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HomeMy WebLinkAboutMusco Sports Lighting' Southold Town Board - Letter Board Meeting of May 5, 2009 RESOLUTION 2009-366 ADOPTED Item # 5.25 DOC ID: 4984 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-366 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 5, 2009: RESOLVED that tlie Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. RUssell to execute the Manufacturer's Agreement between the Town of S0uthold and Museo Soorts Lighting. LLC r6garding the installation of Museo's Light Structure Green System and the reconfiguration of some existing Musco system lights at the- softball/baseball field on Peconic Lane, at a total cost of $39;000, subject t9 the approval of thc Town Attorney and the approval of the Planning Board for compliance with "dark ski~s"requirement. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANZHOUS] HOVER: Vincent Orlando, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Rulan¢, Orlando, Krupski Jr., Wickham, Evans, Russell Generated May 7, 2009 Page 31 ,ORIGINAL Musco Spods Lighting, LLC / 2107 Stewad Road / PO Box 260 / Muscatine, IA 52761/563-263-2281 / Toll Free: 800-756-1205 / FAX: 800-374-6402 Date: May 1, 2009 Project Name: Peconic Lane Park Phase 2 Project #: 141616 1. 2. CUSTOMER NAME AND ADDRESS: Southold Parks 970 Pecenic Lane / PO Box 267 Peconic, NY 11958 Attn: Jeff Standish Email: Jeff. Standish @town.southold.ny.us Telephone: 631/795-1283 Fax: 631/765-9015 SHIPPING NAME AND ADDRESS: Peconic Lane Park Peconic Lane Peconic, NY 11958 County: Suffolk [~>Attn: EC, Email: [g:>Telephone: [g) Fax: OWNER NAME AND ADDRESS: Southold Parks 970 Pecenic Lane / PO Box 267 Peconic, NY 11958 Attn: Jeff Standish Email: Jeff. Standish @ town.southold.ny, us Telephone: 631/795-1283 Fax: 631/765-9015 WARRANTY CONTACT: Southold Parks 970 Peconic Lane / PO Box 267 Peconic, NY 11958 Attn: Jeff Standish Emaih Jeff. Standish @town.southeld.ny.us Telephone: 631/795-1283 Fax: 631/765-9015 EQUIPMENT DESCRIPTION - Musce shall transfer and deliver to Customer, and Customer will accept and pay for the following goods (the "Equipment") in accordance with the "Total Price" paragraph of this Agreement. EDBallast Input Voltage: O~L{('-') I~Phase to Pole:,..~ Musco's Light-Structure GreenTM system consisting of (6) 1500 watt metal halide fixtures; (2) galvanized steel poles; (2) pre-stressed concrete bases; and a Lighting Contactor Cabinets Price includes delivery to the site, unloading, and installation. WARRANTY - 10-Year warranty including ten years parts, two years labor. Lamps are warranted for two years, with the first year including lamps and labor. Also includes 1 group re-lamp for these 6 fixtures. SCOPE OF WORK - The work to be performed by Musco or its subcontractor is as shown on last page of agreement. TOTAL PRICE - Customer will pay for the above-described Equipment the Total Price of U.S. $39,000.00. FOB the shipping address above, payable as follows: Amount due: $39,000.00 within 30 days from invoice date · Monthly progress invoicing and payments will apply. · Final payment, shall be due upon substantial completion of installation of the Equipment. · Final payment shall not be withheld by Customer on account of delays beyond the control of Musco. If any payment is not made when due, Customer will pay a delinquent charge of 1-1/2% for each month, or a portion of month that a past due balance remains unpaid. © 1999, 2007 Musco Sports Lighting, LLC 1 Revision 26 - Issued 10.15.07 Musco Sports Lighting, LLC / 2107 Stewart Road / PO Box 260 / Muscatine, IA 52761 / 563-263-2281 / Toll Free: 8C0-756-1205 / FAX: 800-374-6402 Date: May 1,2009 Project Name: Peconic Lane Park Phase 2 Project #: 141616 9. I~DPAYMENT PROCESSING CONFIRMATION: 10. 11. 12. 13. Customer Needs Invoice by Submit Invoice to Payment Approval Date Check Run Date 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. Customer shall pay the amount of each such invoice upon the same terms as set out in the "Total Price" paragraph of this Agreement. WARRANTY - Warranty claims and back charges shall not be deducted from contract payments without prior approval of Musco's Warranty Department (800-825-6020). Musco's Equipment and its performance are sold subject to Musco's written warranty, a copy of which will be provided with Musco's acceptance of this Agreement. The warranty provided by Musco shall be in lieu of all other warranties, and Musco disclaims any other warranty whatsoever, express or implied, including, but not limited to, the implied warranty of memhantability. SECURITY AGREEMENT - In consideration of the promises contained herein, Customer hereby grants and conveys to Seller, to secure payment and performance of all obligations in full, a security interest in the Equipment, including all repairs, replacements and accessions thereto (collectively referred to as the "Secured Property"). Customer hereby irrevocably authorizes Seller at any time to file in any filing office in any Uniform Commercial Code jurisdiction any initial financing statements and amendments thereto relating to this transaction. Customer further agrees to promptly furnish any information requested by Seller to effectuate the terms of this Agreement. Customer further agrees to execute any document reasonably required by Seller to perfect the security interest granted herein and to assure the priority of such security interest. Customer shall maintain adequate insurance covering the Equipment in accordance with generally accepted business practices. Customer shall name Seller as loss payee until such time as Customer has performed in full all obligations contained herein. 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) Customer becomes the subject of a bankruptcy, receivership or insolvency proceeding; c) any warranty, representation or statement made or furnished to the seller by or on behalf of the Customer proved to have been false in any material respect when made or furnished; d) loss, theft, damage, destruction or encumbrance to, or of, the Secured Property or the making of any levee, seizure or attachment thereof or thereon; or e) the occurrence or non- occurrence of any event or events which causes the seller, in good faith, to deem itself insecure for any reason whatsoever. © 1999, 2007 Musco Sports Lighting, LLC 2 Revision 26 - Issued 10.15.07 Manufacturer's Agreement Date: May 1, 2009 Projec{ Name: Peconic Lane Park Phase 2 · Project #: 14164 6 14. REMEDIES UpON DEFAULT - In the event of Default, Seller may~ at itt 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} exemise' all fights 'provided to Selle.r under this Agreement, the'Uniform Commercial Code, st law or in equity including but not limited to entering the Customer's premises and 'taking possession of the Secured Proparty.'AII the remedies deSCribed herein are cumulative, and may be exercised in any order by Seller. Customer agrees to pay all costs (including reasonable attorney's fees and.cou~t costS) incurred by Seller in disposing of the Secured prepa~'y and collecting any amounts owing hereunder, and S~Jch costs shall be part of the obligations secured hereunder. 15. CONDITIONS OF AGREEMENT a. APPLICABLE LAW - This Agreement shall be govemed by the laws, including the Uniform Commercial Code, adopted in the State of Iowa as effective and in for~e on the date of this Agreement. b- EXPENSESIREMEDIES -Customer shall pay to Musco the reasonable expanses, including court costt, legal and administteth~e expenses and reasonable attorney's fees, paid or incurred by Musco in endeavoring to collect amounts due from Customer to MuseD. It is further unde~steod that if Customer does not make a payment as due, Musco has the right to forward appropriate notices or claims on jobs with owners, bonding companies, 9ene~l contracters, ~3r the like, as deemed appropriate by Muscu. c. ENTIRE AGREEMENT - This is the complete statement of the terms of this Agreement No representative or employee of Musc~ has any authority to bind MUsco to any term, representation or warranty other than those spec'rfically included in this written Agreement or the written Wateanty to be delivered to Customer. d, ACCEPTANCE - This Agreement is su~ect to the approval Of Musco's Credit Depa~ment and the written acceptance of this Order by MUSco Sports Lighting, LLC. {.i~Deslred Shipping Date(s): - 5DProjected Completion Date: EDCustomer Reference Information Needed on Invoicing/Packages: _ SOUTHOLDPARKS [~:>Acceptance Name and TiIte ~ U~,~6'~ MUSCO SPORTS LIGHTING, LLC Acceptance this d ~ 'day of ~*'/'~ ; 20 ~--~ Sig~Tature 1999, 2007 Mused Sport~ Ligflt;ng, LLC 3 Revision ;/6 - Issued 10.15.07 Manufacturer's Agreement Date: May 1, 2009 Project 'Name: Peconic Lane Park Phase 2 Project #: 141616 Scope of Work Owner Responsibilities: 1. Complete access to the site for construction utilizing 2 wheel drive rubber tired equipment. 2. Locate existing underground utilities and irrigation systems and mark all pole locations, home plates and field boundary lines. 3. Extra costs associated with foundation excavation in non-standard Soils (rock, caliche, high water table, collapsing holes, etc.). Standardsoils are defined as soils that can be excavated usin§ standard earth augunng equipment. 4. Electrical design & installation. 5. Provide equipment and materials to install the. new Lighting Contac[ors, conduit and terminate all necessary wiring. 6~ Provide any necessary permitting. Musco Responsibilities: 1, Provide required poles, fixtures, and foundations. 2, Provide layout of pole locations and a~ming diagram, 3, Provide Project Management assistance as need. Musco SUbcontractor Responsibilities: 1. Provide equipment and materials to off load equip~nent al jobsite per sche{:luled delivery. 2, Provide storage containem for equipment as needed and disposal of all packing Cardboard and debris. 3. Provide adequate security, to protect Musco delivered products from theft, vandalism or damage during the installation. 4. Conf'u-m the existing underground utilities and'irrigation systems'have been Iocatedand are clearly marked so as to avoid damage from construction equipment. Repair any such damage during construction. 5. Provide materials and equipment to install (2) LSS foundations as specified on Layout. 6. Provide and install ground rods (one per pole location) for lightning protection per NFPA 780 Code an¢ lOCal building codes. Poles 75'or shorter should use a ~2 copper conductor to the ground.md. Poles taller than 75' should use a #2/0 copper conductor. For standard clay soil, the ground rod must not be less than 5/8"x 8' long, driven verti~311y into the soil until point is 10' below grade. Gmun¢ rods must be installed in soil, not in the concrete backfill. Exothermic fusion welding is preferred to clamping to join ground Wire and rod. Refer to the latest edition of MFPA 780 for additional information. 7. Remove spoils to owner designated location at jobsite. 8. Provide materials and equipment to assemble (6) LSG fixtures. 9. Provide equipment and materials to assemble and erect (2) LSS Poles 10. Keep all heavy equipment off of playing fields when possible. Repai~; damage t(~ grounds which exceeds that which would be expected. Indentations caused ~)y 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. 11. Provide startup and aiming as required to provide complete and operating sports lighting system. © 1999. 2007 Musc0 Sports Lighting, LLC 4 Revision 29 - Issued 10.15.07 May 1, 2009 MA'Y - 4 2009 Southoid Parks 970 Peconic Lane PO Box 267 Peconic. NY 11958 Attention: Jeff Standish Reference: Peconic Lane Park Phase 2 - #141616 Manufacturer's Agreement Dear Mr. Standish: Thank you for selecting Musco for your lighting needs. I am forwarding the following document package per the request of Don Rhuda for your rewew and signature. This is the information upon which we will proceed in order to meet your expectations. Manufacturer's Agreement - This document outlines the details of the proposed agreement. The signing of. the Manufacturer's Agreement will be considered as your approval of the information contained in the abgve documents. 'In addition, please complete any areas indicated with an' a,.rrow (~) for information vet to be identified. To speed the process, please fax the agreement to, 800/374-1~402 at ~;0ur earliest convenience. ' rf you have any questions, I can be reached at 800/756~1205, or Don Rhuda at 845/628-4577. for your assistance in advance Sincerely, Thank you Margaret Varela Sales Coordinator