2014-229ORDINANCE NO. 2014-229
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR,
AUTHORIZING, AND APPROVING THE PURCHASE OF A LIGHT-STRUCTURE GREEN
LIGHTING SYSTEM FOR SOCCER FIELDS LOCATED AT MACK PARK, WHICH ARE
AVAILABLE FROM ONLY ONE SOURCE AND 1N ACCORDANCE WITH CHAPTER
252.022 OF THE TEXA5 LOCAL GOVERNMENT CODE SUCH PURCHASES ARE
EXEMPT FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING
AN EFFECTIVE DATE (FILE 5503 AWARDED TO MUSCO SPORTS LIGHTING, LLC
(MUSCO) 1N THE AMOLJNT OF $147,131 OF WHICH $50,000 WILL BE FUNDED
THROUGH A 2014 FISCAL YEAR UNITED SOCCER FEDERATION FOUNDATION
GRANT AGREEMENT).
WHEREAS, Section 252.022 of the Local Government Code provides that procurement
of items that are only available from one source, including; items that are only available from
one source because of patents, copyrights, secret processes or natural monopolies; films,
manuscripts or books; electricity, gas, water and other utility purchases; captive replacement
parts or components for equipment; and library materials for a public library that are available
only from the persons holding exclusive distribution rights to the materials; and need not be
submitted to competitive bids; and
WHEREAS, the City Council wishes to procure one or more of the items mentioned in
the above paragraph; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following purchase of materials, equipment or supplies, as described
in the "File" listed hereon, and on file in the office of the Purchasing Agent, are hereby
approved:
FILE
NUMBER VENDOR AMOUNT
5503 Musco Sports Lighting, LLC $147,131
SECTION 2. The City Council hereby finds that this bid, and the award thereof,
constitutes a procurement of items that are available from only one source, including, items that
are only available from one source because of patents, copyrights, secret processes or natural
monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases;
captive replacement parts or components for equipment; and library materials for a public library
that are available only from the persons holding exclusive distribution rights to the materials; and
need not be submitted to competitive bids.
SECTION 3. The acceptance and approval of the above items shall not constitute a
contract between the City and the person submitting the quotation for such items until such
person shall comply with all requirements specified by the Purchasing Department.
SECTION 4. The City Manager is hereby authorized to execute any contracts relating to
the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby
authorized.
SECTION 5. The City Council of the City of Denton, Texas hereby expressly delegates
the authority to take any actions that may be required or permitted to be performed by the City of
Denton File 5503 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 6. This ordinance shall become effective immediately upon its passage and
_ _..
approval.
PASSED AND APPROVED this the ��� day of ��`�,����'�?� � s 2014,
WATTS,
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: � .A� ,� �,. ����
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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Date: April 9, 2014 Project Name: Mack Park Soccer Project #: 147356
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1. SELLER NAME AND ADDRESS: 2. BUYER NAME AND ADDRESS:
Musco Sports Lighting, LLC ("Musco") City of Denton (the "Buyer")
100 1S' Avenue West — PO Box 808 215 East McKinney Street
Oskaloosa, IA 52577 Denton, TX 76201
Attn: Howard Olson Attn: Jim Mays
Email: howard.olson@musco.com Email: jim.mays@cityofdenton.com
Telephone: 641-673-0411 Telephone: 940/349-7465
800-825-6020 Ext 4733 Fax:
Fax: 641-673-4852
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3. OWNER NAME AND ADDRESS: 4. SHIPPING NAME AND ADDRESS:
City of Denton Mack Park
215 East McKinney Street 2000 East McKinney St
Denton, TX 76201 Denton, TX 76209
Attn: Jim Mays Attn: Ricky Cooper
Email: jim.mays@cityofdenton.com Email: rcooper@nema3electric.com
Telephone: 940/349-7465 Telephone: 972/723-1180 �
Fax: Fax: 972/723-1181
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5. WARRANTY CONTACT: 6. FACILITY NAME AND ADDRESS:
City of Denton Mack Park
215 East McKinney Street 2000 East McKinney St
Denton, TX 76201 Denton, TX 76209
Attn: Jim Mays
Email: jim.mays@cityofdenton.com �
Telephone: 940/349-7465 �
Fax:
EQUIPMENT DESCRIPTION - Musco shall sell, transfer and deliver to Buyer, and Buyer will
purchase, accept and pay for the following goods (the "Equipment") in accordance with the "Total
Price" paragraph of this Agreement. Musco's lighting system consisting of:
Light-Structure GreenT"" Lighting System Equipment Details
• 4 pre-cast concrete bases
• 4— 70' galvanized steel poles
• 28 — 1500 watt metal halide factory-aimed and assembled luminaires
• 1 Control-Link� Control & Monitoring System Cabinet
• Electrical component enclosures
• Pole length wire harnesses
Built to the following specifications:
• Ballast Input Voltage:
• Phase to Pole: Phase
• Structural Integrity: Based upon IBC-C, 2009, 90 MPH Windspeed
8. RESPONSIBILITIES OF THE BUYER ANDIOR THIRD PARTY — Buyer/Third Party agrees to:
• Confirm supply voltage required for lighting system.
• Provide confirmation on pole locations.
• Provide electrical design and materials for electrical distribution system.
• Provide labor and equipment for installation of electrical distribution system.
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Date: April 9, 2014
Project Name: Mack Park Soccer Project #: 147356
MUSCO SERVICES - Musco agrees to provide design and layout for the lighting system. In
addition to the purchase and sale of the Equipment, Musco agrees to provide, itself or through its
subcontractors, the following (the "Services"):
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 "One Call" and irrigation systems and
sprinkler heads. Musco or Subcontractor will not be responsible for repairs to unmarked
utilities.
3. Locate and mark field reference points per Musco supplied layout.
4. Pay for extra costs associated with foundation excavation in non-standard soils (rock, caliche,
high water table, collapsing holes, etc.). Standard soils are defined as soils that can be
excavated using standard earth auguring equipment.
5. Owner responsible for any power company fees and requirements. (If necessary).
6. Provide area on site for disposal of spoils from foundation excavation.
Musco Responsibilities:
1. Provide required poles, fixtures, and foundations.
2. Provide layout of pole locations and aiming diagram.
3. Provide Project Management as required.
4. Provide stamped foundation designs based on 2500psi soils.
5. Provide Payment and Performance Bonding. ( If required, Not included in the quote)
6. Provide sealed Electrical Plans. (If required)
7. Remove spoils to owner designated location at jobsite, as stipulated in Attachment A.
Subcontractor Responsibilities:
1. Provide equipment and materials to off load equipment at jobsite per scheduled delivery.
2. Provide storage containers for material, (including ballast boxes), as necessary and waste
disposal.
3. Provide adequate security to protect Musco delivered products from theft, vandalism or
damage during the installation.
4. Obtain any required permitting.
5. Provide materials and equipment to install or upgrade electrical service panels as required
or necessary.
6. Provide materials and equipment to mount the Musco Supplied Surge Protection Device to
the distribution panel and terminate necessary wiring.
7. Provide dedicated breaker in distribution panel for surge protection device.
8. Provide materials and equipment to install all underground conduit, wiring, pull boxes etc.
and terminate wiring as required per electrical design.
9. Confirm the existing underground utilities and irrigation systems have been located and are
clearly marked so as to avoid damage from construction equipment. Repair any such
damage during construction.
10. Provide materials and equipment to install (4) LSS foundations as specified on Layout.
11. Provide materials and equipment to assemble (28) LSG fixtures and terminate all necessary
wiring.
12. Provide equipment and materials to assemble and erect (4) LSS Poles.
13. Provide equipment and materials to install (1) Lighting Contactor Cabinet and terminate all
necessary wiring.
14. Furnish and install new Switch gear, new Enclosure and new Pad for Enclosure
15. Demo existing Pad and Switch gear Enclosure
16. Re-connect existing Baseball to New Musco Control Link cabinet
17. New Service from Switch gear to XFMR
18. Re-connect existing restroom to new Low Voltage Panel
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Date: April 9, 2014 Project Name: Mack Park Soccer Project #: 147356
19. Provide step down transformer for 120v control circuit if not available
20. Contractor will commission Control Link by contacting Control Link Central at (877-347-
3319).
21. Check all Zones to make sure they work in both auto and manual mode.
22. 1 hour comprehensive burn of all lights on each zone.
23. Set base line for the DAS (Diagnostic Acquisition System)
24. Keep all heavy equipment off of playing fields when possible. Repair damage to grounds
which exceeds that which would be expected. Indentations caused by heavy equipment
traveling over dry ground would be an example of expected damage. Ruts and sod damage
caused by equipment traveling over wet grounds would be an example of damage requiring
repair.
25. Provide startup and aiming as required to provide complete and operating sports lighting
system.
26. Provide as built drawings on completion of installation.
10. CONSTANT 25T"" WARRANTY & MAINTENANCE PROGRAM (the "Warranty) – Musco shall
provide parts, labor and services as outlined in the Musco Constant 25 Warranty Agreement to
maintain operation of lighting equipment included in the Equipment for a period of up to 25 years on
the following terms:
• Warranty Service Begins: On the date of product shipment
• Expiration Date: 25 years from date of shipment, or once lamp usage is exceeded, whichever occurs
first
• Group relamps will take place at the end of the 5000-hour useful lamp life. If total usage hours are
exceeded, owner will need to purchase additional relamps to continue the warranty through 25 years.
• Monitoring, Maintenance & Control Services
• Light levels – shall be guaranteed for 25 years
• Energy Consumption: System Average 43.79; System Maximum 47.6
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Area of Lighting Number of Constant � Number of E ated Annual Maximum Hours
Luminaires Light Levels Group / 25 Year of Coverage for
Relamps Estimated Usage 25 years
Hours
Soccer 28 30fc 1 �� � -�� � �
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400 / 10 000 10,000
11. TOTAL PRICE - Buyer will pay for the above-described Equipment and services for the Total Price
of (plus applicable taxes), payable as follows.
Total contract price: $147,131.00
Less USSF grant: -$50,000.00
Total due to Musco from customer: $97,131.00 within 30 days from invoice date
Monthly progress invoicing and payments will apply.
Final payment shall not be withheld by Buyer on account of delays beyond the control of Musco.
Price includes delivery, unloading, and installation to the address indicated in item #4 of this
Agreement. Price does not include sales tax.
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 (1'h%) per month of any overdue unpaid balance, or the
maximum rate permitted by Texas Government Code 2251, whichever is less.
Source of Funds: Buyer agrees that Buyer's payment to Musco is not contingent upon Buyer
getting paid by the Owner/End User.
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Date: P,pril 9, 2014 Project Name: Mack Park Soccer Project #: 147356
Buyer may not hold back or set off any amounts owed to Musco in satisfaction of any claims
asserted by Buyer against Musco. No partial payment by Buyer shall constitute satisfaction of the
entire outstanding balance of any invoice of Musco, notwithstanding any notation or statement
accompanying that payment.
The Total Price was calculated utilizing parameters outlined in the project specifications. In the event
soil conditions vary from those relied upon, or if the soil cannot be readily excavated, Buyer shall be
responsible for Musco's additional associated costs, including but not limited to the cost of design,
alternate foundations, additional materials, and labor.
TAXES - The City of Denton is exempt from Federal Excise and State Sales Tax.
The City of Denton qualifies for sales tax exemption pursuant to the provisions of Article 20.04 (F) of
the Texas Limited Sales, Excise and Use Tax Act. Any Contractor performing work under this
contract for the City of Denton may purchase materials and supplies and rent or lease equipment
sales tax free. This is accomplished by issuing exemption certificates to suppliers. Certificates must
comply with State Comptroller's ruling #95-0.07 and #95-0.09.
� Non-Taxable (Copy of resale or exemption certificate must be attached.
Note: Just holding a sales tax permit does not, in and of itself,
qualify for a non-taxable sale.)
12. PAYMENTIPERFORMANCE BONDING — In accordance with Texas laws, Musco shall provide
both payment and performance bonds for this project. Bond formats are attached in Attachment B
of this contract.
Bonds required on this project? � Yes ❑ No
13. DELIVERY - Normal delivery to the shipping address indicated above is 4 to 6 weeks after submittal
approval or release of order, if later. If the Equipment is shipped in multiple lots, Musco shall
prepare a separate invoice for the price of the Equipment shipped at the time of each shipment.
Buyer shall pay the amount of each such invoice upon the same terms as set out in the "Total Price"
paragraph of this Agreement.
All deliveries shall be made by means of a common carrier or some other reasonable means chosen
by Musco. All risk of loss to Equipment sold shall pass to Buyer upon Musco's substantial
completion of the Services.
Delivery is subject to Buyer maintaining credit satisfactory to Musco. Musco may suspend or delay
performance or delivery at any time pending receipt of assurances, including full or partial
prepayment or payment of any outstanding amounts owed adequate to Musco in its discretion, of
Buyer's ability to pay. Failure to provide such assurances shall entitle Musco to cancel this contract
without further liability or obligation to Buyer.
14. RETAINAGEIWARRANTY - Buyer acknowledges payment in full is required within the agreed
terms. Warranty claims and back charges shall not be deducted from contract payments without
prior approval of Musco's Warranty Department (800-825-6020). Musco's Equipment and its
performance are sold subject to Musco's written warranty. Musco shall provide the City of Denton
with a warranty of 24 months, after installation of equipment.
Buyer acknowledges that any warranty and/or maintenance guarantee contained within
payment/performance bonds issued on Musco's behalf pursuant to this Agreement and the
corresponding liability on behalf of the issuing surety shall apply only to the first 24 months of any
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Date: April 9, 2014 Project Name: Mack Park Soccer Project #: 147356
warranty and/or maintenance obligation of Musco specified in the written Warranty to be delivered to
Buyer. The balance of any warranty and/or maintenance obligation greater than 24 months shall be
the sole responsibility of Musco and shall not be guaranteed by a third party.
15. EXCLUSION OF SPECIAL DAMAGES — Intentionally Deleted.
16. LIMITATIONS PERIOD — Unless othernrise specified in the Warranty to be delivered to Buyer, any
action or proceeding against Musco arising out of or relating to the Equipment or Services will be
forever barred unless commenced within the earlier of: (a) two (2) years after delivery of the
Equipment or if applicable, completion of the Services; or (b) the period prescribed by the
applicable statute of limitation or repose.
17. SECURITY AGREEMENT - In consideration of the promises contained herein, Buyer hereby grants
and conveys to Musco, to secure payment and performance of all obligations in full, a purchase
money security interest in the Equipment, including all repairs, replacements and accessions
thereto and proceeds thereof (collectively referred to as the "Secured Property"). Buyer hereby
irrevocably authorizes Musco at any time to register in any registration office in any province
(including personal property registries and if applicable, land titles or real property registries) any
initial financing statements, financing change statements, notices of security interest or other
documents relating to this security interest or this transaction. Buyer further agrees to promptly
furnish any information requested by Musco to effectuate the terms of this Agreement. Buyer
further agrees to execute any document reasonably required by Musco to perfect the security
interest granted herein and to assure the preservation, priority and enforcement of such security
interest. Buyer agrees that value has been given for this security interest and that the parties have
not agreed to postpone the time for attachment of the security interest.
18. Insurance — Musco shall meet the stated insurance requirements as stated within Attachment A.
19. DEFAULT - Each of the following shall constitute a default ("Default") under this Agreement: a)
failure to pay, in full, any payment when due hereunder; b) Buyer becomes the subject of a
bankruptcy, receivership or insolvency proceeding; c) any warranty, representation or statement
made or furnished to Musco by or on behalf of the Buyer proved to have been false in any material
respect when made or furnished; d) loss, theft, damage, destruction or encumbrance to, or of, the
Secured Property or the making of any levee, seizure or attachment thereof or thereon prior to
payment in full; or e) the occurrence or non-occurrence of any event or events which causes
Musco, in good faith, to deem itself insecure for any reason whatsoever.
20. REMEDIES UPON DEFAULT - In the event of Default, Musco may, at its option, and without notice
or demand: a) declare the entire unpaid balance owing hereunder due and payable at once; b)
proceed to recover judgment for the entire unpaid balance due; c) exercise all rights provided to
Musco under this Agreement, any applicable personal property security act (or similar legislation),
at law or in equity including but not limited to entering the Buyer's premises and taking possession
of the Secured Property. All the remedies described herein are cumulative, and may be exercised in
any order by Musco. Buyer agrees to pay all costs (including reasonable attorney's fees and court
costs) incurred by Musco in disposing of the Secured Property and collecting any amounts owing
hereunder, and such costs shall be part of the obligations secured hereunder.
21. FORCE MAJEURE - Musco shall not be liable for delays or failure to perform in respect of the
Equipment or the Services due, directly or indirectly, to (i) causes beyond Musco's reasonable
control, or (ii) acts of God or nature, acts (including failure to act) of any governmental authority,
wars (declared or undeclared), strikes or other labor disputes, fires, and natural calamities (such as
floods, earthquakes, storms, epidemics).
22. EEO COMPLIANCE — When applicable, Musco and Subcontractor shall comply with the EEO
Clause in Section 202 of Executive Order 11246, as amended, which is incorporated herein
by specific reference.
When applicable, Musco and Subcontractor shall abide by the requirements of 41 CFR 60-
741.5(a) and 41 CFR 60-300.5(a). These regulations prohibit discrimination against qualified
individuals on the basis of disability and against qualified protected veterans, and require
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Date: April 9 2014 Project Name: Mack Park Soccer Project #: 147356
affirmative action by covered prime contractors and subcontractors to employ and advance
in employment qualified individuals with disabilities and qualified protected veterans.
23. CONDITIONS OF AGREEMENT
a. APPLICABLE LAW - This Agreement shall be governed by the laws, including the Uniform
Commercial Code, adopted in the State of Texas as effective and in force on the date of this
Agreement.
b. EXPENSES/REMEDIES - Buyer shall pay to Musco the reasonable expenses, including court
costs, legal and administrative expenses and reasonable legal fees (on a solicitor and client
basis), paid or incurred by Musco in endeavoring to collect amounts due from Buyer to Musco. It
is further understood that if Buyer does not make a payment as due, Musco has the right to
forward appropriate notices or claims on jobs with owners, bonding companies, general
contractors, or the like, as deemed appropriate by Musco.
c. ENTIRE AGREEMENT - This Agreement, Attachment A, the written Warranty to be delivered to
Buyer, and any invoice issued by Musco pursuant to this Agreement (collectively the "Contract
Documents ) constitute the entire agreement between the parties and supersede all prior
statements of any kind made by the parties or their representatives. No representative or
employee of either party has any authority to bind party to any term, representation or warranty
other than those specifically included in the Contract Documents. This Agreement may not be
amended or supplemented except by written agreement executed by Musco and Buyer. To the
extent a conflict arises between or among the Contract Documents, the order of precedence of
interpretation of the Contract Documents shall be as set forth in Article 1.2(i) of Attachment A.
d. ACCEPTANCE - This Agreement is subject to the approval of Musco's Credit Department and
the written acceptance of this Order by Musco.
Please verify and complete the following information prior to signing:
Submittals required:
The project is:
Operational Date:
Earliest date you expect product on site
Latest date you expect product on site
CITY OF DENTON
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❑ No
� New Construction ❑ Existing
Acceptance
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Date: April 9, 2014 Prolect Name: Mack Park Soccer _ Project #: 147356
APPROVED AS TO FORM:
CITY ATTORNEY
CITY OF DENTON, TEXAS
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