produce the additional information or documents, whichever is greater. Contractor shall make these records and documents available at all reasonable times, without any direct charge.
C. If a claim is more than three hundred seventy-five thousand ($375,000) dollars, City shall respond in writing within a reasonable period of time to review and analyze the claim. The Parties also agree to participate in mediation with a mutually agreeable mediator following an exchange of documents reasonably necessary for resolution of the issues in dispute.
D. If Contractor disputes City's response, or if City fails to respond within the statutory time period(s), Contractor may so notify City within fifteen (15) days of the receipt of the response or the failure to respond, and demand an informal conference to meet and confer for settlement. Upon such demand, City shall schedule a meet and confer conference within thirty (30) days.
E. If following the meet and confer conference, the claim or any portion thereof remains in dispute, Contractor may file a claim pursuant to Government Code sections 900 et seq. and Government Code section 910 et seq. For purposes of those provisions, the time within which a claim must be filed shall be tolled from the time Contractor submits the written claim until the time the claim is denied, including any time utilized for the meet and confer conference.
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F. Submission of a claim, properly certified, with all required supporting documentation, and written rejection or denial of all or part of the claim by City, is a condition precedent to any action, proceeding, litigation, suit, or demand for arbitration by Contractor.
G. Venue for any litigation arising out of or relating to this Contract shall be Riverside County, California.
H. Pursuant to Public Contract Code section 9201(b), City shall provide Contractor with timely notification of the receipt of any third-party claim relating to the Contract.
SECTION 8. INSPECTION AND PROTECTION OF WORK
A. Responsibility for, and security of, all work and materials is the responsibility of the Contractor until final acceptance of the Project by City.
B. All Work shall be inspected by City. The charges for inspection shall be in accordance with City’s regulations. If City is unable to provide an inspector or inspectors, Contractor shall reschedule the Work for another time at no cost to City. Work performed without inspection shall be rejected.
C. Contractor shall make the Work accessible at all reasonable times for inspection by City.
Contractor shall, at the first opportunity, inspect all material and equipment delivered to the Project Site by others to be used or incorporated in the Contractor's Work and give prompt notice of any defect therein. Contractor assumes full responsibility to protect the Work done hereunder until final acceptance by City.
D. When the Work is completed, Contractor shall request, in writing, a final inspection.
Within ten (10) days of the receipt of such request, City shall make a final inspection.
Contractor or its representatives may be present at the final inspection. The purpose of such final inspection shall be to determine whether the Work has been completed in accordance with the Contract Documents, including all Change Orders and all interpretations and instructions previously issued.
E. City may reject materials or Work that does not meet the requirements of the Contract Documents. If City does so, Contractor shall promptly remove the rejected materials or Work and replace it with materials or Work that meet the requirements of the Contract Documents, at no additional cost to City.
SECTION 9. ASSIGNMENT AND SUBCONTRACTING
A. Contractor shall give personal attention to the performance of the Contract and shall keep the Work under its control.
B. No subcontractors will be recognized as such, and all persons engaged in the work of construction will be considered as employees of the Contractor, who will be held
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responsible for their work which shall be subject to the provisions of the Contract and specifications.
C. No subcontractor who is ineligible to bid work on, or be awarded, a public works project under Labor Code sections 1771.1 or 1777.7 can bid on, be awarded or perform Work as a subcontractor on the Project. The Contractor is prohibited from performing Work on the Project with a subcontractor who is ineligible to perform work on a public works project under these sections of the Labor Code.
D. When a portion of the Work which has been subcontracted by Contractor is not being prosecuted in a manner satisfactory to City, the subcontractor shall be removed immediately on the request of City in the manner required by law and shall not again be employed on the Work.
E. Contractor shall not assign any portion of the Work to be performed under this Contract or any of the rights or obligations under this Contract, without the prior written consent of City, which consent may be withheld in City’s sole and absolute discretion.
SECTION 10. TERMINATION
A. Should Contractor fail within seven (7) calendar days from receipt of City's written notice to correct any default, including but not limited to failure to perform the Work in accordance with the Contract Documents, failure to comply with the directions of City, or failure to pay its creditors, City may terminate this Contract and/or, in its sole discretion, make a demand on Contractor’s performance bond surety. Following a termination for default, City shall have the right to take whatever steps it deems necessary to complete the Project and correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of City's corrective action, including reasonable overhead, profit and attorneys' fees.
B. City may at any time terminate the Contract at City's convenience upon five (5) days written notice to Contractor. In the event of termination for convenience, Contractor shall recover only the actual cost of Work completed to the date of termination, which costs are documented to City's satisfaction. Contractor shall not be entitled to any claim or lien against City for any additional compensation or damages in the event of such termination.
C. If City terminates Contractor for cause, and if it is later determined that the termination was wrongful, such default termination shall automatically be converted to and treated as a termination for convenience. In such event, Contractor shall be entitled to receive only the amounts payable under this section, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits.
SECTION 11. HOLD HARMLESS AND INDEMNIFICATION
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A. City and all officers and employees thereof connected with the Work, shall not be answerable or accountable in any manner: for any loss or damage that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work; for injury to or death of any person; or for damage to property from any cause except losses due to sole or active negligence of City’s officers or employees.
B. Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or related to the Work, except such loss or damage which is caused by the sole or active negligence or willful misconduct of City. Should conflict of interest principles preclude a single attorney from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse City its costs of defense, including without limitation reasonable attorney’s fees, expert fees and all other cost and fees of litigation. Contractor shall promptly pay any final judgment rendered against City (and its officers, officials, employees and volunteers) except for claims determined by a trier of fact to have been the result of City’s sole or active negligence or willful misconduct.
The foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Contract.
C. Contractor’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an indemnified party. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction.
In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.
D. In addition to any remedy authorized by law, contract funds sufficient to pay for any claim may be retained by City until disposition has been made of such suits or claims for damage.
SECTION 12. BONDS AND INSURANCE
A. Bonds.
1. Within ten (10) business days after being notified of the award of the Contract, and before City will execute this Contract, Contractor shall furnish and file with City Performance and Payment Surety bonds as set forth below.
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2. Contractor shall submit the bonds on the forms provided Exhibit D, attached hereto, duly executed by a responsible corporate surety listed in the United States Department of the Treasury circular entitled "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies," authorized to do business in the State of California and acceptable to City conditioned upon the faithful performance by the Contractor of all requirements of the Contract Documents. Each of the bonds shall be in a sum no less than one hundred percent (100%) of the Contract Price.
B. Insurance.
1. Contractor shall obtain, at its sole cost and expense, all insurance required by Exhibit A. Certificates of such insurance and copies of the insurance policies and endorsements shall be delivered to City within fifteen (15) working days after being notified of the award of the Contract, and before execution of this Contract by City.
SECTION 13. WARRANTY
Contractor warrants to City that all materials and equipment furnished shall be new, free from faults and defects and of good quality and conform to the requirements of the Contract Documents.
Contractor hereby warrants its Work against all deficiencies and defects for the period required by the Contract Documents or the longest period permitted by California law, whichever is greater.
Unless otherwise stated in the Contract Documents, warranty periods shall begin upon the filing of the Notice of Completion and shall be for one year.
This section shall not limit City’s rights under this Contract or with respect to latent defects, gross mistakes, or fraud. City specifically reserves all rights related to defective work, including but not limited to defect claims pursuant to California Code of Civil Procedure section 337.15.
SECTION 14. LAWS TO BE OBSERVED
A. Contractor shall keep itself fully informed of all existing and future state and federal laws and county and municipal ordinances and regulations that in any manner affect those engaged or employed in the Work, or the materials used in the Work, or which in any way affect the conduct of Work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.
B. Contractor shall at all times observe and comply with, and shall cause all of its agents and employees to observe and comply with all such existing and future Federal, State and local laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any jurisdiction or authority over the Project; and shall protect and indemnify City, and all officers and employees thereof connected with the Project, against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, by Contractor. If any discrepancy or inconsistency is discovered in the plans,
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drawings, specifications, or Contract for the Work in relation to any such law, ordinance, regulation, order or decree, Contractor shall promptly report the same to City in writing.
C. This Contract shall be governed by and construed in accordance with the laws of the State of California.
SECTION 15. CLEAN-UP
Contractor will remove from the Project Site all debris resulting from performance of the Work no less often than daily. If Contractor fails to do so, City may, after twenty-four (24) hours' notice to Contractor, clean up the Project Site and deduct the cost from the Contract Price.
SECTION 16. STATE LICENSE BOARD NOTICE
Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation.
SECTION 17. INTENTIONALLY OMITTED
SECTION 18. MISCELLANEOUS
A. Existing Utilities.
1. The location of known existing utilities and pipelines are shown on the plans in their approximate locations. However, nothing herein shall be deemed to require City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the Project can be inferred from the presence of other visible facilities, such as buildings, cleanouts, meter and junction boxes, on or adjacent to the site of the Project. Underground facilities not known to City may exist, or be in a location different from that which is shown in the Contract Documents.
2. Contractor shall take all steps reasonably necessary to ascertain the exact location of all underground facilities prior to doing work that may damage such facilities or interfere with their service, including but not limited to calling underground service alert to locate utilities in accordance with the procedures described in Government Code section 4215 et seq. Contractor shall protect from damage any utility facilities that are to remain in place, be installed, relocated or otherwise rearranged. Contractor shall not be entitled to additional compensation nor time extensions for work necessary to avoid interferences nor for repair to damaged utilities if Contractor does not expose all such existing utilities as required by this section.
3. After the utility survey is complete, Contractor shall commence “potholing” or hand digging to determine the actual location of the pipe, duct, or conduit. Contractor shall
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notify City before starting potholing operations. Contractor shall uncover all piping and conduits to a point one (1) foot below the pipe, where crossings, interferences, or connections are shown on the drawings, prior to trenching or excavating for any pipe or structures, to determine actual elevations. New pipelines shall be laid to such grade as to clear all existing facilities which are to remain in service for any period subsequent to the construction of the run of pipe involved.
4. Contractor’s attention is directed to the requirements of Government Code section 4216.2 (c) which provides: “When the excavation is proposed within 10 feet of a high priority subsurface installation, the operator of the high priority subsurface installation shall notify the excavator of the existence of the high priority subsurface installation to set up an onsite meeting prior to the legal excavation start date and time or at a mutually agreed upon time to determine actions or activities required to verify the location and prevent damage to the high priority subsurface installation. As part of the meeting, the excavator shall discuss with the operator the method and tools that will be used during the excavation and the information the operator will provide to assist in verifying the location of the subsurface installation. The excavator shall not begin excavating until after the completion of the onsite meeting.” Contractor shall notify City in advance of this meeting.
5. If Contractor is required to locate, repair damage not due to Contractor’s failure to exercise reasonable care, and remove or relocate existing main or trunk line utility facilities, it shall be compensated under Section 6 “Changes in the Work” of this Contract, including payment for equipment on the Project necessarily idled during such work.
6. The right is reserved by City and the owners of underground facilities or their authorized agents, to enter the job for the purpose of making such changes as are necessary for the rearrangement of their facilities or for making necessary connection or repairs to their properties. Contractor shall cooperate with forces engaged in such work and shall conduct its operations in such a manner as to avoid any delay or hindrance to the work being performed by such other forces.
B. Differing Site Conditions.
1. Contractor shall promptly, and before the following conditions are disturbed, notify City in writing of any:
a. Material that the Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law,
b. Subsurface or latent physical conditions at the site differing materially from those indicated by information about the site made available to bidders before the deadline for submitting bids, or
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c. Unknown physical conditions at the site of any unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.
2. Contractor shall give notice in accordance with the Change Order provisions above.
3. City shall promptly investigate the conditions, and if it finds that such conditions do materially so differ, or do involve hazardous waste, and cause an increase or decrease in Contractor's cost of, or the time required for, performance of any part of the Work, it shall issue a Change Order under the provisions described in the Contract Documents.
4. No claim of Contractor under this clause shall be allowed unless Contractor has given the notice required in the Contract Documents.
5. In the event a dispute arises between City and Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the Work, Contractor shall not be excused from completing the Work as provided in the Contract Documents. The Contractor shall proceed with all Work to be performed under the Contract. The Contractor shall retain any and all rights provided either by this Contract or by law, which pertain to the resolution of disputes and protests.
C. Records and Audits.
1. Contractor and its subcontractors shall establish and maintain records pertaining to this Contract. Contractor’s and subcontractors’ accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of all costs charged under this Contract, including properly executed payrolls, time records, invoices and vouchers.
2. Contractor shall permit City and its authorized representatives to inspect, examine and make copies of Contractor's books, records, accounts, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. City further reserves the right to examine and re-examine said books, records, accounts, and data during the four (4)-year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for four (4) years after the termination of this Contract.
3. Pursuant to California Government Code section 8546.7, the Parties shall be subject to the examination and audit of representative of the Auditor General of the State of California for a period of three (3) years after final payment under the contract. The examination and audit shall be confined to those matters connected with the
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performance of this Contract including, but not limited to, the cost of administering the Contract.
D. Clayton Act and Cartwright Act.
Section 7103.5 of the Public Contract Code specifies that in entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
Sec. 15) or under the Cartwright Act (Chapter 2 commencing with Sec. 16700) of Part 2 of Division 7 of the Business and Professions Code, arising from purchase of goods, services or materials pursuant to the contract or subcontract. Pursuant to Public Contract Code section 7103.5, Contractor and all of its subcontractors hereby offer and agree to assign to City all rights, title, and interest in and to all causes of action they may have under Section 4 of the Clayton Act (15 U.S.C.
Sec. 15) or under the Cartwright Act (Chapter 2 commencing with Sec. 16700) of Part 2 of Division 7 of the Business and Professions Code, arising from purchase of goods, services or materials pursuant to this Contract. This assignment shall become effective when City tenders final payment to Contractor without further acknowledgement by the Parties.
E. Contractor Supervision.
The Contractor shall provide competent supervision and staffing of the Work as approved by City.
As necessary, the Contractor or designated representative shall be present at all times while Work is actually in progress.
F. Character Of Workers.
If persons employed by the Contractor, including any subcontractors, shall appear to City to be incompetent or to act in a disorderly or improper manner, he or she shall be discharged immediately on the request of City, and such person shall not again be employed on the Work.
G. Cooperation.
Should construction be under way by City, other agencies or other contractors within or adjacent to the limits of the Work specified or should work of any other nature be under way by other forces within or adjacent to said limits, Contractor shall cooperate with all such other contractors or other forces to the end that any delay or hindrance to their work will be avoided. City reserves the right to perform other or additional work at or near the Project Site (including material sources) at any time, by the use of other forces.
H. Notices.
All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be affected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested, or
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postage prepaid and addressed as follows:
To City: City of Hemet
Attn: Mark Prestwich, City Manager
445 E. Florida Ave.
Hemet, CA 92543
To Contractor: Musco Sports Lighting, LLC.
Attn: Mike Higgins
100 1st Avenue West
Oskaloosa, IA 52577
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
I. Nondiscrimination.
Contractor and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any person because of sex, sexual orientation, gender, gender identity, gender expression, reproductive health decision-making, race, color, religious creed, marital status, ancestry, national origin, medical condition, genetic information, age, disability (mental and physical), or military or veteran status in connection with or related to the performance of this Agreement. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov.
Code, § 12900 et seq.) and the applicable regulations promulgated thereunder (Cal. Code of Regs, tit. 2, § 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, § 12990 (a)-(f), are incorporated into this Agreement by reference and made a part hereof as set for in full (Cal. Code of Regs, tit. 2, § 7285.0, et seq.). Contractor shall include the non-discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.
J. Safety.
Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to:
(a) Adequate life protection and lifesaving equipment and procedures; (b) Instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space
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procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (c) Adequate facilities for the proper inspection and maintenance of all safety measures. [SIGNATURES ON FOLLOWING PAGE]
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MINOR PUBLIC WORKS AGREEMENT
BETWEEN THE CITY OF HEMET AND MUSCO SPORTS LIGHTING, LLC.
BRUBAKER PARK BASEBALL FIELD LIGHTING PROJECT
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
City of Hemet Musco Sports Lighting, LLC:
(Authorized Representative of Contractor)
By: _______________________________ By: _______________________________ Mark Prestwich, City Manager Printed Name: _____________________ Title: _____________________________
Dated: ___________________________ Dated: ___________________________ (Attach Acknowledgment for Authorized
Representative of Contractor)
License No.: ________________________
ATTEST:
CITY CLERK
By: ______________________________
John Maier
APPROVED AS TO FORM:
CITY ATTORNEY
By: ____________________________
Steven Graham
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EXHIBIT A
INSURANCE REQUIREMENTS FOR MINOR PUBLIC WORKS PROJECTS
1. General Requirements. Contractor must procure and maintain in full force and effect during the term of this Contract the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits
Commercial General Liability $2,000,000 per occurrence/$4,000,000 general Aggregate
Business Automobile Liability $2,000,000 combined single limit Workers’ Compensation/Employers $1,000,000 per accident or disease Liability
Surety Bonds As described below
Professional Liability $1,000,000 per occurrence/$2,000,000 general aggregate
Contractors’ Pollution Legal Liability $1,000,000 per occurrence/$2,000,000 general aggregate
If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specific minimum limits of insurance and coverage shall be available to the City.
2. Commercial General Liability Insurance. Coverage shall be at least as broad as 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 $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
City and its officers, officials, employees, volunteers, and agents shall be included as additional insured. Coverage shall be primary as respects the City, and any insurance or self-insurance maintained by the City shall not be required to contribute.
3. Business Auto Coverage. Coverage shall be at least as broad as Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage. If Contractor or Contractor’s employees will use personal autos in any way on this Project, Contractor must provide evidence of hired and non-owned auto liability coverage.
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4. Workers’ Compensation. Insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
5. Surety Bonds. Contractor shall provide the following Surety Bonds: (1) Bid bond, (2) performance bond, (3) payment bond, and (4) maintenance bond. The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
6. Professional Liability. For professional services including design/build, with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
7. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. Contractor shall maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Contract.
8. Other Insurance. Contractor may be required to obtain such other insurance coverage as may be required by applicable law or by the City.
9. Excess or Umbrella Liability Insurance (Over Primary). If an excess or umbrella liability policy is used to meet limit requirements, the insurance must provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an excess or umbrella liability policy must include a “drop down provision” providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage must be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There must be no crossliability exclusion precluding coverage for claims or suits by one insured against another.
Coverage must be applicable to City for injury to employees of Contractor, its subcontractors or others performing work to satisfy Contractor’s obligations under this Contract. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein.
10. Certificates of Insurance and Endorsements. Prior to commencing any Work under this Contract, Contractor must file with the Director Certificates of Insurance and Endorsements evidencing the existence of all insurance required by this Contract, along with such other evidence of insurance or copies of policies as may reasonably be required by City. Such Certificates of Insurance and Endorsements must be in a form approved by the City Attorney of City. Contractor must maintain current certificates and endorsements on file with City during the term of this Contract reflecting the existence of all required insurance. Each of the certificates must expressly provide that no material changes in the policy, or termination thereof, will be effective except upon thirty (30) days prior written
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notice to City. The City reserves the right to require complete, certified copies of the insurance certificates and endorsements.
11. Accessibility of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.
12. Waiver of Subrogation. Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors.
13. Failure to Maintain Required Insurance. If Contractor, for any reason, fails to have in place at all times during the term of this Contract all of the required insurance coverage, the Director may obtain such coverage at Contractor’s expense and deduct the cost from the sums due Contractor.
14. Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.
15. Effect of Coverage. The existence of the required insurance coverage under this Contract will not be deemed to satisfy or limit Contractor’s indemnity obligations under this Contract. Contractor acknowledges that the insurance coverage and policy limits set forth in this Contract constitute the minimum coverage and policy limits required. Any insurance proceeds available to City in excess of the limits and coverage required by this Contract, and which is applicable to a given loss, must be made available to City to compensate it for such losses.
16. Special Risks or Circumstances. Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
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EXHIBIT B
DESIGNATION OF SUBCONTRACTORS
In compliance with the Subletting and Subcontracting Fair Practices Act of the Public Contract Code of the State of California, sections 4100 et seq., Contractor shall set forth below: (a) the name and the location of the place of business and (b) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work in an amount in excess of one-half of one percent (1/2%) of the Contractor’s Total Bid Price. Notwithstanding the foregoing, if the work involves streets and highways, then the Contractor shall list each subcontractor who will perform work or labor or render service to Contractor in or about the work in an amount in excess of one-half of one percent (1/2%) of the Contractor’s total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information.
If no subcontractor is specified, for a portion of the work, or if more than one subcontractor is specified for the same portion of Work, then the Contractor shall be deemed to have agreed that it is fully qualified to perform that Work, and that it shall perform that portion itself.
Portion of Work: _____________________________________
SubMusco Sports Lighting, LLC. _____________________________________ Location of Business _____________________________________ CSLB License Number _____________________________________ DIR Registration Number _____________________________________ Portion of Work: _____________________________________
SubMusco Sports Lighting, LLC. _____________________________________ Location of Business _____________________________________ CSLB License Number _____________________________________ DIR Registration Number _____________________________________ Name of Contractor: Musco Sports Lighting, LLC
Signature: ______________________________
Name and Title: ______________________________
Dated: ______________________________
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EXHIBIT C
PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information.
No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.
Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.
Name of Contractor: Musco Sports Lighting, LLC.
DIR Registration Number: ___________________________
Contractor further acknowledges:
1. Contractor shall maintain a current DIR registration for the duration of the project.
2. Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.
3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.
Name of Contractor: Musco Sports Lighting, LLC.
Signature: ______________________________
Name and Title: ______________________________
Dated: ______________________________
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EXHIBIT D
BOND FORMS
PERFORMANCE BOND
THIS CONSTRUCTION PERFORMANCE BOND (Bond) is dated October 23, 2024 is in the amount of $625,014.83 (Penal Sum), which is 100% of the Contract Sum and is entered into by and between the parties listed below to ensure the faithful performance of the Contract identified below. This Bond consists of this page and the Bond Terms and Conditions, Paragraphs 1 through 14 attached to this page. Any singular reference to Musco Sports Lighting, LLC. (Contractor), (Surety), CITY OF HEMET (Owner), or
other party shall be considered plural where applicable.
CONTRACTOR: SURETY:
Musco Sports Lighting, LLC.
Address Principal Place of Business
City/State/Zip City/State/Zip
CONSTRUCTION CONTRACT: Brubaker Park Baseball Field Lighting Project, dated October 23, 2024, in the amount of $625,014.83.
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature: Signature:
Name: Name:
Title: Title:
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BOND TERMS AND CONDITIONS
1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to Owner for the complete and proper performance of the Construction Contract, which is incorporated herein by reference.
2. If Contractor completely and properly performs all of its obligations under the Construction Contract, Surety and Contractor shall have no obligation under this Bond.
3. If there is no Owner Default, Surety’s obligation under this Bond shall arise after:
3.1 Owner provides Surety with written notice that Owner has declared a Contractor Default under the Construction Contract pursuant to the terms of the Construction Contract; and
3.2 Owner has agreed to pay the Balance of Contract Sum:
3.2.1 To Surety in accordance with the terms of this Bond and the Construction Contract; or
3.2.2 To a Contractor selected to perform the Construction Contract in accordance with the terms of this Bond and the Construction Contract.
4. When Owner has satisfied the conditions of Paragraph 3 above, Surety shall promptly (within 40 Days) and at Surety’s expense elect to take one of the following actions:
4.1 Arrange for Contractor, with consent of Owner, to perform and complete the Construction Contract (but Owner may withhold consent, in which case the Surety must elect an option described in Paragraphs 4.2, 4.3 or 4.4 below); or
4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors or Construction entities; provided, that Surety may not select Contractor as its agent or independent contractor or Contractor without Owner’s consent; or
4.3 Undertake to perform and complete the Construction Contract by obtaining bids from qualified contractors or Construction entities acceptable to Owner for a contract for performance and completion of the Construction Contract and, upon determination by Owner of the lowest responsive and responsible Bidder, arrange for a contract to be prepared for execution by Owner and the contractor or Contractor selected with Owner’s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract; and, if Surety’s obligations defined in Paragraph 6 below, exceed the Balance of Contract Sum, then Surety shall pay to Owner the amount of such excess; or
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4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor or Contractor, and with reasonable promptness under the circumstances and, after investigation and consultation with Owner, determine in good faith its monetary obligation to Owner under Paragraph 6 below, for the performance and completion of the Construction Contract and, as soon as practicable after the amount is determined, tender payment therefor to Owner with full explanation of the payment’s calculation. If Owner accepts Surety’s tender under this Paragraph
4.4, Owner may still hold Surety liable for future damages then unknown or unliquidated resulting from the Contractor Default, as agreed by Owner and Surety at the time of tender. If Owner disputes the amount of Surety’s tender under this Paragraph 4.4, Owner may exercise all remedies available to it at law to enforce Surety’s liability under Paragraphs 6 and 6.3 below.
5. At all times Owner shall be entitled to enforce any remedy available to Owner at law or under the Construction Contract including, without limitation, and by way of example only, rights to perform work, protect Work, mitigate damages, advance critical Work to mitigate schedule delay, and coordinate Work with other consultants or contractors.
6. If Surety elects to act under Paragraphs 4.1, 4.2 or 4.3 above, within the time period provided in Paragraph 4, above, and complies with its obligations under this Bond, Surety’s obligations under this Bond are commensurate with Contractor’s Construction Contract obligations. Surety’s obligations include, but are not limited to:
6.1 Contractor’s obligations to complete the Construction Contract and correct Defective Work;
6.2 Contractor’s obligations to pay liquidated damages; and
6.3 To the extent otherwise required of Contractor under the Construction Contract, Contractor’s obligations to pay additional legal, design professional, and other costs not included within liquidated damages resulting from Contractor Default (but excluding attorney’s fees incurred to enforce this Bond).
7. If Surety does not elect to act under Paragraphs 4.1, 4.2, 4.3, or 4.4, above, within the time period provided in Paragraph 4, above, or comply with its obligations under this Bond, then Surety shall be deemed to be in default on this Bond ten Days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond. Such Surety default shall be independent of the Contractor Default. To the extent Surety’s independent default causes Owner to suffer damages including, but not limited to, delay damages, which are different from, or in addition to (but not duplicative of) damages which Owner is entitled to receive under the Construction Contract, Surety shall also be liable for such damages. In the event any Surety obligation following its independent default is inconsistent or conflicts with California Civil Code Section 2809, or any other law which either prohibits, restricts, limits or modifies in any way any obligation of a surety which is larger in amount or in any other respect more burdensome than that of the principal, Surety hereby waives the provisions of such laws to that extent.
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8. If Surety elects to act under Paragraphs 4.1, 4.3 or 4.4 above, within the time period provided in Paragraph 4, above, and complies with all obligations under this Bond, Surety’s monetary obligation under this Bond is limited to the Penal Sum.
9. No right of action shall accrue on this Bond to any person or entity other than Owner or its successors or assigns.
10. Surety hereby waives notice of any change, alteration or addition to the Construction Contract or to related subcontracts, design agreements, purchase orders and other obligations, including changes of time, and of any Owner action in accordance with Paragraph 5 above. Surety consents to all terms of the Construction Contract, including provisions on changes to the Contract. No extension of time, change, alteration, Modification, deletion, or addition to the Contract Documents, or of the Work (including services) required thereunder, or any Owner action in accordance with Paragraph 5 above shall release or exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond, unless such action is an Owner Default.
11. Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent jurisdiction where a proceeding is pending between Owner and Contractor regarding the Construction Contract, or in the Superior Court of the County of Riverside, California, or in a court of competent jurisdiction in the location in which the Work is located. Communications from Owner to Surety under Paragraph 3.1 above shall be deemed to include the necessary agreements under Paragraph 3.2 above unless expressly stated otherwise.
12. All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to Owner shall be mailed or delivered as provided in Section 1-7.1.10 of the Special Provisions. Actual receipt of notice by Surety, Owner or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses.
13. Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted here from and provisions conforming to such statutory requirement shall be deemed incorporated herein.
14. Definitions
14.1 Balance of Contract Sum: The total amount payable by Owner to Contractor pursuant to the terms of the Construction Contract after all proper adjustments have been made under the Construction Contract, for example, deductions for progress payments made, and increases/decreases for approved Modifications to the Construction Contract.
14.2 Construction Contract: The agreement between Owner and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto.
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14.3 Contractor Default: Material failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract, limited to “default” or any other condition allowing a termination for cause as provided in Section 6-7.3 of the Special Provisions).
14.4 Owner Default: Material failure of Owner, which has neither been remedied nor waived, to pay Contractor progress payments due under the Construction Contract or to perform other material terms of the Construction Contract, if such failure is the cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Construction Contract.
END OF DOCUMENT
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PAYMENT BOND (LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS:
1.01 THAT WHEREAS, CITY OF HEMET (Owner) has awarded to Musco Sports Lighting, LLC. as Principal, dated the 23rd day of October, 202 (the Contract), titled the City of Hemet Brubaker Park Baseball Field Lighting Project in the amount of $625,014.83, which Contract is by this reference made a part hereof, for the work of the following Contract:
Brubaker Park Baseball Field Lighting Project
1.02 AND WHEREAS, Principal is required to furnish a bond in connection with the Contract to secure the payment of claims of laborers, mechanics, material suppliers, and other persons as provided by law;
1.03 NOW, THEREFORE, we, the undersigned Principal and
, as Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT PRICE ($625,014.83), for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
1.04 THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its executors, administrators, successors, or assigns approved by Owner, or its subcontractors shall fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the State of California Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the State of California Employment Development Department from the wages of employees of Principal and subcontractors pursuant to Section 13020 of the State of California Unemployment Insurance Code with respect to such work and labor, that Surety will pay for the same in an amount not exceeding the sum specified in this bond, plus reasonable attorneys’ fees, otherwise the above obligation shall become and be null and void.
1.05 This bond shall inure to the benefit of any of the persons named in California Civil Code Section 9100, as to give a right of action to such persons or their assigns in any suit brought upon this bond. The intent of this bond is to comply with the California Mechanic’s Lien Law.
1.06 Surety, for value received, hereby expressly agrees that no extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder, shall in any way affect the obligation of this bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder.
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1.07 Surety’s obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, mechanics, material suppliers, and other persons in connection with Contract; and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the other.
1.08 Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.
IN WITNESS WHEREOF, we have hereunto set our hands this day of , 20___.
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature Signature
Name Name
Title Title
Street Address Street Address
City, State, Zip Code City, State, Zip Code
END OF DOCUMENT
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EXHIBIT E
CONTRACTORS PROPOSAL
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Quote
Brubaker Park Little League Baseball Field Lighting Project Hemet, California
Date: August 2, 2024 Revised October 8, 2024
To: Noah Rao– The City of Hemet
Cooperative Purchase Agreement
Sourcewell
Contract Number: 041123-MSL, Expiration: 06/16/2024
Category: Sports lighting with related supplies and services Musco Sports Lighting, LLC #041123-MSL:
Pricing for contract #041123-MSL is provided at 5% off list price for materials to Sourcewell participating agencies. Musco Sports Lighting, LLC is a custom designed, engineered to order lighting system.
Any pricing obtained from Musco Sports Lighting, LLC has the 5% discount for the materials applied.
Brubaker Park- Baseball Field #1, and Baseball Field #2 Musco’s Lighting Equipment as described below and delivered to the job site:
Baseball #1 and #2 Musco Lighting Equipment with Installation: $591,000.00 Sales Tax on Lighting Material only – 8.75% $29,674.58
Project Bonding: +$4,340.25
Pricing furnished is effective for 90 days unless otherwise noted and is kindly considered confidential.
Brubaker Park Field Size Descriptions
Field #5- Little League Field (201’, 225’, 190’ Radius) Field #8- Little League Field (210’, 225’, 210’ Radius) Equipment Description-Baseball Field #5- 201’ L, 225’ C, 190’ R. Baseball Field 8-210’ L, 225’ C, 210’ R • (8) Pre-cast concrete bases- A1, A2, A3, A4, B1, B2, B3, B4 • (8) 70’ Galvanized steel poles- A1, A2, A3, A4, B1, B2, B3, B4 • (24) TLC LED 1200 Factory-aimed and assembled luminaries • (8) TLC LED 900 Factory-aimed and assembled luminaries • (10) TLC LED 575 BT Factory-aimed and assembled luminaries • (8) OSQ Security Light fixtures rear facing on all poles mounted at 30’. • (2) GFCI Assemblies on A2, A3with Extra duty lockable cover mounted at ~44”. (wiring by electrical contractor installing the electrical system) On Field Performance – Control to benefit players, fans (1) Control and Monitoring Cabinets (CMC). (1x) 24” x 72” CMC. Control-Link® System for remote on/off control and performance monitoring with 24/7 customer support- Lighting Control Zones to be configured with site electrical design- per the electrical design. *Musco Lighting Controller (CMC) can control up to 7 lighting zones.
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Environmental Light Control – Control for neighbors and the environment Reduction of spill light and glare by 50% or more
See Musco Lighting Design dated June 10, 2024.
Always Ready to Play – Control assuring the results you expect Product assurance and warranty program that includes materials and onsite labor, eliminating 100% of your maintenance costs for 25 years.
Notes
Quote is based on:
• Shipment of entire project together to one location
• See Musco Structural Design dated 6-14-24.
• Includes structural design services for the Musco Light poles. CBC 2022, mph 96. • Delivery to the job site will be 10-14 weeks after submittal approval, confirmation of order details, and coordination with any test and inspection agency assigned to the project. • Musco shall provide an installation schedule upon confirmation of order details.
Thank you for the opportunity to discuss Musco’s innovative lighting solutions; we are determined to provide you with the best value option for your facility. Please contact us if you have any questions.
Mike Higgins
Musco Sports Lighting, LLC
3002 Dow Ave, Suite #504
Tustin, CA 92780
Office: 800-659-0117x6121
Mobile: 714-614-0863
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Quote
Brubaker Park Baseball Field Lighting Project
Hemet, CA
Turnkey Installation Scope of Work
Customer Responsibilities:
1. Complete access to the site for construction using 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. Stop irrigation prior to the start of work and throughout construction in work areas.
4. Pay any necessary SCG power company fees and requirements.
5. Pay all permitting fees (city requirements).
6. Utility Fees / Permits.
Musco Responsibilities:
1. Provide Light Poles, Light Fixtures, Lighting Control Equipment including electrical enclosures, wire harnesses. A1, A2, A3, A4, B1, B2, B3, B4, including (8) Cree OSQ security light fixtures.
2. Provide layout of pole locations and aiming diagram.
3. Provide Project Management as required.
4. Provide structural design and calculations.
5. Assist our installing subcontractor and ensure our responsibilities are satisfied.
Musco Inclusions Based on Site Walk:
1. Upgrade panel A to 200amps for future ballfield lighting.
2. Add (2) GFCI pier mounted receptacles (~16” above grade) to A2 and A3. (will require one additional power circuit, and a transformer for power)- see photo of the GFCI
3. Add pull box, and 8x (2”) conduits to location on the sketch near the pathway. (this conduit will be used for future lighting). Connect from Panel A / Musco CMC for future use).
4. Musco will provide a small step-down transformer to provide 120v power to the Musco CMC. See Panel A, circuit 22. (FEC to install transformer).
Musco Exclusions:
A. Plan Check Fees, permits. Musco / FEC Electric can pull no fee city permits as needed.
B. Removal of rock or other hard materials from trenching and drilling operations. FEC Electric shall stockpile spoils in city designated space.
Musco Subcontractor Responsibilities General:
1. Provide labor, equipment, and materials to offload equipment at jobsite per scheduled delivery.
2. Provide storage containers for material, as needed.
3. Provide necessary waste disposal and daily clean up.
4. Provide adequate security to protect Musco delivered products from theft, vandalism or damage during the installation.
5. Obtain any required no fee permitting as directed by the city (if required).
6. Assist the city of Hemet to confirm the existing underground utilities and irrigation systems have been located and are clearly marked to avoid damage from construction equipment.
7. Heavy equipment may create ruts in grass/infield area. Coordinate trench lines, boring (if applicable), and lift equipment routing to the edge of each baseball field when possible to reduce impact to grass surfaces.
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8. Provide startup and aiming as required to provide complete and operating sports lighting system.
9. Installation to commence upon delivery and proceed without interruption until complete. Musco to be immediately notified of any breaks in schedule or delays.
10. Grounding for all light poles.
Light Pole ECE’s, 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 8 poles with luminaries. Light Poles A1, A2, A3, A4, B1, B2, B3, B4.
3. Install (8) Cree Security light fixtures at 30’ each pole.
4. Provide labor, materials, and equipment to assemble Musco TLC-LED luminaires, electrical component enclosures, pole top assemblies, and pole harnesses.
Electrical:
1. See E-001, E-002, E-003, E-011, E-012, E-201, E-202, E-203, E-204, E-205.
2. Final electrical plans prepared by IDS.
3. Provide labor, materials and equipment to install (1) Musco Control and Monitoring Cabinet in the new electrical enclosure near existing switchgear.
4. New concrete pad for switchboard.
5. Furnish and install a new 200A, distribution section, and one empty section for the Musco Control and Monitoring Cabinet.
6. Trench, bore (if applicable), conduit native backfill, pull boxes, wire, and terminations.
7. Stockpile excess soil in city designated area.
8. Provide as-built drawings on completion of installation.
Control System:
1. Provide labor, equipment, and materials to install (1) Musco Control and Monitoring Cabinets and terminate all necessary wiring.
2. Provide a dedicated 120 V 20 A controls circuit via Musco supplied step-down transformer for 120 V control circuit.
3. Check all zones to make sure they work in both auto and manual mode.
4. Commission Control-Link® by contacting Control Link Central™ at 877-347-3319.
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 duty toward Subcontractor’s employees to train, manage, supervise, monitor, and inspect their work activities for the 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.
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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. Subcontractor’s employees and agents shall be required to wear appropriate personal protective equipment 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 shall provide for and ensure the use of safety equipment for the Project in accordance with Musco’s and Owner’s safety requirements, to the extent these may be stricter than federal, state, or local standards, or generally recognized industry applicable standards. f. Subcontractor shall provide the Musco project manager with an “Emergency List” showing Subcontractor’s 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 all insurance and worker’s compensation claims involving the Project.
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. Subcontractor’s employees and agents are prohibited from using drugs and alcohol on the Project property or 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. Subcontractor’s work directly reflects the quality of the installation and may indirectly relate to the quality of the product upon which Musco’s reputation is built. 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.
All personnel provided by Subcontractor shall understand the relationship developed by and between Subcontractor and Musco, also by and between Mus
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EXHIBIT F
CONTRACTORS PLAN SHEETS
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OF SHEETS FILE NO. SCALE: DATE: BENCHMARK: DATE: PREPARED UNDER THE SUPERVISION OF: City of Hemet 445 E. FLORIDA AVENUE HEMET, CA 92543 (951) 765-2360 City of Hemet APPROVED: ENGINEERING DEPARTMENT EA# E# APPROVED BY: NOAH RAU, RCE 74686 PUBLIC WORK DIRECTOR DATE: DESIGNED BY: DRAWN BY: CHECKED BY: DATE: REVISIONS: NO: BY: CITY ENGINEER 1 PETERS CANYON ROAD, SUITE 130 IRVINE, CA. 92606 TEL: 949-387-8500, FAX: 949-387-0800 IDS IDS GROUP NG NG MR Project # 23E010.00 BRUBAKER PARK BASEBALL FIELD LIGHTING 1/23/2024 NG 50% CD 90% CD - NOT FOR CONSTRUCTION 6/19/2024 NG WA #1 7/01/2024 NG 90% CD 9/13/2024 NG 100% CD/WA #2 CONDUIT CAP-OFF MIN. 3/4"C- HOMERUN TO PANELBOARD RACEWAY TURNED DOWN 1/2"C, 2#12 AND 1#12 GND - TYPICAL U.N.O. RACEWAY TURNED UP 1/2"C, 2#12 AND 1#12 GND - TYPICAL U.N.O. RACEWAY CONCEALED IN WALL OR CEILING 1/2"C, 2#12 AND 1#12 GND - TYPICAL U.N.O. CONDUIT ROUTED EXPOSED A AMPERE AB ABOVE BACK SPLASH ADA AMERICANS W/DISABILITIES ACT A.F.F. ABOVE FINISHED FLOOR AF ARC FAULT AHU AIR HANDLING UNIT AMP FUSE AFG ABOVE FINISHED GRADE AIC AMPERE INTERRUPTING CAPACITY AL ALUMINUM ARCH'L ARCHITECTURAL AS AMP SWITCH ATS AUTOMATIC TRANSFER SWITCH AWG AMERICAN WIRE GAUGE BC BARE COPPER BLDG BUILDING BLDG C CONDUIT CAB CABINET CAT CATALOG/CATEGORY CB CIRCUIT BREAKER CKT CIRCUIT CLG CEILING CO CONDUIT ONLY CC COMM COMMUNICATION CU COPPER CTEP CALIFORNIA TYPE EVALUATION PROGRAM DEMO,(D) DEMOLITION/DEMOLISH DISC. DISCONNECT DN DOWN DWG DRAWING EA EACH EF EXHAUST FAN EG EQUIPMENT GROUND ELEC. ELECTRICAL ELEV ELEVATOR EM EMERGENCY EMT ELECTRICAL METALLIC TUBING EQUIP EQUIPMENT (E) EXISTING TO REMAIN EVCS ELECTRICAL VEHICLE CHARGING STATION FACP FIRE ALARM CONTROL PANEL FBO FURNISHED BY OTHERS FF FINISHED FLOOR FIXT FIXTURE FLA FULL LOAD AMPS FLEX FLEXIBLE METALLIC CONDUIT (STEEL) FLUOR FLUORESCENT FT FEET OR FOOT GFA GROUND FAULT ALARM GFCI GROUND FAULT CIRCUIT INTERRUPTER GND GROUND HP HORSEPOWER HVAC HEATING, VENTILATING & AIR CONDITIONING IBC INTERNATIONAL BUILDING CODE IMC INTERMEDIATE METAL CONDUIT IN INCH(ES) IRC INTERNATIONAL RESIDENTIAL CODE ISC SHORT CIRCUIT AMPERES JB, J-BOX JUNCTION BOX KCMIL& MCM THOUSAND CIRCULAR MILS KVA KILOVOLT AMPERE KW KILOWATT LCP LIGHTING CONTROL PANEL LRA LOCK RUNNING AMPS LOTO LOCK OUT TAG OUT LTG LIGHTING MAX. MAXIMUM MCA MAXIMUM CIRCUIT AMP MCB MAIN CIRCUIT BREAKER MCC MOTOR CONTROL CENTER MECH. MECHANICAL MIN. MINIMUM MLO MAIN LUGS ONLY MTD MOUNTED NC NORMALLY CLOSED NEC NATIONAL ELECTRICAL CODE NECA NATIONAL ELECTRICAL CONTRACTOR'S ASSOCIATION NEMA NATIONAL ELECTRICAL MANUFACTURERS ASSOCIATION NEUT NEUTRAL NFC NATIONAL FIRE CODE NF NON-FUSIBLE NFPA NATIONAL FIRE PROTECTION ASSOCIATION NIC NOT IN CONTRACT NO NORMALLY OPEN NTS NOT TO SCALE OCPD OVER CURRENT PROTECTION DEVICE P POLE PH PHASE PNL PANEL PV PHOTOVOLTAIC PVC POLYVINYL CHLORIDE PWR POWER QTY QUANTITY (R) RELOCATE RECEP RECEPTACLE REQ'D REQUIRED RGS RIGID GALVANIZED STEEL RSC RIGID STEEL CONDUIT SCHED SCHEDULE SECT SECTION SP SINGLE POLE SN SOLID NEUTRAL SPEC SPECIFICATION SW SWITCH SWBD SWITCHBOARD SWGR SWITCH GEAR SYS SYSTEM TEMP TEMPORARY TELE TELEPHONE T-STAT THERMOSTAT TTB TELEPHONE TERMINAL BACKBOARD TTC TELEPHONE TERMINAL CABINET TYP. TYPICAL UBC UNIFORM BUILDING CODE UL UNDERWRITERS LABORATORY U.N.O. UNLESS NOTED OTHERWISE V VOLT OR VOLTAGE VA VOLT AMPERE VD VOLTAGE DROP VFD VARIABLE FREQUENCY DRIVE VP VAPOR PROOF W WATT, WIRE WP WEATHERPROOF, NEMA 3R XFMR TRANSFORMER - A - - B - - C - - D - - E - - F - - G - - H - - I - - J - - K - - L - - M - - N - - O - - P - - Q - - R - - S - - T - - U - - V - - W - - X - WIRING MISCELLANEOUS LIGHTING POWER 2022 CALIFORNIA ELECTRICAL CODE (CEC) PART 3, TITLE 24, CALIFORNIA CODE OF REGULATIONS (CCR) 2020 NATIONAL ELECTRICAL CODE (NEC) NFPA 70 2022 CALIFORNIA ADMINISTRATIVE CODE (CAC) PART 1, TITLE 24, CALIFORNIA CODE OF REGULATIONS (CCR) 2022 CALIFORNIA BUILDING CODE (CBC) PART 2, TITLE 24, CALIFORNIA CODE OF REGULATIONS (CCR) 2022 CALIFORNIA MECHANICAL CODE (CMC) PART 4, TITLE 24, CALIFORNIA CODE OF REGULATIONS (CCR) 2022 CALIFORNIA PLUMBING CODE (CPC) PART 5, TITLE 24, CALIFORNIA CODE OF REGULATIONS (CCR) 2022 CALIFORNIA ENERGY CODE (CEC) PART 6, TITLE 24, CALIFORNIA CODE OF REGULATIONS (CCR) 2022 CALIFORNIA FIRE CODE (CFC) PART 9, TITLE 24, CALIFORNIA CODE OF REGULATIONS (CCR) 2022 CALIFORNIA GREEN BUILDING CODE (CGBC) PART 11, TITLE 24, CALIFORNIA CODE OF REGULATIONS (CCR) APPLICABLE CODES REVISION SYMBOL FEEDER SCHEDULED EQUIPMENT KEYNOTE PLAN SYMBOL # SHEET UNIT#1 MECHANICAL EQUIPMENT TAG DIAGRAM TAG
1XXX XXXX ELECTRICAL EQUIPMENT TAG
1 CONDUIT ROUTED UNDER FLOOR/UNDERGROUND DEMOLITION KEYNOTE PLAN SYMBOL ELECTRICAL SYMBOL LIST STANDARD ABBREVIATIONS 1. SYMBOLS ARE NOT NECESSARILY USED IN THIS PROJECT. 2. IT IS THE INTENT OF THESE DRAWINGS AND SPECIFICATIONS TO ESTABLISH A STANDARD OF QUALITY. THE ENGINEER RESERVES THE RIGHT TO ALLOW OTHER METHODS AND MATERIALS NOT REFLECTED HEREIN. THE CONTRACTOR SHALL BE RESPONSIBLE TO REQUEST THE ENGINEER WAIVE THE STANDARDS TO ALLOW ALTERNATE MEANS AND METHODS PRIOR TO BEGINNING THE PROJECT. CONTRACT DOCUMENT REVISIONS TO ACCOMMODATE INSTALLED CONDITIONS, WITHOUT PRIOR APPROVAL, WILL RESULT IN ADDITIONAL DESIGN CHARGES TO THE CONTRACTOR. 3. ELECTRICAL WORK SHALL BE PERFORMED IN A WORKMANLIKE MANNER IN ACCORDANCE WITH THE NECA INSTALLATION STANDARDS TO THE SATISFACTION OF THE ARCHITECT AND ENGINEER. 4. WORK, MATERIALS AND EQUIPMENT SHALL CONFORM TO THE CURRENTLY ACCEPTED EDITION OF APPLICABLE NATIONAL, STATE AND CITY CODES AND ORDINANCES. 5. ELECTRICAL SYSTEM COMPONENTS SHALL BE LISTED OR LABELED BY UL OR OTHER RECOGNIZED TESTING FACILITY AS ALLOWED BY AUTHORITY HAVING JURISDICTION. 6. WHERE AN APPARENT DISCREPANCY EXISTS BETWEEN THE REQUIREMENTS OF THE GENERAL NOTES AND INFORMATION PORTRAYED IN THE ELECTRICAL DRAWINGS, THE CONTRACTOR SHALL INCLUDE IN HIS BID THE COST OF THE GREATER QUALITY OR QUANTITY. 7. CONTRACTOR SHALL VISIT JOB SITE PRIOR TO BID AND VERIFY EXISTING CONDITIONS. CONTRACTOR SHALL INCLUDE IN BASE BID COSTS REQUIRED FOR PERMITS AND INSPECTIONS. 8. CONTRACTOR SHALL VERIFY, WITH OWNER'S REPRESENTATIVE PRIOR TO SUBMITTING BID, ALLOWABLE WORKING HOURS, EMPLOYEE PARKING AREAS, MATERIAL DELIVERY, STORAGE REQUIREMENTS, DEMOLITION AND REMOVAL OF CONSTRUCTION DEBRIS, AS WELL AS DAILY CLEAN UP REQUIREMENTS. INCLUDE COSTS IN BID FOR DUST BARRIERS, DUMPSTERS ETC. AS REQUIRED FOR THE DURATION OF THE PROJECT. PERFORM WORK AS DIRECTED BY OWNER'S REPRESENTATIVE AND ARCHITECT. 9. ELECTRICAL SYSTEMS SHALL BE TESTED FOR PROPER OPERATION. IF TESTS SHOW THAT WORK IS DEFECTIVE, CONTRACTOR SHALL MAKE NECESSARY CORRECTIONS. 10. CONTRACTOR SHALL GUARANTEE WORK AGAINST DEFECTS IN MATERIALS AND WORKMANSHIP WHICH MAY OCCUR UNDER NORMAL USE FOR A PERIOD OF ONE YEAR AFTER OWNER'S ACCEPTANCE. DEFECTS SHALL BE PROMPTLY CORRECTED BY CONTRACTOR WITHOUT ADDITIONAL CHARGE TO OWNER. 11. PROVIDE AS-BUILT DRAWINGS TO ARCHITECT. DRAWINGS SHALL INCLUDE ACCURATE CONDUIT AND DEVICE LOCATIONS DIMENSIONED FROM PERMANENT LANDMARKS SUCH AS BUILDING WALLS. 12. DO NOT SCALE ELECTRICAL DRAWINGS. VERIFY EXACT LOCATION OF ALL DEVICES, JUNCTION BOXES, LIGHTING FIXTURES, WITH ARCHITECTURAL AND INTERIOR DESIGN DRAWINGS PRIOR TO INSTALLATION. CONTRACTOR SHALL VERIFY THE EXACT LOCATION OF MECHANICAL EQUIPMENT AND OTHER EQUIPMENT REQUIRING ELECTRICAL CONNECTION PRIOR TO ROUGH-IN. EVERY OUTLET HEIGHT SHALL BE VERIFIED ON EACH WALL WITH THE INTERIOR PLANNING AND DESIGN DRAWINGS. COORDINATE WITH CABINET SHOP DRAWINGS TO ENSURE PROPER HEIGHT AND LOCATION WITH RESPECT TO MILLWORK, EQUIPMENT. 13. THESE DRAWINGS INDICATE THE FINISHED REQUIREMENTS FOR THE ELECTRICAL SYSTEMS, EQUIPMENT, LIGHTING FIXTURES, OUTLETS AND DEVICES. DUE TO STRUCTURAL CONDITIONS, MECHANICAL DUCT, PIPING CONFLICTS, OR OTHER LEGITIMATE REASONS, THE CONTRACTOR MAY DESIRE TO INSTALL THE WORK INDICATED IN A MANNER DIFFERENT FROM THAT SHOWN. SUCH CHANGES SHALL BE PRESENTED TO THE OWNER'S REPRESENTATIVE FOR REVIEW AND APPROVAL PRIOR TO PROCEEDING. UPON APPROVAL, THE WORK SHALL BE PERFORMED AND THE AS-BUILT DRAWINGS SHALL BE REVISED TO ACCURATELY REFLECT THE WORK AS ACTUALLY INSTALLED. 14. RACEWAY SYSTEMS ARE SHOWN DIAGRAMMATICALLY. ACTUAL LOCATION AND ROUTING SHALL BE DETERMINED BY CONTRACTOR TO SUIT FIELD CONDITIONS. 15. PROVIDE DEDICATED NEUTRAL FOR EACH NEW CIRCUIT. HOME RUN CONDUCTORS MAY BE COMBINED INTO ONE CONDUIT. NO RACEWAY OR CABLE SHALL CONTAIN MORE THAN NINE (9) CURRENT CARRYING CONDUCTORS. WHERE MULTIPLE CONDUCTORS IN EXCESS OF THREE (3) ARE INDICATED ON THESE DRAWINGS, THEY HAVE BEEN DERATED AS REQUIRED BY NEC ARTICLE 310 REQUIREMENTS. 16. WHERE ALLOWED, MC CABLE MAY BE INSTALLED PER NEC ARTICLE 330. WHERE MULTIPLE CABLES ARE ROUTED ADJACENT TO EACH OTHER (BUNDLED), A MINIMUM SEPARATION OF ONE (1) CABLE DIAMETER (LARGEST) SHALL BE REQUIRED. 17. PLASTIC CABLE TIES SHALL NOT BE USED AS A MEANS OF SUPPORT FOR MC CABLE. USE ONLY APPROVED CABLE SUPPORTS PER CABLE MANUFACTURER'S INSTALLATION REQUIREMENTS. 18. RACEWAYS SHALL BE INSTALLED CONCEALED (IN CMU OR OTHER WALL) WHENEVER POSSIBLE. RACEWAYS INSTALLED EXPOSED SHALL BE ROUTED OUT OF PUBLIC VIEW AS MUCH AS POSSIBLE. RACEWAYS SHALL BE RUN PARALLEL WITH, OR AT RIGHT ANGLE TO WALLS. 19. PROVIDE APPROVED EXPANSION FITTINGS WHERE RACEWAYS CROSS BUILDING EXPANSION JOINTS. PROVIDE BONDING JUMPER(S) SIZED PER CODE WHERE REQUIRED. PROVIDE FITTINGS REQUIRED FOR A COMPLETE INSTALLATION. REFER TO ARCHITECTURAL DRAWINGS FOR EXPANSION JOINT LOCATION(S). 20. MINIMUM RACEWAY SIZE SHALL BE 1/2". MINIMUM HOMERUN SIZE SHALL BE 3/4". MINIMUM CONDUCTOR SIZE SHALL BE #12 AWG U.N.O. TYPICAL. POWER RELATED CONDUITS SHALL HAVE A CODE SIZE GROUND WIRE INSTALLED IN EACH RUN. 21. CONTRACTOR SHALL PROVIDE PULL CORDS IN ALL EMPTY CONDUITS. WHERE MORE THAN ONE CONDUIT TERMINATES IN A JUNCTION BOX, THE CONTRACTOR SHALL IDENTIFY EACH CONDUIT AND JUNCTION BOX IN A MANNER ALLOWING IDENTIFICATION AFTER WALL FINISHES HAVE BEEN APPLIED. 22. CONTRACTOR SHALL PROVIDE RACEWAY SYSTEMS INDICATED ON THE DRAWING PER NEC REQUIREMENTS AND GENERAL NOTES. ANY DEVIATION FROM THE WIRING METHODS INDICATED SHALL BE ALLOWED ONLY BY SPECIFIC WRITTEN APPROVAL FROM EITHER THE ARCHITECT, ENGINEER OR OWNER. CONTRACTOR'S BID SHALL INCLUDE COSTS FOR RACEWAY SYSTEMS AS SPECIFIED UNLESS SPECIFIC WRITTEN APPROVAL FOR AN ALTERNATIVE WIRING METHOD IS OBTAINED FROM EITHER THE ARCHITECT, ENGINEER OR OWNER AND IS SUBMITTED AS PART OF CONTRACTOR'S FORMAL BID PROPOSAL. 23. CONTRACTOR SHALL BE RESPONSIBLE FOR CORRECT SIZE AND INSTALLATION OF OUTLET, PULL AND JUNCTION BOXES IN ACCORDANCE WITH NEC 314-16. BOXES SHALL BE MINIMUM 4" SQUARE BY 1-1/2" DEEP OR AS INDICATED ON THE DRAWINGS. BOXES SHALL BE RECESSED WITH COVER PLATE TO SUIT THE INTENDED APPLICATION. 24. REFER TO THE ARCHITECTURAL REFLECTED CEILING PLAN(S) FOR EXACT LOCATION OF CEILING MOUNTED LIGHTING FIXTURES. ARCHITECTURAL DRAWINGS SHALL GOVERN IN CASE OF CONFLICT WITH THESE DRAWINGS. 25. PRIOR TO INSTALLATION, CONTRACTOR SHALL REVIEW THE COMPLETE SET OF CONSTRUCTION DOCUMENTS FOR CONFLICTS WITH OTHER TRADES. CONTRACTOR SHALL BE RESPONSIBLE TO COORDINATE WORK WITH OTHER TRADES TO AVOID CONFLICT DURING INSTALLATION. CONTRACTOR SHALL MAKE MINOR ADJUSTMENTS IN EQUIPMENT LOCATION AND ROUTING AS NECESSARY. 26. CONTRACTOR SHALL BE RESPONSIBLE TO PROPERLY CUT AND PATCH EXISTING CONSTRUCTION AS REQUIRED TO INSTALL NEW ELECTRICAL WORK PATCHING SHALL BE OF THE SAME MATERIALS, WORKMANSHIP AND FINISH AS THE EXISTING WORK AND SHALL ACCURATELY MATCH SURROUNDING WORK TO THE SATISFACTION OF THE ARCHITECT. 27. ELECTRICAL EQUIPMENT SHALL HAVE SUFFICIENT GUTTER SPACE AND LUGS TO ACCOMMODATE QUANTITY AND SIZE OF CONDUCTORS REQUIRED. CONTRACTORS SHALL PROVIDE EQUIPMENT WITH OVERSIZED ENCLOSURES WHERE REQUIRED. 28. NEW PANELBOARDS AND SWITCHBOARDS SHALL BE OF THE SAME MANUFACTURER AND HAVE LOCKING DOORS AND BE KEYED THE SAME U.N.O. 29. PROVIDE TYPE WRITTEN UPDATED PANEL DIRECTORY TO BE MOUNTED ON INSIDE OF PANEL DOOR COVERS. DIRECTORY SHALL REFLECT ADDITIONS OR MODIFICATIONS TO EXISTING PANELS AND SHALL REFLECT ACTUAL "AS-BUILT" CONDITIONS. 30. VERIFY DEVICE COLOR AND MOUNTING ORIENTATION (VERTICAL OR HORIZONTAL) WITH ARCHITECTURAL AND INTERIOR DESIGN DRAWINGS PRIOR TO ORDERING ANY EQUIPMENT AND PROVIDE DEVICES AS REQUIRED. UNLESS NOTED OTHERWISE, DEVICES AND DEVICE PLATES SHALL BE WHITE IN COLOR. 31. WHERE MOTORS ARE INSTALLED IN SUSPENDED CEILINGS, CONTRACTOR SHALL PROVIDE DISCONNECT SWITCH IN SUSPENDED CEILING WITHIN REACH FROM ACCESS POINT. 32. SIZING OF MOTOR-RELATED ELECTRICAL COMPONENTS, INCLUDING FEEDER AND/ OR BRANCH CIRCUITS (WIRE AND CONDUIT) AND OVERCURRENT PROTECTION (BREAKER AND/ OR FUSES) IS BASED ON RATINGS INDICATED IN THE CONTRACT DOCUMENTS AS WELL AS NEC APPROXIMATED LOADS FOR A GIVEN MOTOR HORSEPOWER, VOLTAGE AND PHASE. IT IS THE CONTRACTOR'S RESPONSIBILITY TO VERIFY ACTUAL MOTOR AND APPLIANCE RATING AND LOADS. CONTRACTOR TO PROVIDE CORRECTLY SIZED MOTOR OVERLOAD ELECTRICAL COMPONENTS BASED ON NAMEPLATE RATING. REFLECT CHANGES IN THE AS-BUILT DRAWINGS. 33. CONTRACTOR SHALL SUBMIT SHOP DRAWINGS TO ARCHITECT FOR REVIEW OF THE FOLLOWING EQUIPMENT: a. PANELBOARDS. b. OVERCURRENT DEVICES: CIRCUIT BREAKERS AND FUSES INCLUDING TIME/CURRENT TRIP CURVES. c. LIGHTING FIXTURES: OUTDOOR AS SPECIFIED, PHOTOMETRIC PERFORMANCE DATA AND LAMPS. d. DEVICES: SWITCHES, RECEPTACLES, MOTOR CONTROLLERS AND DEVICE PLATES. 34. EQUIPMENT ELECTRICAL TERMINATIONS TO UNDERGO A TORQUE TEST. ELECTRICAL CONTRACTOR IS RESPONSIBLE FOR MANUFACTURER'S RECOMMENDED TORQUE DOCUMENTATION AND TOOLS TO PERFORM TORQUE TEST. 35. UNDERGROUND SERVICE CONDUITS SHALL BE SEALED PER NEC ARTICLE 230-8. 36. FLOOR MOUNTED ELECTRICAL EQUIPMENT SHALL BE MOUNTED ON A 4" HIGH CONCRETE PAD. 37. INSTALL TRANSFORMER FOLLOWING MANUFACTURER'S RECOMMENDATIONS FOR VENTILATION CLEARANCES. 38. COORDINATE ELECTRICAL REQUIREMENTS FOR PLUMBING AND MECHANICAL EQUIPMENT WITH FINAL CONTRACTOR SELECTION. THE CONTRACTOR SHALL SIZE DISCONNECTS BASED UPON CIRCUIT BREAKER RATINGS AND PROVIDE FUSING AS REQUIRED PER EQUIPMENT MANUFACTURER RECOMMENDATIONS AND U.L. LISTING REQUIREMENTS. 39. PROVIDE 10 AWG CONDUCTORS FOR 20 AMPERE, 120V BRANCH CIRCUITS LONGER THAN 75' AND 8 AWG CONDUCTORS FOR 20 AMPERE, 120V BRANCH CIRCUITS LONGER THAN 120'. PROVIDE 10 AWG CONDUCTORS FOR 20 AMPERE, 277V BRANCH CIRCUITS LONGER THAN 200'. 40. ALL ELECTRICAL EQUIPMENT SHALL BE LABELED, LISTED, OR CERTIFIED BY A NATIONALLY RECOGNIZED TESTING LABORATORY ACCREDITED BY THE UNITED STATES OCCUPATIONAL SAFETY HEALTH ADMINISTRATION. 41. ALL NEW CIRCUIT BREAKERS INSTALLED IN PANELS SHALL MATCH THE HIGHEST EXISTING AIC RATED CIRCUIT BREAKER WITHIN THAT BOARD. INSPECTOR TO VERIFY HIGHEST AIC RATING AT THE SITE." GENERAL ELECTRICAL NOTES SWITCHBOARD OR DISTRIBUTION BOARD LIGHTING AND APPLIANCE PANELBOARD - SURFACE MOUNT PB PULLBOX - EXTERIOR OR INTERIOR AS INDICATED DUPLEX RECEPTACLE NEMA 5-20R, 20A, 125V GFCI TYPE MOUNT CENTER OF OUTLET AT 18" AFF UON DUPLEX RECEPTACLE NEMA 5-15R, 15A, 125V GFCI TYPE MOUNT CENTER OF OUTLET AT 18" AFF UON A. UTILITY POINTS OF SERVICE AND WORK/MATERIAL SHOWN ARE BASED ON PRELIMINARY INFORMATION ONLY BY THE UTILITY COORDINATOR AND ARE FOR BID PURPOSES ONLY. B. LOCATIONS OF UTILITIES SHOWN AR APPROXIMATE AND CONTRACTOR SHALL EXERCISE EXTREME CAUTION IN EXCAVATING AND TRENCHING ON THIS SITE TO AVOID EXISTING DUCTS, PIPING OR CONDUIT, ETC.., AND TO PREVENT HAZARD TO PERSONNEL AND/OR DAMAGE TO EXISTING UNDERGROUND OF UTILITIES OR STRUCTURES WHETHER OR NOT SHOWN OR INSTALLED BY ANY OTHER CONTRACTS. THE ENGINEER IN NOT RESPONSIBLE FOR THE LOCATION OF UNDERGROUND UTILITIES OR STRUCTURES WHETHER OR NOT SHOWN OR DETAILED AND INSTALLED BY ANY OTHER CONTRACTS. THE CONTRACTOR SHALL IMMEDIATELY NOTIFY THE ENGINEER SHOULD SUCH UNIDENTIFIED CONDITIONS BE DISCOVERED. THESE DRAWINGS AND SPECIFICATION DO NOT INCLUDE THE NECESSARY ELEMENTS FOR CONSTRUCTION SAFETY. C. CONTRACTOR SHALL COORDINATE WITH UTILITY COMPANY FOR FINAL AND EXACT WORK/MATERIAL REQUIREMENTS AND CONSTRUCT TO UTILITY COMPANY ENGINEERING PLANS AND SPECIFICATIONS ONLY. CONTRACTOR SHALL FURNISH AND INSTALL ALL CONDUIT, PULL WIRES, CABLES, PULL BOXES, CONCRETE ENCASEMENT OF CONDUIT (IF REQUIRED), TRANSFORMER PAD, BARRIERS, POLE RISERS, TRENCHING, BACKFILL, AND INCLUDE ALL UTILITY REQUIREMENTS IN SCOPE OF WORK. D. CONTRACTOR SHALL SUBMIT SHOP DRAWINGS OF METER PANEL TO UTILITY COMPANY FOR APPROVAL PRIOR TO ORDERING AND INSTALLATION OF METER PANEL. E. CALL "UNDERGROUND ALERT" BEFORE YOU DIG: SOUTHERN CALIFORNIA: 1-800-227-2600 UTILITY NOTES MUSCO POLE MOUNTED SPORTS LIGHTING FIXTURE UTILITY COMPANY SERVICE CABLE TERMINATION CIRCUIT BREAKER FUSE FUSED DISCONNECT SWITCH SWITCH POTENTIAL TRANSFORMER GROUNDING ELECTRODE UTILITY COMPANY POWER METER GROUND FAULT PROTECTION DEVICE CONTACTOR (NORMALLY OPEN) CONTACTOR (NORMALLY CLOSED) TIME SWITCH M SINGLE LINE DIAGRAM GFPD Sheet List Table SHEET NUMBER SHEET TITLE E-001 ELECTRICAL GENERAL NOTES, LEGEND AND ABBREVIATIONS E-002 ELECTRICAL SPECIFICATIONS E-003 ELECTRICAL SINGLE LINE DIAGRAM AND LOAD SCHEDULE E-011 OVERALL ELECTRICAL SITE PLAN E-012 ENLARGED ELECTRICAL SITE PLAN E-201 ELECTRICAL DETAILS E-202 ELECTRICAL DETAILS E-301 MUSCO CONTROL SYSTEM SPECIFICATIONS E-302 MUSCO LIGHT POLES SPECIFICATIONS - SHEET 1 E-303 MUSCO LIGHT POLES SPECIFICATIONS - SHEET 2 E-304 MUSCO LIGHT POLES SPECIFICATIONS - SHEET 3 E-001 1 11 NO SCALE1/23/2024
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OF SHEETS FILE NO. SCALE: DATE: BENCHMARK: DATE: PREPARED UNDER THE SUPERVISION OF: City of Hemet 445 E. FLORIDA AVENUE HEMET, CA 92543 (951) 765-2360 City of Hemet APPROVED: ENGINEERING DEPARTMENT EA# E# APPROVED BY: NOAH RAU, RCE 74686 PUBLIC WORK DIRECTOR DATE: DESIGNED BY: DRAWN BY: CHECKED BY: DATE: REVISIONS: NO: BY: CITY ENGINEER 1 PETERS CANYON ROAD, SUITE 130 IRVINE, CA. 92606 TEL: 949-387-8500, FAX: 949-387-0800 IDS IDS GROUP NG NG MR Project # 23E010.00 BRUBAKER PARK BASEBALL FIELD LIGHTING 1/23/2024 NG 50% CD 90% CD - NOT FOR CONSTRUCTION 6/19/2024 NG WA #1 7/01/2024 NG 90% CD 9/13/2024 NG 100% CD/WA #2 A. MATERIALS 1. MATERIALS SHALL BE NEW AND OF QUALITY AS SPECIFIED ON THE PLANS OR SPECIFICATIONS AND MUST CARRY THE UNDERWRITER'S LABORATORIES APPROVAL COVERING THE PURPOSE FOR WHICH THEY ARE USED, IN ADDITION TO MEETING REQUIREMENTS OF THE CURRENT APPLICABLE CODES AND REGULATIONS. B. CONDUIT 1. ALL WIRING SHALL BE INSTALLED IN LISTED METALLIC CONDUIT EXCEPT AS PERMITTED BELOW. RGS, WITH A 20 MIL PVC COATING WILL BE USED WHEN IN CONTACT WITH EARTH. IMC MAY BE USED IN INDOOR LOCATIONS NOT IN CONTACT WITH THE EARTH. EMT MAY BE USED IN INDOOR LOCATIONS NOT IN CONTACT WITH EARTH, NOT IN CONCRETE SLABS OR WALLS AND NOT SUBJECT TO DAMAGE. PVC MAY BE USED IN OR BELOW CONCRETE AND DIRECT BURIED IN EARTH. FLEXIBLE STEEL CONDUIT SHALL BE USED FOR INDOOR FINAL CONNECTIONS TO EQUIPMENT IN LENGTHS NOT TO EXCEED 72". LIQUID-TIGHT FLEXIBLE STEEL CONDUIT SHALL BE FOR OUTDOOR FINAL CONNECTIONS TO EQUIPMENT NOT TO EXCEED 36". 2. WHERE CONDUIT ENTERS OUTLET BOXES, FIXTURES OR CABINETS, FIRMLY FASTEN WITH STEEL SET SCREW, COMPRESSION CONNECTORS, OR DOUBLE LOCKNUTS FOR GRC. CONNECTIONS SHALL HAVE BUSHINGS OR INSULATED THROAT CONNECTORS. FIRMLY FASTEN CONDUIT TO THE BUILDING CONSTRUCTION. RUN EXPOSED CONDUIT PARALLEL TO THE BUILDING LINES, SUPPORTED BY APPROPRIATE HANGERS (UNISTRUT, T & B OR APPLETON, OR EQUAL). 3. COVER METALLIC CONDUIT IN CONTACT WITH EARTH WITH POLYETHYLENE TAPED SPIRAL WRAPPED, 1/2 LAPPED TO PROVIDE 20 MIL. THICKNESS. TAPE SHALL BE SCOTCH NO. 50 TAPE. CONDUIT AND DUCTS NOT UNDER BUILDINGS AND FEEDER DUCTS SHALL BE INSTALLED PER N.E.C. 300-5. MAKE JOINTS WITH COMPOUND TO BE WATERTIGHT. 4. FITTINGS AND CONDUIT BODIES SHALL BE STEEL. NO DIECAST FITTINGS. 5. CONDUIT SIZES SHALL BE AS REQUIRED BY CODE AND AS INDICATED OR SPECIFIED. 6. EMPTY CONDUIT SYSTEMS SHALL HAVE A NYLON PULL STRING TO FACILITATE INSTALLATION OF FUTURE WIRE. 7. SCHEDULE 40 PVC CONDUIT SHALL BE PERMITTED UNDERGROUND WITH PROPER FITTINGS, UL APPROVED AND CEMENTED JOINTS. PENETRATIONS THROUGH FLOOR SLABS AND BENDS GREATER THAN 22° SHALL BE WRAPPED RIGID GALVANIZED STEEL ELBOWS. 8. CONDUITS AND OUTLETS SHALL BE CONCEALED WITH THE BUILDING STRUCTURE, EXCEPT THAT CERTAIN MOTOR AND LIGHTING FEEDER CONDUITS MAY BE RUN EXPOSED IN CERTAIN AREAS AS INDICATED ON THE DRAWINGS. CONDUIT SHOWN TO BE INSTALLED IN CABINETS, COUNTERS, AND CASEWORK SHALL BE RUN AS DIRECTED BY THE ARCHITECT. 9. CONDUIT SYSTEMS SHALL HAVE A CODE SIZED COPPER GROUND CONDUCTOR INCREASE CONDUIT SIZE AS REQUIRED. 10. CONDUIT PENETRATION THROUGH ROOF SHALL HAVE ROOF FLASHING WITH CAULK TYPE COUNTER FLASHING SLEEVE. INSTALLATION SHALL BE WATERTIGHT. 11. CONDUITS SHALL BE ROUTED SURFACE ON THE STRUCTURE, PARALLEL AND PERPENDICULAR TO THE STRUCTURE. C. OUTLET, PULL, AND JUNCTION BOXES 1. EACH SWITCH, LIGHT. RECEPTACLE OR OTHER OUTLET SHALL BE PROVIDED WITH A CODE GAUGE, GALVANIZED STEEL OUTLET BOX. JUNCTION AND PULL BOXES SHALL BE CODE GAUGE, GALVANIZED STEEL. OUTLET BOXES SHALL BE OF THE ONE PIECE, KNOCKOUT TYPE, IN GENERAL 4" SQUARE WITH PLASTER RING. PLASTER RINGS SHALL BE SET TO PROVIDE NOT MORE THAN 1/8" FROM WALL SURFACE TO RING. IN NO CASE SHALL PLASTER RING PROJECT BEYOND SURFACE OF WALL. SINGLE GANG RINGS SIMILAR TO STEEL CITY 52050 SHALL BE USED FOR 4" BOXES IN UNFINISHED BRICK NUMBER 180 BOXES MAY BE USED FOR UNFINISHED MASONRY FLUSH WALL OUTLETS. CENTER OUTLET BOXES IN BLOCK COURSE. 2. BOXES INSTALLED IN POURED CEMENT FLOORS SHALL BE FLUSH TYPE CAST IRON OR STEEL WITH WATERTIGHT GASKETED COVERS. WHERE BOXES ARE INSTALLED IN FLOORS WITH TILE OR CARPET FLOOR COVERING, COVERS SHALL BE OF THE RECESSED TYPE TO ACCOMMODATE THE FLOOR COVERING. 3. BOXES INSTALLED FOR THE ALARM, COMPUTER, AND SECURITY SYSTEM SHALL BE PROVIDED WITH APPROPRIATE COVER PLATES. 4. BOXES FOR TELEPHONE, COMPUTER, T.V., FIRE ALARM, SECURITY, AND SIMILAR SYSTEMS SHALL BE MINIMUM 4" SQUARE AND 2-1/8" DEEP. D. PANEL BOARDS 1. CIRCUIT BREAKER TYPE AS INDICATED ON DRAWINGS. UNLESS INDICATED OTHERWISE, PANELS SHALL HAVE PANEL BOARD TYPE CONSTRUCTION WITH BOLT-ON CIRCUIT BREAKERS FOR 3Ø PANELS. MANUFACTURERS SHALL BE GENERAL ELECTRIC, SQUARE D, SIEMENS, CUTLER-HAMMER OR EQUAL WITH VOLTAGE, SIZES, AND RATINGS AS INDICATED ON DRAWINGS. 2. THE CIRCUIT BREAKERS SHALL BE OPERABLE IN ANY POSITION AND BE REMOVABLE FROM THE FRONT OF THE PANEL BOARD WITHOUT DISTURBING THE ADJACENT UNITS. BRANCH BREAKERS SHALL BE OF SUCH DESIGN THAT COMBINATION OF SINGLE-POLE, DOUBLE-POLE, AND THREE-POLE BREAKERS CAN BE ASSEMBLED ON THE SAME PANEL. EACH BRANCH CIRCUIT SHALL BE CLEARLY NUMBERED. BRANCH AND MAIN TERMINALS SHALL BE OF THE SOLDERLESS TYPE. HANDLE TIES TO FORM MULTI-POLE BREAKERS NOT ACCEPTABLE. 3. WIRE TERMINATION FOR PANEL BOARDS AND CIRCUIT BREAKERS SHALL BE LISTED AS SUITABLE FOR 75 DEGREES C. 4. PROVIDE A TYPEWRITTEN CIRCUIT INDEX BEHIND CLEAR PLASTIC COVER ON INSIDE OF DOOR. INFORMATION SHALL INCLUDE ROOM AND TYPE LOAD SERVED. CIRCUIT BREAKERS SHALL BE IDENTIFIED, INCLUDING SPARES. INDEX CARD FRAME SHALL BE METAL, SECURED TO DOOR. 5. WHERE PANEL BOARDS ARE INSTALLED FLUSH WITH THE WALLS, EXTEND EMPTY CONDUITS FORM THE PANEL BOARD TO AN ACCESSIBLE SPACE ABOVE OR BELOW. PROVIDE 3/4" (MINIMUM SIZE) CONDUIT FOR EVERY THREE SINGLE SPARE CIRCUIT BREAKERS OR SPACE OR EQUIVALENT MULTI-POLE ARRANGEMENT, OR FRACTION THEREOF, BUT NOT LESS THAN TWO CONDUITS FOR EACH PANEL. 6. PANEL BOARDS TO BE PROVIDED WITH COPPER BUSSING ONLY. 7. LOAD CENTERS SHALL NOT BE ALLOWED UNLESS NOTED OTHERWISE. 8. NEW PANELBOARDS SHALL COMPLY WITH NEC ARTICLE 110.16. EQUIPMENT MANUFACTURERS SHALL PROVIDE WARNING LABELS FOR PANELBOARDS, GENERATORS, AUTOMATIC TRANSFER SWITCHES TO WARN QUALIFIED PERSONS OF POTENTIAL ELECTRIC ARC FLASH HAZARDS. THE MARKING SHALL BE LOCATED SO AS TO BE CLEARLY VISIBLE TO QUALIFIED PERSONS BEFORE EXAMINATION, ADJUSTMENT, SERVICE, OR MAINTENANCE OF THE EQUIPMENT. E. WIRE 1. CONDUCTOR SIZES SHOWN ON THE DRAWINGS ARE BASED ON COPPER WIRE. UNLESS OTHERWISE SPECIFIED, WIRE SHALL BE TYPE XHHW FOR FEEDERS OR BRANCH CIRCUITS LARGER THAN 4 AWG, TYPE THHN/THWN INSULATION FOR FEEDERS AND BRANCH CIRCUITS 4 AWG AND SMALLER. BRANCH CIRCUIT WIRING SHALL BE COPPER. SERVICE AND PANEL FEEDERS #1/0 AND LARGER MAY BE ALUMINUM, PROVIDED THE CONDUCTOR SIZES ARE INCREASED FOR EQUAL OR GREATER AMPACITY AND EQUAL OR LESS EQUIVALENT VOLTAGE DROP. INCREASE CONDUIT SIZE AS REQUIRED. THE WIRES SHALL BE MARKED WITH COLOR TO SIMPLIFY CIRCUIT IDENTIFICATION. UNLESS OTHERWISE REQUIRED BY LOCAL ORDINANCES GROUND WIRES SHALL BE GREEN, NEUTRAL WIRES SHALL BE 120V- WHITE, 277V- GRAY, AND LIVE WIRES 208Y/120V AND 120/240 SHALL BE BLACK (PHASE A), RED (PHASE B), AND BLUE (PHASE C). FOR 480Y/277V CIRCUITS, THE COLOR CODE SHALL BE BROWN (PHASE A), ORANGE (PHASE B), AND YELLOW (PHASE C). THE WIRE SHALL BE 12 AWG UNLESS OTHERWISE INDICATED. CIRCUIT SHALL BE LABELED IN EACH J-BOX. 2. WHERE ALUMINUM WIRE IS USED, ALUMINUM CONDUCTOR MATERIAL SHALL COMPLY WITH N.E.C. 310-14 AND CONNECTIONS AND TERMINATIONS SHALL BE MACHINE COMPRESSION TYPE EQUAL TO BURNDY "HI PLUG" OR "MACADAPT", NO EXCEPTIONS. 3. NO WIRE SHALL BE INSTALLED IN THE CONDUIT SYSTEM UNTIL THE CONDUIT SYSTEM IS COMPLETE. USE MINERALAC NO. 100 OR EQUIVALENT AS A LUBRICANT TO FACILITATE THE INSTALLATION OF THE CONDUCTORS IN THE CONDUIT SYSTEM. 4. SPLICES IN EXTERIOR PULL BOXES AND MANHOLES SHALL BE WEATHERPROOF USING "SCOTCHCAST" SPLICE KIT OR APPROVED EQUAL. SEAL ENDS OF CONDUITS AND DUCTS WITH "DUCTSEAL" OR APPROVED EQUAL. 5. PROVIDE SOLID CONDUCTOR FOR 12 AWG AND SMALLER. F. WIRING DEVICES 1. WALL SWITCHES SHALL BE SPECIFICATION GRADE AC SILENT TYPE SWITCHES, 20A, 120/277 VOLT. 2. RECEPTACLES SHALL BE SPECIFICATION GRADE, DUPLEX TYPE, NEMA 5-20R, 20 AMPERE, 120 VOLT GROUNDED TYPE. SPECIAL APPLICATION RECEPTACLES SHALL BE INDICATED ON PLANS. MOUNT WITH THE GROUND DOWN. 3. DEVICE PLATES SHALL BE EQUAL TO SIERRA SMOOTH-LINE PLASTIC WALL PLATES. COLOR SHALL BE WHITE, UNLESS OTHERWISE NOTED. 4. RECEPTACLES IN OUTDOOR AND WET LOCATIONS SHALL BE INSTALLED WITH A HINGED OUTLET COVER/ENCLOSURE CLEARLY MARKED AND U.L. LISTED SUITABLE FOR WET LOCATIONS WHILE IN USE, EQUAL TO TAYMAC SPECIFICATION GRADE. G. LIGHTING FIXTURES 1. PROVIDE ALL LIGHTING FIXTURES, WIRED AND CONNECTED. THE DRAWINGS INDICATE THE FIXTURES FOR EACH LOCATION. PROVIDE LAMPS FOR FIXTURES. THE LAMPS SHALL BE BY THE SAME MANUFACTURER. VERIFY CEILING CONSTRUCTION BEFORE ORDERING RECESSED UNITS. PROVIDE PLASTER FRAMES AND HANGERS AS REQUIRED. CEILING CONSTRUCTION, ARCHITECTURAL ACCESSORIES, VOLTAGE, AND BALLASTS TO MEET THE EXISTING CONDITION. H. SYSTEM GROUNDING 1. GROUNDING SHALL COMPLY WITH REQUIREMENTS OF ARTICLE 250. EXPOSED NONCURRENT CARRYING METALLIC PARTS OF ELECTRICAL EQUIPMENT, METALLIC RACEWAY SYSTEMS, METALLIC CABLE ARMOR, GROUNDING CONDUCTOR OF NONMETALLIC SHEATHED CABLES, GROUNDING CONDUCTOR IN NONMETALLIC RACEWAYS, AND GROUNDED CONDUCTORS OF THE WIRING SYSTEM SHALL BE GROUNDED. 2. GROUNDING CONDUCTOR (NEUTRAL) OF THE WIRING SYSTEM SHALL BE CONNECTED TO THE SYSTEM GROUNDING CONDUCTOR AT A SINGLE PLACE IN EACH SYSTEM BY REMOVABLE BONDING JUMPERS, SIZED ACCORDING TO THE APPLICABLE PROVISIONS OF THE NATIONAL ELECTRICAL CODE. THE GROUNDED CONDUCTOR (NEUTRAL) TO THE GROUNDING CONDUCTOR CONNECTION SHALL BE LOCATED IN THE ENCLOSURE FOR THE SYSTEM'S OVERCURRENT PROTECTION OR WHERE OTHERWISE INDICATED ON THE PLANS OR SPECIFICATIONS. 3. A GROUND BUS SEPARATE FROM THE NEUTRAL BUS SHALL BE PROVIDED IN ALL SWITCHBOARDS AND PANELBOARDS. GROUND BUS SHALL BE RETORQUED (CHECKED) PRIOR TO ENERGIZING EQUIPMENT PER MANUFACTURER'S RECOMMENDATIONS. 4. GROUND BUSES AND NEUTRAL BUSES IN DISTRIBUTION PANELS, SWITCHBOARDS, PANELBOARDS, AND THOSE PROVIDED IN ANY EQUIPMENT SHALL BE ISOLATED EXCEPT WHERE REQUIRED TO BE CONNECTED AS SPECIFIED ABOVE FOR THE SERVICE ENTRANCE AND IN TRANSFORMER TERMINAL COMPARTMENTS. 5. WHEN INDICATED ON THE DRAWINGS, EQUIPMENT GROUNDING CONDUCTORS SHALL BE EXTENDED FROM THE GROUND BUS IN THE DISTRIBUTION EQUIPMENT TO THE RECEPTACLE, FIXTURE OR DEVICE LUGS WHERE THEY ARE PROVIDED. WHERE LUGS ARE NOT PROVIDED, EQUIPMENT GROUNDING CONDUCTORS SHALL BE CONNECTED TO EQUIPMENT ENCLOSURES. THE CONNECTIONS SHALL BE ARRANGED SUCH THAT REMOVAL OF THE RECEPTACLE, EQUIPMENT GROUND CONDUCTORS, OR GROUND JUMPERS FROM GROUND BUSING SHALL NOT AFFECT THE GROUND SYSTEM. 6. RACEWAYS MAY NOT BE USED AS A GROUNDING CONDUCTOR FOR POWER AND LIGHTING CIRCUITS. CONDUIT SHALL HAVE SEPARATE CODE SIZED GREEN GROUND WIRE INSTALLED IN THE CONDUIT TO INSURE A CONTINUOUS GROUNDING PATH. 7. IN INACCESSIBLE LOCATIONS, MAKE CONNECTIONS BY EXOTHERMIC WELD PROCESS. 8. IN ACCESSIBLE LOCATIONS, CONNECTIONS SHALL BE MADE WITH BOLTED THROUGH, APPROVED SOLDERLESS BRONZE GROUNDING DEVICES. 9. BOND TOGETHER METAL SIDING NOT ATTACHED TO GROUNDED STRUCTURE BOND TO GROUND. I. LIGHTING CONTROL 1. FURNISH AND INSTALL TIME SWITCHES, PHOTOCELLS, CONTACTORS AND FULL LIGHTING CONTROL SYSTEMS AS REQUIRED FOR LIGHTING CONTROLS INDICATED ON THE DRAWINGS. 2. TIME SWITCHES SHALL BE EQUAL TO PARAGON, GENERAL ELECTRIC, TORK, OR INTERMATIC AND SHALL HAVE SIZE AND NUMBER OF POLES AS REQUIRED. 3. PHOTOCELLS SHALL BE EQUAL TO TORK OR INTERMATIC WITH VOLTAGE AS INDICATED. J. DRY TYPE TRANSFORMERS 1. MANUFACTURERS: SUBJECT TO COMPLIANCE WITH REQUIREMENTS, PROVIDE PRODUCTS BY ONE OF THE FOLLOWING a. ACME ELECTRIC CORPORATION; POWER DISTRIBUTION PRODUCTS DIVISION. b. GE ELECTRICAL DISTRIBUTION & CONTROL. c. CUTLER-HAMMER. d. SQUARE D/GROUPE SCHNEIDER NA. 2. CONTINUOUS WINDINGS WITHOUT SPLICES, EXCEPT FOR TAPS. a. INTERNAL COIL CONNECTIONS - BRAZED OR PRESSURE TYPE. b. COIL MATERIAL - COPPER 3. ENCLOSURE - VENTILATED, NEMA 250, TYPE 2 (NEMA 3R FOR OUTDOOR INSTALLATIONS). 4. INSULATION CLASS - 220 DEG C, UL-COMPONENT-RECOGNIZED INSULATION SYSTEM WITH A MAXIMUM OF 150 DEG C RISE ABOVE 40 DEG C AMBIENT TEMPERATURE. 5. TAPS FOR TRANSFORMERS 25 KVA AND LARGER - TWO 2.5 PERCENT TAPS ABOVE AND FOUR 2.5 PERCENT TAPS BELOW NORMAL FULL CAPACITY. 6. WALL BRACKETS - MANUFACTURER'S STANDARD BRACKETS. 7. LOW-SOUND-LEVEL-REQUIREMENTS - MINIMUM OF 3 DBA LESS THAN NEMA ST 20 STANDARD SOUND LEVELS WHEN FACTORY TESTED ACCORDING TO IEEE C57.12.91. K. GUARANTEE 1. GUARANTEE MATERIAL FURNISHED AND WORKMANSHIP PERFORMED FOR A PERIOD OF ONE YEAR FROM DATE OF FINAL ACCEPTANCE OF WORK. ANY DEFECTS DEVELOPING WITHIN THIS PERIOD, TRACEABLE TO MATERIAL FURNISHED AS A PART OF THIS SECTION OR WORKMANSHIP PERFORMED HEREUNDER, SHALL BE MADE GOOD AT NO EXPENSE TO THE OWNER. L. SHOP DRAWINGS AND APPROVALS 1. THE ITEMS SPECIFIED HEREIN AND ON DRAWINGS ARE USED AS A STANDARD OF QUALITY. ANY MATERIALS OF EQUAL QUALITY AND AESTHETIC VALUE WILL BE GIVEN CONSIDERATION AS A SUBSTITUTE FOR THE MATERIALS SPECIFIED. NO APPROVAL WILL BE GIVEN TO A SPECIFIC CATALOG NUMBER, MODEL, OR TYPE OF EQUIPMENT, PRIOR TO BIDDING. AFTER BIDDING, THE DECISION OF THE ARCHITECT AND/OR ENGINEER DETERMINING EQUAL MATERIALS WILL BE FINAL. 2. THE CONTRACTOR SHALL SUBMIT SEVEN (7) IDENTICAL BOUND SETS OF SHOP DRAWINGS ON THE FOLLOWING ITEMS: a. LIGHTING FIXTURE CUTS AND PERFORMANCE DATA. b. OUTLINE DRAWINGS AND DATA SHEETS OF EACH PANELBOARD AND SWITCHBOARD. 3. SUBMIT ITEMS AT ONE TIME IN A NEAT AND ORDERLY MANNER WITHIN 15 DAYS OF AWARD OF CONTRACT. PARTIAL SUBMITTALS WILL NOT BE ACCEPTABLE. M. RECORD AND AS-BUILT DRAWINGS 1. THE ELECTRICAL CONTRACTOR SHALL MAINTAIN A SET OF DRAWINGS AT THE JOB SITE FOR THE EXCLUSIVE PURPOSE OF MAINTAINING A RECORD OF WORK INSTALLED AND TO SHOW ANY DEVIATIONS FROM THE WORK INDICATED ON THE DRAWINGS. 2. AT THE COMPLETION OF THE PROJECT, ONE SET OF REPRODUCIBLE DRAWINGS, SHOWING AS-BUILT CONDITIONS, SHALL BE DELIVERED TO THE OWNER FOR ACCEPTANCE PRIOR TO FINAL PAYMENT. N. COORDINATION STUDY & ARC FLASH REQUIREMENTS 1. THE ELECTRICAL CONTRACTOR MUST HIRE AN INDEPENDANT THIRD PARTY TO PERFORM A COORDINATION STUDY OF THE ENTIRE ELECTRICAL SYSTEM. THE COORDINATION STUDY SHALL BE PERFORMED AFTER THE ENGINEER HAS APPROVED THE SHOP DRAWINGS AND A MANUFACTURE HAS BEEN SELECTED. THE STUDY MUST BE PRESENTED TO THE ENGINEER AND OWNER FOR REVIEW TO ENSURE THE ENTIRE ELECTRICAL SYSTEM IS PROPERLY COORDINATED. 2. ARC FLASH REQUIREMENTS: a. PROVIDE AN ARC FLASH EVALUATION FOR THE NEW ELECTRICAL EQUIPMENT. PERFORM ALL CALCULATIONS AND WORK WITH COMMERCIALLY AVAILIBLE COMPUTER SOFTWARE IN ACCORDANCE WITH IEEE STD. 1584-2002 IEEE GUIDE FOR PERFORMING ARC-FLASH HAZARD CALCULATIONS, NFPA 70-2009 (NEC), AND NFPA 70E-2009 STANDARD FOR ELECTRICAL SAFETY IN THE WORKPLACE. b. WHERE THE CALCULATIONS DETERMINE THAT THE SETTINGS RESULT IN PROHIBITIVE INCIDENT ENERGY LEVELS (>40 CAL/CM2) THE CONTRACTOR SHALL PROVIDE RECOMMENDED SETTINGS OR OTHER MITIGATION RECOMMENDATIONS TO REDUCE THE INCIDENT ENERGY TO A LEVEL WHERE ENERGIZED WORK IS CAPABLE OF BEING PERFORMED. THE CONTRACTOR SHALL DOCUMENT THE RECOMMENDED CHANGES AND PROVIDED TIME CURRENT CURVES INDICATING THE COORDINATION THAT REFLECTS THE RECOMMENDED SETTINGS. c. PROVIDE LABELS FOR EACH ELECTRICAL ENCLOSURE OR EQUIPMENT WHERE WORKERS COULD BE EXPOSED TO ENERGIZED CONDUCTORS. THESE LABELS SHALL COMPLY WITH THE REQUIREMENTS OF NFPA 70E-2009 AND INCLUDE BUT NOT LIMITED TO: 1. VOLTAGE PHASE TO PHASE 2. FLASH PROTECTION BOUNDARY (INCHES) 3. INCIDENT ENERGY AT THE WORKING DISTANCE(CAL/CM2) 4. PPE CLASS AND DESCRIPTION (INCLUDING GLOVE RATING) 5. RESTRICTED APPROACH BOUNDARY (INCHES) 6. LIMITED SHOCK PPROACH BOUNDARY (INCHES) 7. PROHIBITED SHOCK APPROACH BOUNDARY (INCHES) 8. LOCATION IDENTIFICATION ELECTRICAL SPECIFICATIONS NO SCALE1/23/2024 E-002 2 11
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OF SHEETS FILE NO. SCALE: DATE: BENCHMARK: DATE: PREPARED UNDER THE SUPERVISION OF: City of Hemet 445 E. FLORIDA AVENUE HEMET, CA 92543 (951) 765-2360 City of Hemet APPROVED: ENGINEERING DEPARTMENT EA# E# APPROVED BY: NOAH RAU, RCE 74686 PUBLIC WORK DIRECTOR DATE: DESIGNED BY: DRAWN BY: CHECKED BY: DATE: REVISIONS: NO: BY: CITY ENGINEER 1 PETERS CANYON ROAD, SUITE 130 IRVINE, CA. 92606 TEL: 949-387-8500, FAX: 949-387-0800 IDS IDS GROUP NG NG MR Project # 23E010.00 BRUBAKER PARK BASEBALL FIELD LIGHTING 1/23/2024 NG 50% CD 90% CD - NOT FOR CONSTRUCTION 6/19/2024 NG WA #1 7/01/2024 NG 90% CD 9/13/2024 NG 100% CD/WA #2 1000A 3P 150A 3P 150A 3P 1000AMP BUS SECTION "SCE UTILITY TRANSFORMER" 2 100A 3P 3 70A 3P 1 4 5 150A 3P PRIMARY VOLTAGE TO UTILITY P.O.C. EDISON UGPS GN ELECTRODE GROUNDING (E) (E) (E) (E) (E) 100A 3P 6 (N) EXISTING LOAD EXISTING LOAD EXISTING LOAD EXISTING LOAD EXISTING LOAD TO UFER GROUND (E) (E) (E) (E) (E)(E) (E) (E) (E) (E) PANEL SCHEDULES NTS 1 SINGLE LINE GENERAL NOTES 1. THE DESIGN PROFESSIONAL HAS PERFORMED ALL REQUIRED SHORT CIRCUIT CALCULATIONS AND THE AIC RATING INDICATED FOR EACH DEVICE IS ADEQUATE TO PROTECT THE EQUIPMENT AND THE ELECTRICAL SYSTEM. 2. THE DESIGN PROFESSIONAL HAS PERFORMED ALL REQUIRED VOLTAGE DROP CALCULATIONS AND ALL BRANCH CIRCUITS AND FEEDERS COMPLY WITH NEC 210-19(A) FPN NO. 4. SINGLE LINE DIAGRAM NTS 2 PANEL A (N) MUSCO LIGHTING CONTROL PANEL LIGHTING CIRCUIT (N) RUN NEW (1) 2-1/2" C., WITH (4) #4/0 (CU) DIST.=LESS THAN 10 FT SCOPE OF WORK ALL DEVICES AND EQUIPMENT REQUIRE NEMA-3R ENCLOSURE. SINGLE LINE KEY NOTES PROVIDE NEW CIRCUIT BREAKER AS INDICATED. CIRCUIT BREAKER SHALL MATCH WITH EXISTING AIC RATING AND CHARACTERISTICS OF EXISTING MAIN POWER DISTRIBUTION. TO SPORTS LIGHTING BRANCH CIRCUIT. SEE SITE PLAN FOR EACH POLE FEEDER AND CONDUIT INFORMATION. REFER TO TRENCH DETAIL ON SHEET ON SHEET E-201. REFER TO SHEET E-301 FOR MORE INFORMATION. 123 1 AS NOTED1/23/2024 (N) 2 (N) PAD-MOUNTED PANEL "HA" 200A BUS 277/480V, 3Ø, 4W NEMA 3R - 42 SPACE RATED FOR 42 KAIC 7 8 9 SPACE SPACE (E) MAIN SWITCHBOARD "MS" 1000A, 277/480V, 3Ø, 4W, NEMA 3R, 65 KAIC 3 (E) SECONDARY FEEDER (N) 60A 3P (8) 2" C.O. (8) 2" C.O. #6 GND. 60A 3PMCB 480V 30 KVA 120/208V, 3Ø, 4W 100A 3P 20A, 2P 20A, 2P 20A, 2P GFI/WPFOUR 2" C.O. SPARE #12 GND LA-2 LA-4 (N) MINI POWER ZONE WITH PANEL "B" E-003 3 11 1 RUN NEW (1) 1" C., WITH (3) #6 (CU) #10 GND. (2) 2" C.O. SPARES FOR FUTURE LIGHTING
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OF SHEETS FILE NO. SCALE: DATE: BENCHMARK: DATE: PREPARED UNDER THE SUPERVISION OF: City of Hemet 445 E. FLORIDA AVENUE HEMET, CA 92543 (951) 765-2360 City of Hemet APPROVED: ENGINEERING DEPARTMENT EA# E# APPROVED BY: NOAH RAU, RCE 74686 PUBLIC WORK DIRECTOR DATE: DESIGNED BY: DRAWN BY: CHECKED BY: DATE: REVISIONS: NO: BY: CITY ENGINEER 1 PETERS CANYON ROAD, SUITE 130 IRVINE, CA. 92606 TEL: 949-387-8500, FAX: 949-387-0800 IDS IDS GROUP NG NG MR Project # 23E010.00 BRUBAKER PARK BASEBALL FIELD LIGHTING 1/23/2024 NG 50% CD 90% CD - NOT FOR CONSTRUCTION 6/19/2024 NG WA #1 7/01/2024 NG 90% CD 9/13/2024 NG 100% CD/WA #2 OVERALL ELECTRICAL SITE PLAN 1"=60' 1 SCOPE OF WORK N W S E AS NOTED1/23/2024 FIELD 5 FIELD 8 0'SCALE: 1" = 60'-0" 30' 60' 120' E-011 4 11 FIELD 6 FIELD 7 FIELD 3 FIELD 4 FIELD 2 FIELD 1 FIELD 9 HIGH SCHOOL PARK FIELD
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(N) PANEL "A" 1 1 1 1 2 2 2 2 (N) A2A-5,7 A-18,20 (N) A1A-1,3 A-18,20 (N) B1A-9,11 A-18,20 (N) B2A-13,15 A-18,20 (N) B3A-10,12 A-18,20 (N) A3A-2,4 A-18,20 (N) A4A-6,8 A-18,20 (N) B4A-14,16 A-18,20 FIELD 5 FIELD 8 (N) MUSCO LIGHTING CONTROL PANEL 17 14 12 10 8 6 4 10 11 13 15 7 5 4 9 3 3 3 3 3 3 3 3 3 16 18 PB PB PB PB PB PB PB PB PB (E) MAIN SWITCHBOARD "MS" (E) UTILITY TRANSFORMER17 19 B-4 20 3 PB 21 22 PANEL "B" 24 21 22 20 19 B-2 PB 3 FOR FUTURE BALLFIELD LIGHTING 22 23 FIELD 7 FIELD 6 HIGH SCHOOL 20 OF SHEETS FILE NO. SCALE: DATE: BENCHMARK: DATE: PREPARED UNDER THE SUPERVISION OF: City of Hemet 445 E. FLORIDA AVENUE HEMET, CA 92543 (951) 765-2360 City of Hemet APPROVED: ENGINEERING DEPARTMENT EA# E# APPROVED BY: NOAH RAU, RCE 74686 PUBLIC WORK DIRECTOR DATE: DESIGNED BY: DRAWN BY: CHECKED BY: DATE: REVISIONS: NO: BY: CITY ENGINEER 1 PETERS CANYON ROAD, SUITE 130 IRVINE, CA. 92606 TEL: 949-387-8500, FAX: 949-387-0800 IDS IDS GROUP NG NG MR Project # 23E010.00 BRUBAKER PARK BASEBALL FIELD LIGHTING 1/23/2024 NG 50% CD 90% CD - NOT FOR CONSTRUCTION 6/19/2024 NG WA #1 7/01/2024 NG 90% CD 9/13/2024 NG 100% CD/WA #2 ENLARGED ELECTRICAL SITE PLAN 1"=30' 1 GENERAL NOTES N W S E 1. ALL UNDERGROUND CONDUIT SHALL BE INSTALLED A MINIMUM OF 24" BELOW FINISHED GRADE, UNLESS REQUIRED OTHERWISE. 2. ALL EXTERIOR MOUNTED ELECTRICAL DEVICES SHALL BE IN NEMA 3R ENCLOSURES. 3. CONTRACTOR SHALL INCLUDE IN HIS BID THE COST OF CONDUIT, TRENCHING, AND BACKFILLING FROM THE ELECTRICAL PANEL. 4. ALL NEW PULL BOXES SHALL BE MINIMUM SIZE CHRISTY NO. N16 OR EQUAL U.N.O. CONTRACTOR TO SIZE PULL BOX ACCORDING TO ART. 314.28 OF THE NEC. 5. ELECTRICAL DISTRIBUTION EQUIPMENT SHOWN ARE BASED ON INDUSTRY STANDARD SIZES. CONTRACTOR SHALL VERIFY THAT THE FINAL EQUIPMENT SELECTION FITS IN THE ALLOCATED SPACE. 6. ALL PAVEMENT REMOVED AND REPLACED MUST MEET ACCESSIBILITY SLOPE REGULATIONS. JOIN FLUSH WITH EXISTING. 7. ALL EXISTING ELECTRICAL INFORMATION SHOWN IS BASED ON INCOMPLETE AS-BUILT DRAWINGS AND LIMITED SITE OBSERVATION. CONTRACTOR TO FIELD VERIFY ALL EXISTING SITE CONDITIONS AND IMMEDIATELY NOTIFY ENGINEER OF ANY DISCREPANCIES FROM THE ELECTRICAL DESIGN SHOWN ON THESE PLANS. AS NOTED4/26/2024 KEY NOTES NEW MUSCO LIGHT POLE. CONTRACTOR TO VERIFY EXACT LOCATION, HEIGHT, SPECIFICATION, NUMBER OF LIGHT FIXTURES AND THEIR DIRECTION PRIOR TO INSTALLATION. REFER TO SHEET E-203 FOR LIGHTING PLACEMENT DIMENSIONS. NEW MUSCO LIGHT POLE. CONTRACTOR TO VERIFY EXACT LOCATION, HEIGHT, SPECIFICATION, NUMBER OF LIGHT FIXTURES AND THEIR DIRECTION PRIOR TO INSTALLATION. REFER TO SHEET E-204 FOR LIGHTING PLACEMENT DIMENSIONS. PROVIDE NEW CONCRETE PULL BOX. PULL BOX SHOWN IS NOT TO SCALE. REFER TO DETAIL 1 ON SHEET E-201.CONTRACTOR TO VERIFY PULL BOX SIZE PER CEC 314.28 PRIOR TO INSTALLATION. PULL BOX SHALL BE RATED TIER 15; PROVIDE NONSKID COVER ENGRAVED "ELECTRICAL". NEW 1" C. WITH 4#10 + 1#10 GND (B1 AND SECURITY LIGHT). NEW 1" C. WITH 4#10 + 1#10 GND (A1 AND SECURITY LIGHT). NEW 1" C. WITH 6#10 + 1#10 GND (A1, B1 AND SECURITY LIGHT). NEW 1" C. WITH 4#10 + 1#10 GND (A2 AND SECURITY LIGHT). NEW 1" C. WITH 4#10 + 1#10 GND (A1 AND A2) + NEW 1" C. WITH 4#10 + 1#10 GND (B1 AND SECURITY LIGHT). NEW 1" C. WITH 4#10 + 1#10 GND (B2 AND SECURITY LIGHT). NEW 1" C. WITH 4#10 + 1#10 GND (B4 AND SECURITY LIGHT). NEW 1" C. WITH 4#10 + 1#10 GND (A4 AND SECURITY LIGHT). NEW 1" C. WITH 6#10 + 1#10 GND (A4, B4 AND SECURITY LIGHT). NEW 1" C. WITH 4#10 + 1#10 GND (A3 AND SECURITY LIGHT). NEW 2" C. WITH 8#10 + 1#10 GND (A3, A4, B4 AND SECURITY LIGHT). NEW 1" C. WITH 4#10 + 1#10 GND (B3 AND SECURITY LIGHT). NEW 1" C. WITH 6 #10 + 1#10 GND (A3, A4, B4) + NEW 1" C. WITH 4 #10 + 1#10 GND (B3 AND SECURITY LIGHT). NEW 1" C. WITH 6#10 + 1#10 GND (A1, A2 AND B1) + NEW 1" C. WITH 6#10 + 1#10 GND (A3, A4 AND B4) + NEW 1" C. WITH 6 #10 + 1#10 GND (B2, B3 AND SECURITY LIGHT). REFER TO SINGLE LINE DIAGRAM ON SHEET E-003 FOR FEEDER AND CONDUIT SIZES. PROVIDE NEW NEMA 5-20R W.P. GFCI ELECTRICAL RECEPTACLE WITH HEAVY-DUTY IN-USE LOCKABLE IN-USE COVER TO POLE MANUFACTURER'S PROVIDED WELDED BOX. REFER TO POLE MANUFACTURER'S PLANS FOR MOUNTING INFORMATION. (N) 1" C. WITH (2) #10 + (1) #10 GND. FOR ELECTRICAL RECEPTACLE. (N) 1" C. WITH (4) #10 + (1) #10 GND. FOR ELECTRICAL RECEPTACLES. TWO NEW 2" C.O. FOR FUTURE BALLFIELD LIGHTING. NEW MINI POWER ZONE WITH PANEL "B". REFER TO SINGLE LINE DIAGRAM ON SHEET E-003 FOR MORE INFORMATION INCLUDING FEEDER AND CONDUIT SIZES. NEW MULTIPLE SPARE 2" C.O. AS INDICATED IN THE SINGLE LINE DIAGRAM ON SHEET E-003. 123456789101112131415161718 3 E-201 0'SCALE: 1" = 30'-0" 15' 30' 60' 19202122 E-012 5 11 23 VOLTAGE DROP CALCULATIONS N.T.S. 2 24
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GROUND ROD DETAIL NO SCALE 5 ELECTRICAL EQUIPMENT BRACING DETAIL NO SCALE 4 PULL BOX DETAIL NO SCALE 1 UNI-STRUT MOUNTED MINI POWER-ZONE DETAIL NO SCALE 2 BOLT DOWN LID WITH ENGRAVED WORD "SIGNAL" OR "ELECTRICAL" OR "TEL" AS REQUIRED TOP OF LID TO BE FLUSH WITH FINISH GRADE REINFORCED CONCRETE BOX (WITH CONCRETE EXTENSION WHERE SHOWN) (TL)= TRAFFIC LID (STEEL) WHERE SHOWN. UNLESS NOTED OTHERWISE ALL LIDS TO BE BOLT DOWN. LIDS TO BE "FIBERLYTE" FOR PULL BOXES NO. N9, N16, N30 AND N36. CONCRETE LIDS FOR PULL BOXES NO. N40, N44 AND N48. STEEL LID FOR PULL BOX NO. N52. ALL LIDS TO BE ENGRAVED "ELECTRICAL" FOR POWER (OR "SIGNAL FOR OTHERS"). ALL BOXES TO SET ON MINIMUM 12" COMPACTED GRAVEL BASE WIDTH X LENGTH OF BOX. SPLICES: COPPER CONDUCTOR SPLICES AND TAPS OF #8 AWG AND SMALLER SHALL BE MADE WITH WATERPROOF WIRE NUT CONNECTORS. KING SAFETY PRODUCTS #621, #622 OR #623. WHICH ARE THREE SIZES (OR EQUAL) THESE WIRE NUTS ARE U.L. LISTED FOR "WET" LOCATIONS AND CONTAIN A SEALANT PASTE. COPPER CONDUCTOR SPLICES OF #6 AWG AND LARGER SHALL BE MADE WITH SPLIT-BOLT CONNECTORS SUCH AS BURNDY "SERVIT" (OR EQUAL) WITH DOUBLE WRAPPED "SCOTCH" #33+ ALL WEATHER VINYL PLASTIC ELECTRICAL TAPE OR WITH "E-Z SEAL" #2200 VINYL INSULATING PADS, BY 3M, OR WITH SIERRA/TOMIC #4000 VINYL SEAL PADS. METAL COVERS AND OTHER EXPOSED CONDUCTIVE SURFACES SHALL BE BONDED PER CEC 250.96(A) PULL BOX SIZING TO BE PER 2022 CEC, 314.28 NOTE: ALL PULL BOXES TO HAVE BOLT DOWN TRAFFIC LIDS WHERE EXPOSED TO VEHICULAR TRAFFIC INCLUDING EMERGENCY AND MAINTENANCE VEHICLES. HANDHOLE ENCLOSURE (PULL BOX) SIZES COMPLY WITH CEC 314.30 (ALL ENCLOSURES TO BE UL "LISTED") 1. CHRISTY NO. N9 (10" X 17" X 12" DEEP) WITH FL9T FIBRELYTE LID. 2. CHRISTY NO. N16 (12" X 22" X 12" DEEP) WITH FL16T FIBRELYTE LID. 3. CHRISTY NO. N30 (13" X 24" X 12" DEEP) WITH FL30T FIBRELYTE LID. 4. CHRISTY NO. N36 (17" X 30" X 12" DEEP) WITH FL36T FIBRELYTE LID. 5. CHRISTY NO. N40 (24" X 36" X 14" DEEP) WITH N40T CONCRETE LID. 6. CHRISTY NO. N44 (20" X 44" X 12" DEEP) WITH N44D2 TWO SECTION CONCRETE LID. 7. CHRISTY NO. N48 (30" X 48" X 14" DEEP) WITH N48T2 TWO SECTION CONCRETE LID. 8. CHRISTY NO. N52 (30" X 60" X 14" DEEP) WITH N52-62J WITH TWO SECTION STEEL LID. NOTE: WHERE ENCLOSURE IS ADJACENT TO CONCRETE WALK PER SITE PLAN 12" DEEP COMPACTED FINISH GRADE BOND CONNECTION PULL THROUGH W.P. SPLICE LID CONNECTOR GRAVEL BASE SET FLUSH NEXT TO WALKWAY * * 6'-0" MIN. BONDING JUMPER 1 #6 TEST GROUNDS SYSTEM TO COMPLY WITH 2019 CEC 250-52(5), 250-53(A), (B) AND (C). BOND ALL SECTIONS OF PANEL. SUPPLEMENTAL GROUND ROD REQUIRED UNLESS 25 OHMS RESISTANCE TO GROUND CAN BE MEASURED AT FIRST GROUND ROD PER 2019 CEC, ARTICLE 250-53(A)(2). GROUND CLAMP WIRE TO GROUND ROD 8" DIAMETER CLAY SOIL PIPE FILL WITH CRUSHED ROCK AND COPPER SULFATE 3/4" MIN. DIA. COPPER OR ZINC COATED STEEL OR UL LISTED X 8'-0" LONG GROUND ROD SIZE AS REQUIRED IN CEC TABLE 250.66 CHRISTY F8 GROUND ROD BOX WITH LID 8-1/4"D X 11-3/4" FINISHED GRADE METER PEDESTAL OR BUILDING GROUND BUS 7'-0" MAX. 6" MAX. TYP. 1" MIN. 3" MAX. TYP. SECTION A 1/2"Ø BOLT GALVANIZED TYP. UNISTRUT P1000 STAINLESS STEEL TO EQUAL PANEL WIDTH UNISTRUT P1000 STAINLESS STEEL WITH 1/2" GALVANIZED BOLT, P1064 AND CHANNEL NUT EA. END. UNISTRUT P1000 STAINLESS STEEL TO EQUAL PANEL WIDTH CONCRETE PAD PER PLAN UNISTRUT, (TYP.) PANEL BOARD TYP. 1/2 " HILTI KB-TZ2 SS304 WITH 3-1/4" EMBEDMENT (ICC ESR# 4266) (4 TOTAL) VERIFY IN FIELD MAXIMUM LENGTH & UNISTRUT WITH ELECTRICAL EQUIPMENT 6" 68" MAX. PANEL'S APPROXIMATE WEIGHT: LBS A CONCRETE PAD PER PLAN PLAN VIEW FRONT VIEW HSS 3"x3"x1/4" 8" SQ. 1/4 1 1/2" TYP. 1/4" CAP PLATE, TYP. 204+/- 3/8" THK. SQ. PLATE W/ (4) 1/2"Ø HILTI KB-TZ2 SS304 W/ 3 1/4" EMBEDMENT, TYP. (ICC ESR# 4266) PANELS PLACEMENT ENLARGED PLAN 1/4" = 1'-0" 3 4- 5'-0" 3/8Ø HHCS W/P1008 NUT @ EA. CORNER (4 TOTAL) UNISTRUT #P1047 TYP. UNISTRUT #P1000 CHANNEL (TYP FOR VERTICAL AND HORIZONTAL MEMBERS) UNISTRUT #P1047 TYP. P2072A SQ. TYP. BRANCH FEEDERS MINI POWER ZONE NEMA 3R 27 CKT TYP. 1/2 " HILTI KB-TZ2 SS304 WITH 3-1/4" EMBEDMENT (ICC ESR# 4266) (4 TOTAL) TYP. 1/2 " HILTI KB-TZ2 SS304 WITH 3-1/4" EMBEDMENT (ICC ESR# 4266) (4 TOTAL) NEMA 5-20R W.P. GFCI RECEPTACLE WITH HEAVY-DUTY IN-USE LOCKABLE METAL COVER 30"W - 51.5"H - 14.5"D 700 LBS 'MPZ-EV' TO (E) SWITCHBOARD 'MSA' 12" MIN AUX GROUND: 3/4" X 10' COPPER CLAD GROUND ROD; BOND TO EV CHARGER WITH #6 BARE COPPER GROUND. TERMINATE GROUND TO GROUND ROD BY EXOTHERMIC WELD AND TO GROUNDING TERMINAL OF EV CHARGER BASE BY MECHANICAL MEANS. ROUTE GROUND CONDUCTOR FROM MINIPOWER ZONE TO BELOW GRADE IN 3/4"C. CLAMP RACEWAY TO UNISTRUT (TYP) SLIP JOINT FITTING (TYP) WITH PANEL "B" PLAN VIEW (E) MAIN SWITCHBOARD "MS" 1000A, 277/480V, 3Ø, 4W, NEMA 3R 6'-2"MIN 3' WORKING CLEARANCE2'-6" 2'-6" 2'-6" 8" 8" 8" 8" 8" (N) 4" HIGH HOUSEKEEPING PAD 8" 2'-6" 8" 1'-3" (N) MUSCO CONTROL PANEL IN A NEMA 3R CABINET (N) PANEL "A" 100A BUS, 277/480V, 3Ø, 4W, NEMA 3R (N) PANEL MINI POWER ZONE WITH PANEL "B" 100A BUS, 120/208V, 3Ø, 4W, NEMA 3R OF SHEETS FILE NO. SCALE: DATE: BENCHMARK: DATE: PREPARED UNDER THE SUPERVISION OF: City of Hemet 445 E. FLORIDA AVENUE HEMET, CA 92543 (951) 765-2360 City of Hemet APPROVED: ENGINEERING DEPARTMENT EA# E# APPROVED BY: NOAH RAU, RCE 74686 PUBLIC WORK DIRECTOR DATE: DESIGNED BY: DRAWN BY: CHECKED BY: DATE: REVISIONS: NO: BY: CITY ENGINEER 1 PETERS CANYON ROAD, SUITE 130 IRVINE, CA. 92606 TEL: 949-387-8500, FAX: 949-387-0800 IDS IDS GROUP NG NG MR Project # 23E010.00 BRUBAKER PARK BASEBALL FIELD LIGHTING 1/23/2024 NG 50% CD 90% CD - NOT FOR CONSTRUCTION 6/19/2024 NG WA #1 7/01/2024 NG 90% CD 9/13/2024 NG 100% CD/WA #2 AS NOTED1/23/2024 N W S E E-201 6 11
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TRENCH DETAIL NO SCALE 1 3" 2" 4" 3" 4" SEE CHART ABOVE 48" TRENCH WIDTH AND DEPTH TO BE ADJUSTED FOR ALL POWER CONDUITS, COMMUNICATIONS/DATA CONDUITS AND OTHER TRADES (PIPING, ETC.) ALL UNDERGROUND CONDUITS PVC SCH. 40 UNLESS NOTED OTHERWISE ON PLANS 12" THIS DETAIL TO VARY PER EXACT SITE REQUIREMENTS AND CONDUIT INSTALLATION UNDER A BUILDING N/A 18" 24" 24" 24" 18" 18" 12" UNDER STREETS, HIGHWAYS ROADS, ALLEYS, DRIVEWAYS, AND PARKING LOTS NONMETALLIC RACEWAYS LISTED FOR DIRECT BURIAL WITHOUT CONCRETE ENCASEMENT OR OTHER APPROVED RACEWAYS ALL LOCATIONS NOT SPECIFIED IN CEC TABLE 300-5 IN TRENCH BELOW 2" THICK CONCREET OR EQUIVALENT LOCATION OF WIRING METHOD OR CIRCUIT DIRECT BURIAL CABLES OR CONDUCTORS PAVED AREA. PATCH TO MATCH EXISTING. MINIMUM 2" ASPHALT OR CONCRETE LANDSCAPED AREA PATCH OR PLANT TO MATCH EXISTING NATIVE OR IMPORTED SOIL TO 90% RELEATIVE DENSITY FREE FROM LARGE ROCKS AND DEBRIS UNDERGROUND WIRING TAPE "CAUTION-ELECTRICAL LINE BURIED BELOW" AS DISTRIBUTED BY SETON NAME PLATE OR EQUAL POWER UTILITY PRIMARY OR SECONDARY CONDUITS. VERIFY QUANTITY, DEPTH AND INSTALLATION WITH POWER UTILITY ENGINEERED DRAWINGS CONDUIT SPACERS (SADDLES) 6'-0" O.C. TYPICAL IMPORTED SAND/GRAVEL BEDDING WITH 0.5 MAX. AND S.E. = 30 OR GREATER. 90% POWER CONDUITS PER PLANS COMMUNICATION/DATA CONDUITS TO BE MINIMUM 12" FROM POWER CONDUITS 12TYPICAL DATA/COMMUNICATION TABLE 830.47(C) N/A 12" 12" 6" OF SHEETS FILE NO. SCALE: DATE: BENCHMARK: DATE: PREPARED UNDER THE SUPERVISION OF: City of Hemet 445 E. FLORIDA AVENUE HEMET, CA 92543 (951) 765-2360 City of Hemet APPROVED: ENGINEERING DEPARTMENT EA# E# APPROVED BY: NOAH RAU, RCE 74686 PUBLIC WORK DIRECTOR DATE: DESIGNED BY: DRAWN BY: CHECKED BY: DATE: REVISIONS: NO: BY: CITY ENGINEER 1 PETERS CANYON ROAD, SUITE 130 IRVINE, CA. 92606 TEL: 949-387-8500, FAX: 949-387-0800 IDS IDS GROUP NG NG MR Project # 23E010.00 BRUBAKER PARK BASEBALL FIELD LIGHTING 1/23/2024 NG 50% CD 90% CD - NOT FOR CONSTRUCTION 6/19/2024 NG WA #1 7/01/2024 NG 90% CD 9/13/2024 NG 100% CD/WA #2 AS NOTED1/23/2024 E-202 7 11
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OF SHEETS FILE NO. SCALE: DATE: BENCHMARK: DATE: PREPARED UNDER THE SUPERVISION OF: City of Hemet 445 E. FLORIDA AVENUE HEMET, CA 92543 (951) 765-2360 City of Hemet APPROVED: ENGINEERING DEPARTMENT EA# E# APPROVED BY: NOAH RAU, RCE 74686 PUBLIC WORK DIRECTOR DATE: DESIGNED BY: DRAWN BY: CHECKED BY: DATE: REVISIONS: NO: BY: CITY ENGINEER 1 PETERS CANYON ROAD, SUITE 130 IRVINE, CA. 92606 TEL: 949-387-8500, FAX: 949-387-0800 IDS IDS GROUP NG NG MR Project # 23E010.00 BRUBAKER PARK BASEBALL FIELD LIGHTING 1/23/2024 NG 50% CD 90% CD - NOT FOR CONSTRUCTION 6/19/2024 NG WA #1 7/01/2024 NG 90% CD 9/13/2024 NG 100% CD/WA #2 MUSCO CONTROL SYSTEM SPECIFICATIONS NTS 1 AS NOTED1/23/2024 E-301
8 11
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OF SHEETS FILE NO. SCALE: DATE: BENCHMARK: DATE: PREPARED UNDER THE SUPERVISION OF: City of Hemet 445 E. FLORIDA AVENUE HEMET, CA 92543 (951) 765-2360 City of Hemet APPROVED: ENGINEERING DEPARTMENT EA# E# APPROVED BY: NOAH RAU, RCE 74686 PUBLIC WORK DIRECTOR DATE: DESIGNED BY: DRAWN BY: CHECKED BY: DATE: REVISIONS: NO: BY: CITY ENGINEER 1 PETERS CANYON ROAD, SUITE 130 IRVINE, CA. 92606 TEL: 949-387-8500, FAX: 949-387-0800 IDS IDS GROUP NG NG MR Project # 23E010.00 BRUBAKER PARK BASEBALL FIELD LIGHTING 1/23/2024 NG 50% CD 90% CD - NOT FOR CONSTRUCTION 6/19/2024 NG WA #1 7/01/2024 NG 90% CD 9/13/2024 NG 100% CD/WA #2 MUSCO LIGHT POLES SPECIFICATIONS - SHEET 1 NTS 1 AS NOTED1/23/2024 E-302
9 11
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OF SHEETS FILE NO. SCALE: DATE: BENCHMARK: DATE: PREPARED UNDER THE SUPERVISION OF: City of Hemet 445 E. FLORIDA AVENUE HEMET, CA 92543 (951) 765-2360 City of Hemet APPROVED: ENGINEERING DEPARTMENT EA# E# APPROVED BY: NOAH RAU, RCE 74686 PUBLIC WORK DIRECTOR DATE: DESIGNED BY: DRAWN BY: CHECKED BY: DATE: REVISIONS: NO: BY: CITY ENGINEER 1 PETERS CANYON ROAD, SUITE 130 IRVINE, CA. 92606 TEL: 949-387-8500, FAX: 949-387-0800 IDS IDS GROUP NG NG MR Project # 23E010.00 BRUBAKER PARK BASEBALL FIELD LIGHTING 1/23/2024 NG 50% CD 90% CD - NOT FOR CONSTRUCTION 6/19/2024 NG WA #1 7/01/2024 NG 90% CD 9/13/2024 NG 100% CD/WA #2 MUSCO LIGHT POLES SPECIFICATIONS - SHEET 2 NTS 1 AS NOTED1/23/2024 E-303 10 11
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OF SHEETS FILE NO. SCALE: DATE: BENCHMARK: DATE: PREPARED UNDER THE SUPERVISION OF: City of Hemet 445 E. FLORIDA AVENUE HEMET, CA 92543 (951) 765-2360 City of Hemet APPROVED: ENGINEERING DEPARTMENT EA# E# APPROVED BY: NOAH RAU, RCE 74686 PUBLIC WORK DIRECTOR DATE: DESIGNED BY: DRAWN BY: CHECKED BY: DATE: REVISIONS: NO: BY: CITY ENGINEER 1 PETERS CANYON ROAD, SUITE 130 IRVINE, CA. 92606 TEL: 949-387-8500, FAX: 949-387-0800 IDS IDS GROUP NG NG MR Project # 23E010.00 BRUBAKER PARK BASEBALL FIELD LIGHTING 1/23/2024 NG 50% CD 90% CD - NOT FOR CONSTRUCTION 6/19/2024 NG WA #1 7/01/2024 NG 90% CD 9/13/2024 NG 100% CD/WA #2 MUSCO LIGHT POLES SPECIFICATIONS - SHEET 3 NTS 1 AS NOTED1/23/2024 E-304 11 11
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Page | 38
EXHIBIT G
CHANGE ORDER DOCUMENT
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Page | 39
EXHIBIT H
SOURCEWELL COOPERATIVE AGREEMENT
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041123-MSL
Rev. 3/2022 1
Solicitation Number: RFP #041123
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Musco Sports Lighting, LLC, 100 1st Ave West, Oskaloosa, IA 52577 (Supplier).
Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Sports Lighting Solutions with Related Technology, Equipment, and Services from which Supplier was awarded a contract.
Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
EXPIRATION DATE AND EXTENSION. This Contract expires June 16, 2027, unless it is cancelled sooner pursuant to Article 22. This Contract allows up to three additional one-year extensions upon the request of Sourcewell and written agreement by Supplier. Sourcewell retains the right to consider additional extensions beyond seven years as required under exceptional circumstances.
B. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract.
DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
17.E
041123-MSL
Rev. 3/2022 2
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.
Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.
All Equipment and Products provided under this Contract must be new and the current model.
Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.
B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.
DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
17.E
041123-MSL
Rev. 3/2022 3
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.
Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.
Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.
B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid taxexemption certification(s). When ordering, a Participating Entity must indicate if it is a taxexempt entity.
C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.
At a minimum, the request must:
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• Identify the applicable Sourcewell contract number;
• Clearly specify the requested change;
• Provide sufficient detail to justify the requested change; • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.
B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at governmentowned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
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Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.
Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum, the terms of which will be negotiated directly between the Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as applicable. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as ecommerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.
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7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:
• Maintenance and management of this Contract;
• Timely response to all Sourcewell and Participating Entity inquiries; and • Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, performance issues, supply issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).
The Report must contain the following fields:
• Participating Entity Name (e.g., City of Staples Highway Department); • Participating Entity Physical Street Address;
• Participating Entity City;
• Participating Entity State/Province;
• Participating Entity Zip/Postal Code;
• Participating Entity Contact Name;
• Participating Entity Contact Email Address;
• Participating Entity Contact Telephone Number;
• Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description;
• Item Purchased Price;
• Sourcewell Administrative Fee Applied; and
• Date Purchase was invoiced/sale was recognized as revenue by Supplier.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, in reference to Table 13, Question 68 of Supplier’s attached response, the negotiated DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
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administrative fee Supplier will pay to Sourcewell on all Equipment, Products, and Services provided to Participating Entities, is eight tenths of one percent (0.8%). The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.
The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.
Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Contract are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.
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C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.
D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.
E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.
11. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.
12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, maintained, or disseminated by the Supplier under this Contract.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
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promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.
3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.
4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.
D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.
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14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.
15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
• Exercise any remedy provided by law or equity, or
• Terminate the Contract or any portion thereof, including any orders issued against the Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:
1. Workers’ Compensation and Employer’s Liability.
Workers’ Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for products liability-completed operations $2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.
Minimum Limits:
$2,000,000
5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Supplier will maintain coverage for all claims the Supplier may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Supplier’s professional services required under this Contract.
Minimum Limits:
$2,000,000 per claim or event
$2,000,000 – annual aggregate
6. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
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Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.
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Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.
21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by nonfederal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
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the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
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Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
17.E
041123-MSL
Rev. 3/2022 17
records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.
N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by a Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.
O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.
P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.
Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.
DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
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041123-MSL
Rev. 3/2022 18
R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.
Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.
S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.
T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.
22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.
Sourcewell Musco Sports Lighting, LLC
By: __________________________ By: __________________________ Jeremy Schwartz James M. Hansen
Title: Chief Procurement Officer Title: Secretary
Date: ________________________ Date: ________________________ Approved:
By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 6/16/2023 | 2:10 PM CDT 6/23/2023 | 2:36 PM CDT
6/23/2023 | 2:44 PM CDT
17.E
RFP 041123 - Sports Lighting Solutions with Related Technology, Equipment, and Services
Vendor Details
Company Name: Musco Sports Lighting, LLC
Address:
100 1st Ave West
PO Box 808
Oskaloosa, IA 52577
Contact: Amanda Hudnut
Email: [email protected]
Phone: 800-825-6030
Fax: 641-672-1996
HST#: 42-1511754
Submission Details
Created On: Tuesday February 21, 2023 07:22:41
Submitted On: Monday April 10, 2023 10:57:03
Submitted By: Jim Hansen
Email: [email protected]
Transaction #: 644e37be-1ebc-43b3-9b63-5a4fe7708b28
Submitter's IP Address: 216.248.100.66
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
17.E
Specifications
Table 1: Proposer Identity & Authorized Representatives General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; respond “N/A” if the question does not apply to you (preferably with an explanation).
Line
Item Question Response *
1 Proposer Legal Name (one legal entity only):
(In the event of award, will execute the
resulting contract as "Supplier")
Musco Sports Lighting, LLC
*
2 Identify all subsidiary entities of the Proposer
whose equipment, products, or services are
included in the Proposal.
None
*
3 Identify all applicable assumed names or DBA
names of the Proposer or Proposer's
subsidiaries in Line 1 or Line 2 above.
None
*
4 Provide your CAGE code or Unique Entity
Identifier (SAM):
CAGE/NCAGE # OA9T7
SAM # WJHFQRT17GC5
*
5 Proposer Physical Address: 100 1st Ave West
PO Box 808
Oskaloosa, IA 52577
*
6 Proposer website address (or addresses): www.musco.com * 7 Proposer's Authorized Representative (name,
title, address, email address & phone) (The
representative must have authority to sign
the “Proposer’s Assurance of Compliance” on
behalf of the Proposer and, in the event of
award, will be expected to execute the
resulting contract):
James M. Hansen
Secretary
Musco Sports Lighting, LLC
100 1st Ave West
PO Box 808
Oskaloosa, IA 52577
Phone: 800-825-6030
Email: [email protected]
*
8 Proposer's primary contact for this proposal
(name, title, address, email address & phone):
Taylor Knoot
Cooperative Contract Specialist
Musco Sports Lighting, LLC
100 1st Ave West
PO Box 808
Oskaloosa, IA 52577
Phone: 800-825-6030
Email: [email protected]
*
9 Proposer's other contacts for this proposal, if
any (name, title, address, email address &
phone):
Chris Hailey
Market Development Manager
Musco Sports Lighting, LLC
100 1st Ave West
PO Box 808
Oskaloosa, IA 52577
Phone: 800-825-6030
Email: [email protected]
Table 2: Company Information and Financial Strength
Line
Item Question Response *
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
17.E
10 Provide a brief history of your company,
including your company’s core values,
business philosophy, and industry longevity
related to the requested equipment, products
or services.
Since 1976, Musco Sports Lighting has specialized in the design of and manufacture of sports and transportation/infrastructure lighting solutions around the world. Musco’s mission has been to provide sports field and transportation/infrastructure lighting solutions for public and private entities throughout the United States of America and internationally.
Built on a foundation of responsibility to the needs of everything being impacted, Musco’s solutions have illuminated everything from neighborhood ballfields; to major stadiums and arenas; to airports, rail yards, industrial sites, container terminals, and ports; to iconic landmarks and the Olympic Games.
Musco has been the industry leader in developing lighting solutions that provide high quality on field performance and environmental sensitivity to the surrounding area.
Energy efficiency, spill and glare control, and field management solutions have been our staple for success in the industry.
Throughout the history of Musco, we have had the pleasure of being the recipient of an Academy Award®, Emmy® Award and the Paul Waterbury Award for Excellence for Outdoor Lighting. Musco has also developed partnerships with organizations such as National Recreation & Park Association, Little League Baseball and Softball, Major League Baseball, the United States Soccer Foundation and The Honey Bear Project (HBCU), to name a few.
Musco has offices and manufacturing facilities in Oskaloosa, Muscatine and Urbandale, Iowa. We have a workforce of approximately 1,300 Team Members located in these facilities and regional sales offices conveniently located around the United States of America. In addition, we have approximately 200 Team Members located outside the United States of America supporting our manufacturing facilities in Shanghai, China and Gumi, South Korea and multiple sales offices globally.
Musco Sports Lighting, LLC has over 170 Team Members dedicated to operating and maintaining customer lighting around the USA. Regional based service technicians are available for quick responses. These Team Members are factorytrained and specialize in routine maintenance, repairs, and analysis of sports lighting systems. Our Control-Link Central™ service center is staffed 24/7/365 with trained operators who provide scheduling and report assistance, along with one-on-one phone/video training. Proactive nightly testing is done to assure customer’s control systems are operating properly and field operations are constantly monitored.
Along with our Lighting Services and Control-Link Central™ Teams, we have a fully staffed group of internal experts including but not limited to Sales Representatives, Regional Sales Associates, Service Representatives, Part Representatives, Project Coordinators, Schedulers, and Engineers. We will ensure your project flows smoothly and you get the results you expect.
*
11 What are your company’s expectations in the
event of an award?
Musco has been a Sourcewell awarded vendor for going on 9 years. We look forward to continuing the growth and educating eligible members, current members and our Musco Sales Team Members on the benefits of Sourcewell. *
12 Demonstrate your financial strength and
stability with meaningful data. This could
include such items as financial statements,
SEC filings, credit and bond ratings, letters
of credit, and detailed reference letters.
Upload supporting documents (as applicable)
in the document upload section of your
response.
Please see uploaded letter from Wells Fargo Bank, N.A. & Travelers Casualty and Surety Company of America. Also included is a copy of our current insurance certificate.
*
13 What is your US market share for the
solutions that you are proposing?
Musco’s sports lighting systems & solutions make up approximately 80% of the US market share.
*
14 What is your Canadian market share for the
solutions that you are proposing?
Musco’s sports lighting systems & solutions make up approximately 50% of the Canadian market share.
*
15 Has your business ever petitioned for
bankruptcy protection? If so, explain in detail.
Musco Sports Lighting, LLC has not been the subject to any voluntary or involuntary bankruptcy, insolvency or receivership proceedings.
*
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
17.E
16 How is your organization best described: is
it a manufacturer, a distributor/dealer/reseller,
or a service provider? Answer whichever
question (either a) or b) just below) best
applies to your organization.
a) If your company is best described as
a distributor/dealer/reseller (or similar entity),
provide your written authorization to act as a
distributor/dealer/reseller for the manufacturer
of the products proposed in this RFP. If
applicable, is your dealer network
independent or company owned?
b) If your company is best described as
a manufacturer or service provider, describe
your relationship with your sales and service
force and with your dealer network in
delivering the products and services
proposed in this RFP. Are these individuals
your employees, or the employees of a third
party?
Musco Sports Lighting, LLC is a manufacturer of sports and transportation/infrastructure lighting solutions. Musco has a sales force of over 100 dedicated Team Members throughout the United States & Canada. Musco has sales offices conveniently located around the United States of America. These Team Members are employed by Musco.
*
17 If applicable, provide a detailed explanation
outlining the licenses and certifications that
are both required to be held, and actually
held, by your organization (including third
parties and subcontractors that you use) in
pursuit of the business contemplated by this
RFP.
Musco Sports Lighting is authorized to sell products and provide services in all 50 states, the District of Columbia and Canada. We comply with applicable federal, state, local and industry laws for each purchasing customer. In Canada, Musco sells under our Canadian company, Musco Sports Lighting Canada Co. Please reference the uploaded Musco Contractor License information.
As a General Contractor, Musco selects and contracts with local subcontractor organizations that meet our quality standards and can fulfill our time constraints to perform the type of work outlined in this RFP. Musco does obtain license verification and insurance certificate for all subcontractors who work with us. *
18 Provide all “Suspension or Debarment”
information that has applied to your
organization during the past ten years.
Musco Sports Lighting, LLC has not been the subject of any suspension or disbarments. *
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
17.E
Table 3: Industry Recognition & Marketplace Success
Line
Item Question Response *
19 Describe any relevant industry awards or
recognition that your company has received
in the past five years
During Musco’s 46 years in the sports lighting industry, Musco & our Team Members have received quite a few awards and recognitions. Below is a listing of several recent awards & recognitions along with our more notable ones from years past.
American Marketing Association Iowa Nova Award for Public Relations Best of Category for Field of Dreams with MLB (2022)
Eric O’Brien Commercial Award (Mike Berry, MA) from The New England Park Association (2021)
NIAAA Distinguished Service to Athletic Administration (Dina Neeley, NC) from the North Carolina Athletic Directors Association (2018)
David Lose Partnership Award (Curt Mickey, KY) from the Kentucky Recreation and Park Society (2018)
Emmy® Award from the Academy of Television Arts & Sciences® for lighting ESPN’s telecast for the Winter X-Games (2012)
Paul Waterbury Award of Excellence for Outdoor lighting from the Illuminating Engineering Society for the innovative lighting design at Charlotte Motor Speedway (1993)
Scientific and Engineering Award from the Academy of Motion Picture of Arts and Services® (1985)
Emmy® Award from the Academy of Television Arts & Sciences® for lighting NCAA football telecasts (1982)
*
20 What percentage of your sales are to the
governmental sector in the past three years
Approximately 41% of Musco’s current national sales are to the government sector. * 21 What percentage of your sales are to the
education sector in the past three years
Approximately 52% of Musco’s current national sales are to the education sector. * 22 List any state, provincial, or cooperative
purchasing contracts that you hold. What is
the annual sales volume for each of these
contracts over the past three years?
Musco is an awarded vendor on several national and regional cooperative purchasing contracts. Please see the uploaded document titled “Musco Cooperative Information” for a summary of the cooperative and approximate sales for 2020, 2021, and 2022.
*
23 List any GSA contracts or Standing Offers
and Supply Arrangements (SOSA) that you
hold. What is the annual sales volume for
each of these contracts over the past three
years?
Musco Sports Lighting, LLC currently does not hold any GSA contracts. *
Table 4: References/Testimonials
Line Item 24. Supply reference information from three customers who are eligible to be Sourcewell participating entities.
Entity Name * Contact Name * Phone Number *
Fairfax County Park Authority Paul Shirey 703-324-8738 * Denver Public Schools Josh Griesbach 720-423-1913 *
University of Iowa Laura Hawks 319-467-1626 *
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
17.E
Table 5: Top Five Government or Education Customers
Line Item 25. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years.
Entity Name Entity Type * State /
Province * Scope of Work * Size of Transactions * Dollar Volume Past ThreeYears * Education Education Florida - FL Materials & install Approx. $500K Approx. $10.8M * Education Education Arizona - AZ Materials Approx. $750K Approx. $6.8M * Government Government Florida - FL Materials & install Approx. $1.7M Approx. $6.7M * Government Government Texas - TX Materials & install Approx. $900K Approx. $6.3M * Education Education Texas - TX Materials & install Approx. $400K Approx. $5.9M * Table 6: Ability to Sell and Deliver Service
Describe your company’s capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable.
Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions.
Line
Item Question Response *
26 Sales force. Musco has a sales force of over 100 dedicated Sales Team Members throughout the United States & Canada. These Team Members are employed by Musco.
Musco has offices and manufacturing facilities in Oskaloosa, Muscatine and Urbandale, Iowa. We have a workforce of approximately 1,300 Team Members located in these facilities and regional sales offices conveniently located around the United States of America. In addition, we have approximately 200 Team Members located outside the United States of America supporting our manufacturing facilities in Shanghai, China and Gumi, South Korea and multiple sales offices globally. *
27 Dealer network or other distribution
methods.
Musco Sports Lighting, LLC has no agents or dealers authorized to represent the company. Musco’s custom designed, engineered to order lighting systems must be purchased directly from the company.
*
28 Service force. Musco has over 170 Team Members dedicated to operating and maintaining customer lighting around the USA. Regional based service technicians are available for quick responses. These Team Members are factory-trained and specialize in routine maintenance, repairs, and analysis of sports lighting systems. Our Control-Link Central™ service center is staffed 24/7/365 with trained operators who provide scheduling and report assistance, along with one-on-one phone/video training.
Proactive testing is done to assure customer’s control systems are operating properly and field operations are constantly monitored.
*
29 Describe the ordering process. If orders
will be handled by distributors, dealers or
others, explain the respective roles of the
Proposer and others.
Orders will be handled by our Musco employed Sales Team. *
30 Describe in detail the process and
procedure of your customer service
program, if applicable. Include your
response-time capabilities and
commitments, as well as any incentives
that help your providers meet your stated
service goals or promises.
Musco has over 170 Team Members dedicated to operating and maintaining customer lighting around the USA. Regional based service technicians are available for quick responses. These Team Members are factory-trained and specialize in routine maintenance, repairs, and analysis of sports lighting systems. Our Control-Link Central™ service center is staffed 24/7/365 with trained operators who provide scheduling and report assistance, along with one-on-one phone/video training.
Proactive testing is done to assure customer’s control systems are operating properly and field operations are constantly monitored.
Musco’s Warranty Department will make arrangements with the specified project contact to identify & rectify the situation in an appropriate time frame. If needed, Musco has the ability to hire a local electrical contractor to perform any immediate warranty needs.
Musco will provide all materials and labor to maintain operation of its lighting system to original design criteria during the warranty period up to 25 years (depending on product). Musco products are guaranteed to perform for the as detailed in our warranty documents.
*
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
17.E
31 Describe your ability and willingness to
provide your products and services to
Sourcewell participating entities in the
United States.
Musco Sports Lighting is authorized to sell products and provide services in all 50 states, the District of Columbia and Canada. Musco will be able to fully serve all geographic areas through the proposed contract. In Canada, Musco sells under our Canadian company, Musco Sports Lighting Canada Co.
*
32 Describe your ability and willingness to
provide your products and services to
Sourcewell participating entities in Canada.
Musco Sports Lighting is authorized to sell products and provide services in all 50 states, the District of Columbia and Canada. Musco will be able to fully serve all geographic areas through the proposed contract. In Canada, Musco sells under our Canadian company, Musco Sports Lighting Canada Co.
*
33 Identify any geographic areas of the United
States or Canada that you will NOT be
fully serving through the proposed contract.
Musco Sports Lighting, LLC will be able to fully serve all Sourcewell Members throughout the United States and Canada. *
34 Identify any Sourcewell participating entity
sectors (i.e., government, education, not-forprofit) that you will NOT be fully serving through the proposed contract. Explain in
detail. For example, does your company
have only a regional presence, or do other
cooperative purchasing contracts limit your
ability to promote another contract?
Musco Sports Lighting, LLC will be able to fully serve all Sourcewell Members through the proposed contract.
*
35 Define any specific contract requirements
or restrictions that would apply to our
participating entities in Hawaii and Alaska
and in US Territories.
Musco has no specific requirements or restrictions which apply to Sourcewell Members located off shores. *
Table 7: Marketing Plan
Line
Item Question Response *
36 Describe your marketing strategy for
promoting this contract opportunity.
Upload representative samples of your
marketing materials (if applicable) in
the document upload section of your
response.
Musco Sports Lighting, LLC has several brochures available to market our product to Sourcewell Members. A sampling of what we can supply is listed below, included in our catalog and attached.
• World Class Leaders
• We Make it Happen
• Always Ready to Play brochure
• Total Light Control – TLC for LED™ brochure
• Retrofit Lighting Solutions brochure
• Musco Control Solutions
Musco Sports Lighting, LLC markets our products through tradeshows, conventions, direct mail and advertising. Musco does targeted, personalized marketing promotions to specific customer groups and would be able to provide information on Sourcewell as appropriate in those promotions.
*
37 Describe your use of technology and
digital data (e.g., social media,
metadata usage) to enhance
marketing effectiveness.
Musco regularly provides updates about our Team, product, services and projects via our web site & social media accounts (Twitter, Facebook, Instagram, YouTube & LinkedIn). In addition, our Sales Team each have Twitter and/or LinkedIn that they post updates to on a regular basis.
*
38 In your view, what is Sourcewell’s role
in promoting contracts arising out of
this RFP? How will you integrate a
Sourcewell-awarded contract into your
sales process?
Musco anticipates that Sourcewell would promote Musco’s solutions and services via their web site, social media, tradeshows and publications.
Our USA & Canada Sales Team will promote Sourcewell by informing qualified customers of this available resource for their use in purchasing Musco’s solutions. *
39 Are your products or services
available through an e-procurement
ordering process? If so, describe your
e-procurement system and how
governmental and educational
customers have used it.
Due to Musco’s custom designed, engineered to order lighting systems, our products and services are not available through any e-procurement ordering process. *
Table 8: Value-Added Attributes
Line
Item Question Response *
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
17.E
40 Describe any product, equipment,
maintenance, or operator training
programs that you offer to
Sourcewell participating entities.
Include details, such as whether
training is standard or optional,
who provides training, and any
costs that apply.
Musco includes training with the purchase of our solutions.
During the sales process, Musco’s Sales Team will provide education on sports lighting, Musco’s products and services as well as applicable governing bodies standards.
Once installation of the Musco lighting system is completed, Musco’s Sales Team and/or Project Manager will complete an overview of the lighting system and complete final light level evaluations. They will then assist in arranging a more in-depth training with our ControlLink Central™ Team.
Musco’s Control-Link Central™ service center is staffed 24/7/365 with trained operators who provide scheduling and report assistance, along with one-on-one phone/video training. *
41 Describe any technological
advances that your proposed
products or services offer.
At Musco, our approach is more than just selling and installing poles and fixtures. We are in the business of selling the right amount light, on and off the facility, for the least amount of cost over the life of the warranty. We work closely with the owner and their consultants to gain a full understanding of the facility, its use and surroundings.
Musco’s Light-Structure System™ has delivered long-term performance for thousands of customers around the world. Lights, structures, and electrical components are engineered to work together. This assures the designed lighting gets in the place and stays there over the life of the system, while also maintaining and protecting the operating environment so the components continue to function. We have included features like easy to reach remote drivers, integrated grounding, and surge protection to ensure the longevity of the LED’s sensitive electronic components.
For over a decade, the Musco Team has been testing the LED light source and applying it on projects where it was the best choice. We have researched LED’s distinctive challenges and advantages and applied our knowledge of light control to the unique characteristics of the diode, assuring the quality of lighting for which Musco is known. We have paired our expertise in controlling light with the advancing output of LED to the point that we are confident it’s a cost-effective option to consider for recreational facilities. Musco creates controlled light, not floodlights.
LED brings many benefits and new opportunities, but it’s a tool, not a solution. Controlling LED’s intense light is challenging. But with Total Light Control – TLC for LED®, we are able to achieve things never before possible – from pinpoint precision to instant on/off, to varying light levels for different needs and sport presentation theatrics (choreographed light & music shows). With the ever-evolving sports and recreation landscape Musco continues to push boundaries in the marketplace.
The key issue in sports lighting haven’t changed: generating light, projecting it onto the target, keeping it out of the neighborhood and night sky, and creating an operating environment that allows it to last in real world conditions. Musco is able to carve out the area to be lighted and dramatically cut off any impact on the surrounding area. We use more of the light produced by the fixture, lose less light, and don’t abuse the neighborhood.
With cities and recreational needs growing faster than ever, it’s critical to maximize the available resources and make solid decisions about managing and expanding facilities. The Control-Link® System is a reliable, cost-effective control system that helps control, monitor, and manage recreation facility lighting. It can control existing lighting systems and other electrically operated equipment. Whether for new lighting systems or to upgrade existing lights, the Control-Link® system includes our Control-Link Central™ team, the on-site ControlLink® equipment, and an industry-leading warranty. Our exclusive Control-Link Central™ team is staffed 24/7 to assist with your scheduling and reporting needs.
Musco’s Light-Structure System™ with Total Light Control – TLC for LED® is backed by an industry-leading 25-year warranty. Musco’s Constant 25™ Product Assurance & Warranty program covers all materials and labor to maintain operation of its lighting system to original design criteria for 25 years.
*
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
17.E
42 Describe any “green” initiatives
that relate to your company or to
your products or services, and
include a list of the certifying
agency for each.
Musco is committed to excellence and leadership in the protection of the environment, and the implementation of sustainable guidelines. We minimize the emissions to air, water, and land through programs to reduce pollution at its source and will conserve energy through the use of energy efficient lighting systems.
Product:
• Musco’s Green Generation Lighting® (HID) and TLC for LED® technology are 30 to 80 percent more energy efficient than traditional lighting equipment. • Customized optics direct light onto the desired surface, reducing wasted light into the surrounding area.
• Control-Link® system provides remote on/off control, allowing customers to schedule our light systems to help maximize energy efficiency.
• Eases pollution by eliminating or reducing the use of hazardous substances and reducing greenhouse gas emissions.
Manufacturing:
• On-site waste management includes recycling manufacturing scrap materials, wooden skids, paper and other packaging materials.
• Packaging of our Light-Structure System™ contains between 30 to 50 percent recycled material.
• Reusable packaging is used to move components from original fabrication through the complete manufacturing process.
• During the spot maintenance and complete system lamping provided by Musco, all HID lamps are recycled to salvage both the mercury and glass. • Reuse water during the manufacturing process and conserve water when possible.
Office:
• Electronic components that are not re-usable due to equipment failure or are below minimum requirements are recycled through and E-Waste Facility. • Use geothermal heating and air conditioning to minimize energy consumption. • Our facilities have automatic toilets and faucets to minimize water usage. *
43 Identify any third-party issued ecolabels, ratings or certifications that your company has received for
the equipment or products
included in your Proposal related
to energy efficiency or
conservation, life-cycle design
(cradle-to-cradle), or other
green/sustainability factors.
Musco currently does not hold any third-party issued eco-labels, ratings or certifications for our products. With sports lighting being a small piece of the U.S. lighting marketplace, categories just don’t exist for this type of product. Musco has been the industry leader in developing lighting solutions that provides high quality on field performance and environmental sensitivity to the surrounding area. Energy efficiency, spill and glare control, and field management solutions have been our staple for success in the industry. *
44 Describe any Women or Minority
Business Entity (WMBE), Small
Business Entity (SBE), or veteran
owned business certifications that
your company or hub partners
have obtained. Upload
documentation of certification (as
applicable) in the document
upload section of your response.
Musco Sports Lighting, LLC is not a Women or Minority Business Entity (WMBE), Small Business Entity (SBE), or veteran owned business.
*
45 What unique attributes does your
company, your products, or your
services offer to Sourcewell
participating entities? What makes
your proposed solutions unique in
your industry as it applies to
Sourcewell participating entities?
Musco Sports Lighting provides a custom designed, engineered to order lighting systems, from foundation to pole top that operates as a complete system. The lighting system comes with our Constant 25™ or Constant 10™ Product Assurance & Warranty Program. Musco’s Constant 25™ or Constant 10™ not only covers your product for 25 or 10 years, it guarantees that your light levels will not drop below the designed performance for the warranty period. Musco also includes our Control-Link® system that provides the customer assurance their system will be maintained by Musco for the warrantied period.
At Musco, our approach is more than just selling and installing poles and fixtures. We are in the business of selling the right amount light, on and off the facility, for the least amount of cost over the life of the warranty. We work closely with the owner and their consultants to gain a full understanding of the facility, its use and surroundings. *
Table 9: Warranty
Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below.
Line
Item Question Response *
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
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46 Do your warranties cover all products, parts, and
labor?
Musco Sports Lighting, LLC will provide all materials and labor to maintain operation of its lighting system to original design criteria for 25 or 10 years.
Musco products are guaranteed to perform for the customer as detailed in the Musco Constant 25™ or Musco Constant 10™ documents. Musco shall monitor the performance of the lighting system on/off status, hours of usage, and luminaire outage. If outages that affect playability are detected, Musco will contact you and proactively dispatch technicians.
To assist with the determination of repairs, Musco will utilize the field monitoring system and any information provided by the customer to determine when the usage of the field is materially impacted. From this information, Musco will determine needed repair and/or replacement of Covered Product(s) and parts. Repair will be with Product(s) of like kind and quality.
The only requirement Musco has is the customer agrees to check fuses and to replace fuses as needed. Musco provides spare fuses in the lowest alphanumeric enclosure, which is located 10-12 feet above grade and is reachable by a ladder. Musco will replenish spare fuses as needed.
Under the Musco Constant 25™ or Musco Constant 10™ Product Assurance & Warranty Program, Musco pays any upfront cost for shipping cost, installation cost, and any associated rental equipment cost & disposal cost for the replaced equipment.
Musco has a team of 170+ Team Members to ensure fulfillment of our product and services warranty and maintains financial reserves dedicated to support our warranty.
Please check out this YouTube video showcasing our Support Services and Warranty. https://www.youtube.com/watch?v=oxH00ofzSJA. This link is also included on the uploaded “Musco Solutions and Testimonial videos” document that has been uploaded.
*
47 Do your warranties impose usage restrictions or
other limitations that adversely affect coverage?
There is no hour usage restriction for our Musco Constant 25™ or Musco Constant 10™ Product Assurance & Warranty Program, but we do ask for expected usage hours to meet design criteria of the project. *
48 Do your warranties cover the expense of
technicians’ travel time and mileage to perform
warranty repairs?
Yes, the Musco Constant 25™ and Musco Constant 10™ Product Assurance & Warranty Program covers the technicians travel time and mileage to perform any warranty repairs.
*
49 Are there any geographic regions of the United
States or Canada (as applicable) for which you
cannot provide a certified technician to perform
warranty repairs? How will Sourcewell
participating entities in these regions be provided
service for warranty repair?
Musco will be able to cover all geographic regions of the United States & Canada with our Lighting Services Team that is comprised of 170 Team Members dedicated to operating and maintaining customer lighting around the USA. Regional based service technicians are available for quick responses. These Team Members are factory-trained and specialize in routine maintenance, repairs, and analysis of sports lighting systems.
Musco’s Warranty Department will make arrangements with the specified project contact to identify & rectify the situation in an appropriate time frame. If needed, Musco has the ability to hire a local electrical contractor to perform any immediate warranty needs.
Our Control-Link Central™ service center is staffed 24/7/365 with Musco employed trained operators (Team Members) who provide scheduling and report assistance, along with one-on-one phone/video training. Proactive testing is done to assure customer’s control systems are operating properly and field operations are constantly monitored. As we have heard several of our customers say, “Musco often is calling me to schedule a repair before I even know I had a problem.”
*
50 Will you cover warranty service for items made by
other manufacturers that are part of your proposal,
or are these warranties issues typically passed on
to the original equipment manufacturer?
Yes, items included in the scope of Musco sports lighting design, Musco will cover warranty service for those items. *
51 What are your proposed exchange and return
programs and policies?
Due to Musco’s lighting solutions being custom designed, engineered to order we do not have an exchange and return program. Any defective on arrival product or repairs are covered by Musco Constant 25™ or Musco Constant 10™ Product Assurance & Warranty Program.
*
52 Describe any service contract options for the
items included in your proposal.
Musco Sports Lighting, LLC will provide all materials and labor to maintain operation of its lighting system to original design criteria for 25 or 10 years.
Musco products are guaranteed to perform for the customer as detailed in the Musco Constant 25™ or Musco Constant 10™ documents. Under the Musco Constant 25™ or Musco Constant 10™ Product Assurance & Warranty Program.
*
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
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Table 10: Payment Terms and Financing Options
Line
Item Question Response *
53 Describe your payment terms and accepted payment
methods.
Musco’s payment terms are Net 30. Payments not paid when due are subject to a carrying charge for each month past due or will be pro-rated for the portion of the month there is an unpaid balance.
Carrying charges shall accrue in the amount of one- and one-half percent (1½%) per month of any overdue unpaid balance, or the maximum rate permitted by law, whichever is less.
*
54 Describe any leasing or financing options available for use by educational or governmental entities.
Musco Finance™ was established in 2006, it provides competitive financing solutions that enable customers to realize the benefits of Musco products and services. Hundreds of customers have used these solutions to complete their lighting projects. Musco Finance™ has provided budget-accommodating financing for governmental, commercial, and not-for-profit entities throughout the United States of America.
The municipal lease-purchase program, offered by Musco Finance™ provides the funding opportunity many public entities need for facility improvements such as sports lighting. The program provides a flexible, cost-effective means of funding essential renovations and, in many areas, may eliminate much of the time and expense
associated with selling bonds for a project. A know set expense can be budgeted annually, freeing you from budget uncertainties and lowering cash flow impact.
*
55 Describe any standard transaction documents that you propose to use in connection with an awarded contract
(order forms, terms and conditions, service level
agreements, etc.). Upload a sample of each (as
applicable) in the document upload section of your
response.
Due to Musco’s custom designed, engineered to order solutions our documents are tailored to the project and customer needs. Please see attached sample quote and invoice. *
56 Do you accept the P-card procurement and payment
process? If so, is there any additional cost to Sourcewell participating entities for using this process?
Musco Sports Lighting, LLC currently does not accept P-card procurement cards. *
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
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Table 11: Pricing and Delivery
Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as described in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form.
Line
Item Question Response *
57 Describe your pricing model (e.g., line-item discounts or product-category discounts). Provide detailed pricing data (including standard or list pricing and the Sourcewell
discounted price) on all of the items that you want
Sourcewell to consider as part of your RFP response. If applicable, provide a SKU for each item in your proposal.
Upload your pricing materials (if applicable) in the
document upload section of your response.
Musco Sports Lighting provides a custom designed, engineered to order lighting system, pricing is based per the RFP. This price list should not be considered complete and exhaustive due to the nature of each project being a unique, custom design build situation. Extreme spill and glare concerns, pole locations, and wind zone variance may affect price. RFP quoted pricing is for the most common field designs based on structural code and utilizing IBC 2018, 110 mph, Exposure C.
Installations services are available on a per project basis dependent upon Musco’s compliance with state and local licensing
requirements. Labor and materials for the complete installation, including foundations, pole erection, trenching, backfill, conduit, wire, electrical distribution and service cabinet(s) and site restoration shall utilize the current RS Means pricing, coefficient and must also include the appropriate City Cost Index.
*
58 Quantify the pricing discount represented by the pricing proposal in this response. For example, if the pricing in your response represents a percentage discount from
MSRP or list, state the percentage or percentage range.
The percentage discount from list prices for materials offered under this RFP is 5%. The attached price list already takes into account the 5% discount for the materials.
*
59 Describe any quantity or volume discounts or rebate
programs that you offer.
As Musco is a custom designed, engineered to order lighting system, there is no quantity or volume discounts available. *
60 Propose a method of facilitating “sourced” products or related services, which may be referred to as “open
market” items or “nonstandard options”. For example, you may supply such items “at cost” or “at cost plus a
percentage,” or you may supply a quote for each such
request.
Musco Sports Lighting, LLC will work with the Sourcewell member regarding pricing and delivery of any open market, sourced and/or non-standard options which would be desired by the Sourcewell member. Musco and the Sourcewell member will agree upon a desired outcome and reflect this in the customer quote for use in issuing a purchase order.
*
61 Identify any element of the total cost of acquisition that is NOT included in the pricing submitted with your response.
This includes all additional charges associated with a
purchase that are not directly identified as freight or shipping charges. For example, list costs for items like predelivery inspection, installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer.
As Musco is a custom designed, engineered to order lighting system, pricing is based per the RFP. The pricing can also include equipment installation. Labor and materials for the complete installation include, foundations, pole erection, trenching, backfill, conduit, wire, electrical distribution and service cabinet(s) and site restoration shall utilize the current RS Means pricing, coefficient and must also include the appropriate City Cost Index. If the construction project requires, Musco offers pre-shipment of the precast concrete bases. The additional cost for the pre-shipment of the precast concrete bases will vary depending on the location of the lighting project.
*
62 If freight, delivery, or shipping is an additional cost to the Sourcewell participating entity, describe in detail the complete freight, shipping, and delivery program.
Musco’s pricing includes delivery within the State of Minnesota to the job site and are for lighting systems materials only. Additional freight cost may be incurred outside the State of Minnesota. *
63 Specifically describe freight, shipping, and delivery terms or programs available for Alaska, Hawaii, Canada, or any
offshore delivery.
Musco has no specific requirements in regard to Alaska, Hawaii, Canada, or any offshore delivery. *
64 Describe any unique distribution and/or delivery methods or options offered in your proposal.
Musco Sports Lighting offers custom designed, engineered to order lighting systems. Products are directly purchased from the company as we have no agents or authorized dealers. When you purchase a Musco Solution, it is delivered from our dedicated transportation company with Musco Lighting signage on the trucks.
*
Table 12: Pricing Offered
Line
Item The Pricing Offered in this Proposal is: * Comments 65 b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments.
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
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Table 13: Audit and Administrative Fee
Line
Item Question Response *
66 Specifically describe any self-audit process or program that you plan to employ to verify compliance with your proposed Contract with Sourcewell. This process includes ensuring that Sourcewell participating entities obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to Sourcewell. Provide sufficient detail to support your ability to report quarterly sales to Sourcewell as described in the Contract template.
A self-audit process is in place specifically intended to verify compliance of cooperative purchasing contracts.
• Sales Administrator pulls monthly contract sales report for the cooperative purchasing contract and its associated fee for that time period.
• Each contract project PO is checked and validated that it is an awarded contract purchase
• Project awarded contract fee is validated as correct
• When validation complete, report sent to cooperative
purchasing organization
• As a checks & balance process, Cooperative Contract
Specialist pulls a Method of Purchase by type report on a quarterly basis and a comparison is done with quarterly contract sales reports to ensure totals for an awarded
contract matches on both reports
• Invoice documents for projects of a contract member
are available for review upon request
*
67 If you are awarded a contract, provide a few examples of internal metrics that will be tracked to measure whether you are having success with the contract.
On a monthly basis, Musco is looking at the total number of projects sold & and how they breakdown by method of
purchase (bid, competitive negotiation, cooperative purchase & direct purchase). Several times during the year, we break down the method of purchase by each cooperative purchase contract. These numbers are compared to the previous
timeframes and evaluated.
*
68 Identify a proposed administrative fee that you will pay to Sourcewell for facilitating, managing, and promoting the Sourcewell Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor’s sales under the Contract or as a per-unit fee; it is not a line-item addition to the Member’s cost of goods. (See the RFP and template Contract for additional details.)
Musco Sports Lighting, LLC proposes a 0.75%
administrative fee calculated as a percentage of the
customer contract sales price.
*
Table 14A: Depth and Breadth of Offered Equipment Products and Services Line
Item Question Response *
69 Provide a detailed description of the
equipment, products, and services that you
are offering in your proposal.
Light-Structure System™ lighting with Total Light Control – TLC for LED™ technology is for new outdoor lighting applications. It is engineered as a 5 Easy Pieces™ complete system from foundation to poletop designed to a customer’s needs. Lights, structures, and electrical components are engineered to work together.
This ensures the designed lighting gets in place and stays there over the life of the system, while also maintaining and protecting the operation environment so the components continue to function. We’ve included features like factory aimed luminaires, easy to reach remote drivers, integrated grounding, and surge protection to ensure the longevity of the lighting system. Musco’s Light-Structure System™ is engineered as a complete system including the precast concrete base, galvanized steel pole, electrical components enclosure, wire harness and poletop luminaire assembly. This allows for installation ease and reduced time and expense. Musco’s TLC for LED® luminaire is available in several wattage, Kelvin & CRI combinations to meet custom project requirements. Multiple light control visor options are available to allow for precise light control therefore dramatically reducing glare and spill. Our unique heat sink has convective air-cooling design that maintains a low LED junction temperature during high wattage operation. This system includes our Control-Link® control system for remote operation and is covered by Musco’s Constant 25™ product assurance and warranty program.
SportsCluster® lighting system with Total Light Control – TLC for LED™ or Total Light Control – TLC for LED™ Retrofit System technology is for outdoor and indoor lighting applications. It is a modular photometric unit, factory aimed and tested, to interface with a customer’s existing structures, making an easy retrofit lighting solution. Musco’s TLC for LED® luminaire is available in several wattage, Kelvin & CRI combinations to meet custom project requirements. Multiple light control visor options are available to allow for precise light control therefore dramatically reducing glare and spill. Our unique heat sink has convective air-cooling design that maintains a low LED junction temperature during high wattage operation. This system includes our Control-Link® control system for remote operation and is covered by Musco’s Constant 10™ product assurance and warranty program, Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
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contingent upon Musco’s inspection and approval of existing structure and electrical wiring.
Control-Link® control and monitoring system offers efficient, cost-effective tools that are both cutting-edge and simple to use. Musco will have your back 24/7/365 to ensure your lights are only on when needed, keeping neighbors and taxpayers happy. Because more than anything, it’s about peace of mind. The Control-Link® system provides comprehensive scheduling assistance, system monitoring, secure password-protected access, automated equipment controls, and valuable usage data.
Show-Light® entertainment services provide a cost-effective way for you to bring professional light shows to your facility. From pre-game introductions to halftime shows, to celebrating big plays and big wins, this special effect lighting will energize players and fans and take your game atmosphere to a new level. Special effects light shows aren’t just for the pros anymore. Musco’s Show-Light® technology utilizes instant on/off and the advanced control capabilities of LED, is easy to use, and delivers both predesigned and customized light shows. Show-Light® entertainment services can also tap into advanced customization capabilities and more complex light shows that incorporate music along with the special effects lighting. Musco is not responsible for obtaining rights to or any cost associated with music licenses.
Mini-Pitch System™ modular sports solution has an innovative, all-in-one design to help communities create fun and active play spaces by revitalizing public areas.
Created to assist the U.S. Soccer Foundation in providing safer places to play the game, the Mini-Pitch System™ solution is ideal for transforming abandoned courts and other underutilized areas into places where children and families can come together in the spirt of teamwork, empowerment, and physical activity. It comes as a modular system complete with lighting, fencing, goals, benches, ADA-compliant access, and lockable storage.
MuscoVision® video system is a complete automated sports broadcasting solution that includes camera equipment, networking, streaming services, broadcast production, and distribution for watching various sporting events on a variety of platforms. It includes automated camera switching and game tracking for an enhanced broadcast experience. Also, it includes active game detection for ease of scheduling utilizing the same toolset used to schedule lighting. The customer must provide their own internet connection, install our MuscoVision® video system equipment, and set a broadcast schedule in Musco’s Control-Link® control system.
Musco does the rest!
Musco will provide all materials and labor to maintain operation of its lighting system to original design criteria of the warranty period up to 25 years (depending on product). Musco products are guaranteed to perform for the as detailed in our warranty documents.
Installation services are available on a per-project basis dependent upon Musco’s compliance with state and local licensing requirements. Labor and materials for the complete installation, including but not limited to foundations, pole erection, trenching, backfill, conduit, wire, electrical distribution and service cabinet(s) and site restoration shall utilize the current RS Means pricing, coefficient and must also include the appropriate City Cost Index.
*
70 Within this RFP category there may be
subcategories of solutions. List subcategory
titles that best describe your products and
services.
The scope of work of the RFP covers Musco products and services. Musco has no additional subcategories to suggest.
Below is a list of keywords that best describe Musco’s product and services. sports lighting, lighting, Musco, Musco Lighting, LED, lamp, football lighting, baseball lighting, field lighting, LED lighting, fixtures, flood lighting, flood light, parking lighting, softball lighting, light poles, light pole, soccer lighting, tennis lighting, aviation lighting, port lighting, temporary lighting, basketball lighting, arena lighting, apron lighting, rail lighting, automated broadcasting, light show, futsal, MUGA, camera, video, AV, entertainment, DMX
*
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
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Table 14B: Depth and Breadth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary.
Line
Item Category or Type Offered * Comments
71 Indoor, outdoor, fixed, or portable sports
related lighting solutions;
Yes
No
Musco Sports Lighting, LLC is offering indoor, outdoor, fixed, or portable sports related lighting solutions within our proposal.
*
72 Technology integration, retrofit solutions,
software, design, project management,
installation services, and maintenance related
to the purchase of equipment and products
described in Line 71 above.
Yes
No
Musco Sports Lighting, LLC is offering technology
integration, retrofit solutions, software, design, project management, installation services, and maintenance related to the purchase of equipment and products described in
Line 71 above within our proposal.
*
Table 15: Industry Specific Questions
Line
Item Question Response *
73 Describe your process for evaluating on-field and offsite glare for your sports lighting products, both preinstallation and post-installation.On-field – Musco’s goal is to have no more than 500 candela at the home plate location while looking at the outfield poles. Similarly, our outfield positions will have no more than 500 candela while looking at the infield poles.
Off-site – Musco strives to achieve candela equal to or less than 7,500 candela at 150’ perimeter around the field. Candela is measured at 5’ above grade at 150’ perimeter.
*
74 Describe the average life span of your sports lighting system.
In 2005, Musco started our Musco Constant 25™ or Musco Constant 10™ Product Assurance & Warranty Programs (coverage depends on the lighting system and the original design criteria). Musco has several lighting systems that are over 35 years old that are still in operation today.
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
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75 Discuss your proposed product line
in terms of sustainability and
recycling.
Musco is committed to excellence and leadership in the protection of the environment, and the implementation of sustainable guidelines. The reduction of waste and emissions, to an absolute minimum, is our policy. We will minimize the emissions to air, water, and land through programs to reduce pollution prevention at its source and will conserve energy through the use of our energy efficient lighting systems. Musco will work closely with suppliers and licensees who are positioned to deliver outstanding value, and who share our vision of placing high priority on environmental, social and ethical issues when procuring products and services. In the process, we will achieve costs savings, enhanced energy efficiency, improved quality, and a healthy workplace for our team members.
To accomplish this program, the following guidelines are established:
Recycle
• Musco is committed to identifying and implementing pollution prevention opportunities by communicating sustainable practices, and encouraging involvement, to all team members.
• Musco utilizes a nationwide recycling program. During the spot maintenance and complete system relamping, all the lamps are recycled through a recycling service where both the mercury and glass are salvaged. Musco developed reusable packaging that is used to move its reflectors from original fabrication through the complete manufacturing process.
• Musco aims to reduce, reuse and recycle whenever possible from the production process to the customer. Musco’s on-site waste management includes recycling plant scrap, and wooden skids, along with paper and packaging materials. Packaging product utilized with Musco’s Light-Structure System™ contains between 30 to 50 percent recycled material, depending on the type of packaging.
• Electronic components that are not re-usable due to equipment failure, or are below minimum requirements, are recycled through an EWaste Facility, including: laptops, desktops, servers, network devices, computer screens, televisions, keyboard, computer mouse, and printers.
Conserve
• Musco reuses water during the manufacturing process and conserves water when applicable. We utilize geothermal heating and air conditioning, which minimizes electricity consumption. Our operations also have automatic toilets and faucets to maximize water usage. • Musco conserves energy and reduces light pollution through our permanent and temporary LED light sources that are 30 to 80 percent more energy efficient than traditional lighting equipment. • Musco’s Control-Link® system provides instant light automation, allowing customers to schedule our light systems that help maximize energy efficiency.
• Preventing pollution by eliminating or reducing the use of hazardous substances, and reducing greenhouse gas emissions, is a first priority. • Technologies or methods which utilize non-hazardous materials and source reduction approaches will be given top priority in addressing all environmental issues.
• Musco demonstrates corporate citizenship by following all federal, state, and international environmental regulations.
• We promote cooperation between industry, government and the public for the shared goal of pollution prevention at the source, as well as continuing sustainable practices throughout all of our operations worldwide.
• As part of our commitment towards social responsibility, we will create job opportunities and training for the local workforce. • Our team strives to create responsible sustainability standards that translate into generating a positive and lasting change in every community that we encounter.
In addition to the above, Musco’s LED fixtures are RoHS compliant.
RoHS is a European Union Directive on the restriction of the use of certain hazardous substances in electrical and electronic equipment.
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
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Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text.
Documents
Ensure your submission document(s) conforms to the following:
1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.
2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell.
3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.
4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." Pricing - Musco Sourcewell 041123 Pricing September 2022.pdf - Wednesday March 15, 2023 15:12:16 Financial Strength and Stability - Financial Strength and Stability.zip - Wednesday March 15, 2023 15:12:27 Marketing Plan/Samples - Marketing Plan Samples.zip - Wednesday March 15, 2023 15:12:40 WMBE/MBE/SBE or Related Certificates (optional)
Warranty Information - Warranty.zip - Wednesday March 15, 2023 15:13:04 Standard Transaction Document Samples - Document Samples.zip - Wednesday March 15, 2023 15:13:17 Upload Additional Document - Company and Product Information.zip - Wednesday March 15, 2023 15:13:42 Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50