Loading...
R25-033 1 RESOLUTION NO. R25-033 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AWARDING INVITATION TO BID NO. REC25-013B 5 FOR GALAXY PARK FIELD LIGHTING PROJECT TO DAVCO ELECTRICAL 6 CONTRACTORS CORPORATION; APPROVING AGREEMENT BETWEEN 7 THE CITY AND THE AWARDED VENDOR; AND FOR ALL OTHER 8 PURPOSES. 9 10 WHEREAS, on November 25, 2024, the Purchasing Division announced Invitation to Bid 11 No. Rec-013BR ("ITB") for the Galaxy Park Field Lighting Project ("Project"); and 12 WHEREAS, the Project is a federally funded initiative, supported through the Community 13 Development Block Grant program, which sought qualified contractors to design and install a 14 state-of-the-art sports lighting system for the main baseball field; and 15 WHEREAS, Galaxy Park serves as a central hub for community leisure, entertainment, and in athletic activities; and WHEREAS, the Project encompasses a comprehensive LED lighting system that will meet 18 professional standards for nighttime baseball activities while prioritizing energy efficiency to 19 deliver uniform illumination across the playing surface, with enhanced lighting capabilities for 20 critical field areas, including instant-on functionality and adjustable dimming controls to enhance 21 the facility's usability; and 22 WHEREAS, the comprehensive improvements to Galaxy Park's field lighting system 23 represents a significant enhancement to this vital community resource by substantially expanding 24 usability, enabling extended evening activities, and improving the overall park experience for both 25 residents and visitors; and 26 WHEREAS, the competitive bidding process for the Project concluded on December 19, 27 2024, with the receipt of two (2) bid submissions; and 2s WHEREAS, upon review and evaluation of the two submitted bids, and in compliance with 29 2 CFR Part 200 200.321 requirements for small, minority, women-owned businesses, Davco 30 Electrical Corporation ("Vendor") emerged as the lowest responsive and responsible bidder, with 31 a base bid amount of $515,892.88; and 32 WHEREAS, to account for any unforeseen conditions that may arise during the execution 33 of the Project, a 10% contingency amount of $51,589.29 has been incorporated into the Project 34 budget, bringing the total potential Project allocation to $567,482.17; and 35 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 36 best interests of the City's citizens and residents to award Invitation to Bid No. REC25-013B for 37 the installation of field lighting at Galaxy Park main field to Davco Electrical Contractors 38 Corporation, and approve the proposed Agreement between the City and the awarded Vendor. 39 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 40 BEACH, FLORIDA, THAT: 41 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 42 being true and correct and are hereby made a specific part of this Resolution upon adoption. 43 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 44 award Invitation to Bid No. REC25-013B for the installation of field lighting at Galaxy Park main 45 field to Davco Electrical Contractors Corporation. 46 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby 47 approve the Agreement between Davco Electrical Contractors Corporation and the City for 48 Invitation to Bid No. REC25-013B for installation of field lighting at Galaxy Park main field, in form 49 and substance similar to that attached as Exhibit A. 50 SECTION 4. The City Commission of the City of Boynton Beach, Florida, hereby 51 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 52 ancillary documents required under the Agreement or necessary to accomplish the purposes of 53 the Agreement and this Resolution. 54 SECTION 5. The City Clerk shall retain the fully executed Agreement as a public record 55 of the City. A copy of the fully executed Agreement shall be provided to Gail Mootz to forward to 56 the Vendor. 57 SECTION 6. This Resolution shall take effect in accordance with law. 58 59 [SIGNATURES ON THE FOLLOWING PAGE] 11 60 PASSED AND ADOPTED this ` day of February 2025. 61 CITY OF BOYNTON BEACH, FLORIDA 62 YES NO 63 Mayor-Ty Penserga ✓ 64 65 Vice Mayor-Aimee Kelley 6 . 66 67 Commissioner-Angela Cruz 68 69 Commissioner-Woodrow L. Hay f 70 71 Commissioner-Thomas Turkin 72 73 VOTE --tp 74 AES 75 76 . IV tf / li •.- 77 Maylee 'Pe J s, MPA, C Ty - a 78 City Cler May. 79 80 - ```,� APPROVED AS TO FORM: 81 (Corporate Seal) =�g0Y NTpN�% 82 0�.WORAV% F 11 • '9 1 83 8 SEAL •_'*; Azdna • oeari 84 i ; INCORPORATED '' • 1920 : Shawna G. Lamb 85 1 •• • 1 • : ; City Attorney i% ". PL0R\O y GALAXY PARK FIELD LIGHTING PROJECT FEDERAL GRANT FUNDED PROJECT- (CDBG) AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND DAVCO ELECTRICAL CONTRACTORS CORP. THIS AGREEMENT is entered into by and between the CITY OF BOYNTON BEACH, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Ave., Boynton Beach, FL 33435, hereinafter referred to as"CITY", and DAVCO ELECTRICAL CONT-RACTORS CORP. a Florida Profit Corporation, with a business address of 4885 Park Ridge Blvd., Boynton Beach, Florida 33426 hereinafter referred to as the "CONTRACTOR," each a "Party" and collectively the "Parties." WHEREAS, the City of Boynton Beach requires a new lighting system for Galaxy Park; and, WHEREAS, the City of Boynton Beach received a partial CDBG Federal Grant for the installation of a new LED lighting system for Galaxy Park; and, WHEREAS, on November 24, 2024, the Purchasing Division issued Invitation to Bid (ITB) No. REC25-013BR for the Galaxy Park Field Lighting Project; and, WHEREAS, on December 19, 2024, the CITY received two bid submissions for this project; and, WHEREAS, the Purchasing Division reviewed the submissions and determined that DAVCO ELECTRICAL CONTRACTORS CORP (CONTRACTOR) was the lowest responsible and responsive bid submission for the project. WHEREAS, the CITY has selected the CONTRACTOR to perform construction services related to the Re-Bid of Galaxy Park Field Lighting Project - CDBG Federal Grant Funded; and, WHEREAS, at its meeting of February 4, 2025, by Resolution No. Rq)5-033 the CITY Commission approved this award to DAVCO ELECTRICAL CONTRACTOR CORP. and authorized the proper CITY officials to execute this Agreement hereinafter referred to as Contract No.: REC25-013BR and used interchangeably with "contract". NOW, THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. SCOPE OF WORK. CONTRACTOR shall furnish all labor, materials, equipment, services and incidents necessary to perform all "WORK" described in the Contract Documents (as defined in Article 7 below) and related thereto for the Project. Article 2. CITY or OWNER. Shall mean the City of Boynton Beach, which has designed the Project Manager and will assume all duties and responsibilities and will have the rights and authority assigned to CONTRACTOR in connection with the completion of the WORK in accordance with the Contract Documents. Article 3. CONTRACT TIME; TERMINATION; LIQUIDATED DAMAGES. 3.1 Contract Time. The WORK will be substantially completed within One Hundred and Twenty (120) calendar days from the Notice to Proceed, when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions and be completed and ready for final payment in accordance . _.i,s ,.j (1'iF% with paragraph 14.9 of the General Conditions within Thirty (30) calendar days from the date of Substantial Completion. 3.2 Termination for Convenience. This Agreement may be terminated by CITY for convenience, upon providing fourteen (14) business days of written notice to CONTRACTOR for such termination. In the event of termination, CONTRACTOR shall be paid its compensation for services performed until the termination date, including services reasonably related to termination. In the event that CONTRACTOR abandons this Agreement or causes it to be terminated, CONTRACTOR shall indemnify CITY against loss pertaining to this termination. 3.3 Termination for Cause. In addition to all other remedies available to CITY, this Agreement shall be subject to cancellation by CITY for cause, should CONTRACTOR neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty(30) days after receipt by CONTRACTOR of written notice of such neglect or failure. 3.4 Liquidated Damages. The CITY and CONTRACTOR recognize and acknowledge that time is of the essence of this Contract and that the CITY will suffer financial loss if the WORK is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Each of the parties acknowledges that it has attempted to quantify the damages which would be suffered by the CITY in the event of the failure of CONTRACTOR to perform in a timely manner, but neither one has been capable of ascertaining such damages with certainty. CITY and CONTRACTOR also recognize and acknowledge the delays, expense, and difficulties involved in proving in a legal preceding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the CITY, Two Hundred Fifty Dollars ($250.00) for each day that expires after the time specified in paragraph 3.1 for substantial completion until the WORK is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining WORK within the Contract Time or any proper extension thereof granted by the CITY, CONTRACTOR shall pay CITY One Hundred Dollars [$100.00] for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. CITY shall pay CONTRACTOR,for the faithful performance of the Contract, in lawful money of the United States of America, and subject to the additions and deductions as provided in the Contract Documents, a total sum as follows: Based on the Contract prices shown in the Bid Form submitted to the CITY as subsequently revised and as stated herein, a copy of such Bid Form being a part of the Contract Documents, the aggregate amount of this Contract (obtained from either the lump sum price, the application of unit prices to the quantities shown in the Bid Form or the combination of both) not to exceed: Five Hundred Fifteen Thousand, Eight Hundred Ninety-Two Dollars and 88 Cents ($515,892.88). Contingency Funds - ALL CONTINGENCY SUMS ARE CITY'S CONTINGENCY AND REMAIN THE CITY'S PROPERTY UNTIL EXPENSE IS APPROVED. The contract price shall not include any contingency amounts. If the Contract or schedule of bid prices includes an agreed sum as a contingency, such amount is identified solely for budget purposes and remains the City's funds. City may approve the use of contingency funds only for the purpose of defraying the expenses due to unforeseen conditions, extra work, and circumstances relating to construction, unless otherwise agreed. Such contingency funds are not for use by the Contractor to cover shortfalls in the Contractor's bid amount and not for use by the City to increase the scope of work. I o Contractor shall obtain prior written approval from City prior to the expenditure of contingency funds, and Contractor will be required to furnish documentation evidencing expenditures charged to contingency and/or allowances prior to the release of such funds by City. All uncommitted contingency funds remain the funds of City. Contingency. City and Contractor agree the Project budget shall include City's contingency, which shall be utilized as outlined above. The Contingency shall be ten percent or$51,589.29 to account for any unforeseen conditions only approved by the City Manager. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. CITY will process Applications for Payment as provided in the General Conditions. Progress Payments. CONTRACTOR may submit an Application for Payment as recommended by CONTRACTOR, for WORK completed during the Project at intervals of not more than once a month. All progress payments will be on the basis of the progress of WORK measured by the schedule of values established in Paragraph 2.9.1 of the General Conditions and in the case of Unit Price Work based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. Prior to Substantial Completion progress payments will be made in an amount equal to 90%of WORK completed, but, in each case, less the aggregate of payments previously made and less such amounts as CONTRACTOR shall determine, or CITY may withhold, in accordance with paragraph 14.5 of the General Conditions. CONTRACTOR shall submit with each Application for Payment, an updated progress schedule acceptable to the CITY and a Warranty of Title/Release of Liens relative to the Work that is the subject of the Application. Each Application for Payment shall be submitted to the CITYfor approval. The CITY shall make payment to the Contractor within thirty (30) calendar days after approval by the CITY of CONTRACTOR'S Application for Payment and submission of an acceptable updated progress schedule. Five percent (5) of all monies earned by the Contractor shall be retained by the CITY until Final Completion of the construction services purchased (defined as that point at which one hundred (100) percent of the construction of the work as defined in the Contract Schedule of Values has been performed under the contract by the Contractor) has been reached and acceptance by CITY. The CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: Defective Work not remedied. Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR. Failure of CONTRACTORS to make payments properly to SUBCONTRACTORS or for material or labor. Damage to another CONTRACTOR not remedied. Liquidated damages and costs incurred by the CITY for extended construction administration. Failure of CONTRACTOR to provide any document(s) required by the Contract Documents. When the above grounds are removed or resolved or CONTRACTOR provides a surety bond or consent of Surety, satisfactory to the CITY, which will protect the CITY in the amount withheld, payment may be made in whole or in part. Final Payment. Upon final completion and acceptance of the WORK in accordance with paragraph 14.10 of the General Conditions, CITY shall pay the remainder of the Contract Price as recommended by CONTRACTOR as provided in paragraph 14.10. All payments shall be governed by the Local Government Prompt Payment Act, as set forth in Part VII, Chapter 218, Florida Statutes. Article 6. RETAINAGE, Within 30 calendar days after reaching the earlier of substantial completion or beneficial occupancy, the City/Owner and the CONTRACTOR will inspect the work and develop a punch list covering those items required to render complete, satisfactory, and acceptable construction services purchased by the City/Owner. The punch list will include a schedule of values that provides the estimated cost to complete each item on the punch list. If the City/Owner and CONTRACTOR are unable to agree on an item or value, the City/Owner has final discretion whether to include an item and the amount for valuation of the cost to complete each item on the punch list.Within 20 business days after the creation of the punch list, the remaining contract balance, including retainage, will be paid to the CONTRACTOR less an amount equal to 150 percent of the cost to complete the items on the punch list. Upon reaching final acceptance for an item or all items, the 150 percent withheld for each item will be released with final payment. For projects valued at $10 million or more, the 30-calendar day period may be extended to 45 calendar days. Article 7. CONTRACTOR GUARANTEE. CONTRACTOR warrants all work, materials, and equipment shall be free from damages and/or defects owing to faulty materials or workmanship for a period of one (1) year after completion of the WORK covered by this Contract. The CONTRACTOR, free of all costs to the CITY, shall replace any part of the equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materials, damages, and/or workmanship within twelve (12) month period. Article 8. CONTRACT DOCUMENTS. The Documents hereinafter listed shall form the Contract and they are as fully a part of the Contract as if attached hereto: Request for Bid Instructions to Bidders/Bidders Proposal Forms (including the Proposal, Schedule(s), Submission Requirements of Bidder / Bidder, and all required certificates, affidavits, and other documentation) Contract CONTRACTOR'S Bid Bond, Performance, and Payment Bond General Conditions for Construction Special Terms and Conditions City Construction Standards and Details (available online at: https://www.boynton- beach.orq/enqineerinq/new-construction-department-public-works-engineering-division ) Attachment "A" —Lighting Specifications Attachment"B" —Lighting Designs Attachment "C" —Bill of Materials Attachment "D" — Structural Information Attachment "E" —Product Information Attachment "F" —Schedule of Bid Items Article 9. NOTICE. All notices required in this Contract shall be sent by certified mail, return receipt requested, and if sent to CITY shall be mailed to: Daniel Dugger, City Manager City of Boynton Beach 100 East Ocean Ave, Boynton Beach, FL 33435 Telephone No. (561) 742-6000 And if sent to the CONTRACTOR shall be mailed to: Davco Electrical Contractors Corp. 4485 Park Ridge Blvd Boynton Beach, Florida 33426 561-732-3434 561-732-3414 - FAX FEIN #: 59-2524138 Article 10. INDEMNITY. The CONTRACTOR shall indemnify and hold harmless the CITY and its officers, employees, agents, instrumentalities, and the State of Florida, Division of Emergency Management from liability, losses or damages, including attorneys' fees and costs of defense through the conclusion of any appeals, which the CITY or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of or resulting from the negligence, recklessness, or intentional wrongful misconduct of CONTRACTOR, its employees, agents, partners, principals or subcontractors during the term of this Agreement or resulting thereafter. The CONTRACTOR shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the CITY, where applicable, including appellate proceedings, and shall pay all costs, judgments. and attorneys' fees which may issue thereon. The CONTRACTOR expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the CONTRACTOR shall in no way limit the responsibility to indemnify, keep and save harmless and defend the CITY or its officers, employees, agents and instrumentalities as herein provided. CONTRACTOR's aggregate liability pursuant to this indemnification provision shall not exceed one and one-half(1 1/2)times the contract price or One Million Dollars ($1,000,000)per occurrence,whichever is greater. Upon completion of all services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. CITY reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of CONTRACTOR. Nothing contained herein is intended nor shall be construed as a contractual waiver of the CITY's rights, limits, and immunities under the common law or Section 768.28, Florida Statutes, as may be amended from time to time, nor a waiver of any defense the CITY may have and shall not be construed as consent to be sued by third parties based on any claims arising under this Contract. CONTRACTOR and CITY agree that any liability of the CITY under this Contract shall be limited to the amounts set forth in Sec. 728.68, Florida Statutes. Article 11. REIMBURSEMENT OF CONTRACTOR EXPENSES. Should the completion of this Contract be delayed beyond the specified or adjusted time limit, CONTRACTOR shall reimburse the CITY for all expenses of consulting and inspection incurred by the CITY during the period between said specified or adjusted time and the actual date of final completion. All such expenses for consulting and inspection incurred by the CITY will be charged to I . the CONTRACTOR and be deducted from payments due CONTRACTOR as provided by this Contract. Said expenses shall be further defined as CONTRACTOR charges associated with the construction contract administration, including resident project representative costs. Article 12. FLORIDA'S PUBLIC RECORDS LAW. The CITY is a public agency subject to Chapter 119, Florida Statutes. The CONTRACTOR shall comply with Florida's Public Records Law. Specifically, the CONTRACTOR shall: Keep and maintain public records required by the CITY to perform the service; Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statue or as otherwise provided by law; Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, CONTRACTOR shall destroy all copies of such confidential and exempt records remaining in its possession once the CONTRACTOR transfers the records in its possession to the CITY; and, Upon completion of the contract, CONTRACTOR shall transfer to the CITY, at no cost to the CITY, all public records in CONTRACTOR'S possession. All records stored electronically by CONTRACTOR must be provided to the CITY. upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE: CUSTODIAN OF PUBLIC RECORDS CITY CLERK'S OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA 33435 561-742-606 CityClerk(a)bbfl.UE Article 13. E-VERIFY. 13.1 CONTRACTOR certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statutes, as may be amended from time to time and briefly described herein below. 13.1.1 Definitions for this Section: "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for a salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for a salary, wages, or other remuneration. "E-Verify system" means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E-Verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E- Verify System to verify the employment eligibility of: All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E-Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one(1)year after the date of termination. Article 14. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING -- F.S. 287.05701. CONTRACTOR is hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the CITY will not request documentation of or consider CONTRACTOR's social, political, or ideological interests when determining if the CONTRACTOR is a responsible CONTRACTOR. CONTRACTOR is further notified that the CITY's governing body may not give preference to a Vendor based on the CONTRACTOR's social, political, or ideological interests. Article 15. SCRUTINIZED COMPANIES. By execution of this Agreement, CONTRACTOR certifies that CONTRACTOR is not participating in a boycott of Israel. CONTRACTOR further certifies that CONTRACTOR is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has CONTRACTOR been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the CITY will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The CITY shall provide notice, in writing, to the CONTRACTOR of the CITY's determination concerning the false certification. CONTRACTOR shall have five (5) calendar days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the CONTRACTOR shall have ninety (90) calendar days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the CONTRACTOR does not demonstrate that the CITY's determination of false certification was made in error then the CITY shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. IIMI Article 16. COVENANT AGAINST CONTINGENT FEES. The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement, and that CONTRACTOR has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONTRACTOR any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Article 17. MISCELLANEOUS. 17.1 Any and all legal action necessary to enforce the terms of this Agreement shall be governed by the laws of the State of Florida. Any legal action arising from the terms of this Agreement shall be submitted to a court of competent jurisdiction located exclusively in Palm Beach County. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent(except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. City and CONTRACTOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. In the event that either party brings suit for enforcement of this Agreement, each party shall bear its own attorney's fees and court costs, except as otherwise provided under the indemnification provisions set forth herein above. Prior to final payment of the amount due under the terms of this Agreement, to the extent permitted by law, a final waiver of lien shall be required to be submitted by the CONTRACTOR, as well as all suppliers and subcontractors whom worked on the project that is the subject of this Agreement. Payment of the invoice and acceptance of such payment by CONTRACTOR shall release City from all claims of liability by CONTRACTOR in connection with this Agreement. At all times during the performance of this Agreement, CONTRACTOR shall protect CITY's property from all damage whatsoever on account of the work being carried on under this Agreement. It shall be the CONTRACTOR'S responsibility to be aware of and comply with all statutes, ordinances, rules, orders, regulations and requirements of all local, city, state, and federal agencies as applicable. This Agreement represents the entire and integrated agreement between City and CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement is intended by the parties hereto to be final expression of this Agreement, and it constitutes the full and entire understanding between the parties with respect to the subject hereof, notwithstanding any representations, statements, or agreements to the contrary heretofore made. In the event of a conflict between this Agreement, the solicitation and the CONTRACTOR'S bid proposal, this Agreement shall govern then the solicitation, and then the bid proposal. This Agreement will take effect once signed by both parties. This Agreement may be executed by hand or electronically in multiple originals or counterparts, each of which shall be deemed to be an original and together shall constitute one and the same agreement. Execution and delivery of this Agreement by the MIN Parties shall be legally binding, valid and effective upon delivery of the executed documents to the other party through facsimile transmission, email, or other electronic delivery. Article 18. DEFAULT OF CONTRACT & REMEDIES. 18.1 Correction of Work. If, in the judgment of CITY, work provided by CONTRACTOR does not conform to the requirements of this Agreement, or if the work exhibits poor workmanship, CITY reserves the right to require that CONTRACTOR correct all deficiencies in the work to bring the work into conformance without additional cost to CITY, and/or replace any personnel who fail to perform in accordance with the requirements of this Agreement. CITY shall be the sole judge of non-conformance and the quality of workmanship. 18.2 Default of Contract. The occurrence of any one or more of the following events shall constitute a default and breach of this Agreement by CONTRACTOR: 18.2.1 The abandonment of the project by CONTRACTOR for a period of more than seven (7) business days. 18.2.2 The abandonment, unnecessary delay, refusal of, or failure to comply with any of the terms of this Agreement or neglect, or refusal to comply with the instructions of the CITY's designee. 18.2.3 The failure by CONTRACTOR to observe or perform any of the terms, covenants, or conditions of this Agreement to be observed or performed by CONTRACTOR, where such failure shall continue for a period of seven (7)calendar days after written notice thereof by CITY to CONTRACTOR; provided, however, that if the nature of CONTRACTOR'S default is such that more than seven (7)calendar days are reasonably required for its cure, then CONTRACTOR shall not be deemed to be in default if CONTRACTOR commences such cure within said seven (7) calendar day period and thereafter diligently prosecutes such cure to completion. 18.2.4 The assignment and/or transfer of this Agreement or execution or attachment thereon by CONTRACTOR or any other party in a manner not expressly permitted hereunder. 18.2.5 The making by CONTRACTOR of any general assignment or general arrangement for the benefit of creditors, or the filing by or against CONTRACTOR of a petition to have CONTRACTOR adjudged a bankruptcy, or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against CONTRACTOR, the same is dismissed within sixty (60) days); or the appointment of a trustee or a receiver to take possession of substantially all of CONTRACTOR 'S assets, or for CONTRACTOR 'S interest in this Agreement, where possession is not restored to CONTRACTOR within thirty (30) days; for attachment, execution or other judicial seizure of substantially all of CONTRACTOR 'S assets, or for CONTRACTOR 'S interest in this Agreement, where such seizure is not discharged within thirty (30) days. 18.3 Remedies in Default. In case of default by CONTRACTOR, CITY shall notify CONTRACTOR, in writing, of such abandonment,delay, refusal,failure, neglect, or default and direct CONTRACTOR to comply with all provisions of the Agreement. A copy of such written notice shall be mailed to the Surety on the Performance Bond. If the abandonment, delay, refusal, failure, neglect or default is not cured within seven (7) days of when notice was sent by CITY, CITY may declare a default of the Agreement and notify CONTRACTOR of such declaration of default and terminate the Agreement. The Surety on the Performance Bond shall within ten (10) days of such declaration of default, rectify or cause to be rectified any mismanagement or breach of service in the Agreement and assume the work of CONTRACTOR and proceed to perform services under the Agreement, at its own cost and expense. 18.3.1 Upon such declaration of default, all payments remaining due CONTRACTOR at the time of default, 1 less all sums due CITY for damages suffered, or expenses incurred by reason of default, shall be due and payable to Surety. Thereafter the Surety shall receive monthly payments equal to those that would have been paid by the CONTRACTOR had the CONTRACTOR continued to perform the services under the Agreement. 18.3.2 CITY may complete the Agreement, or any part thereof, either by day labor, use of a subcontractor, or by re-letting a contract for the same, and procure the equipment and the facilities necessary for the completion of the Agreement, and charge the cost of same to CONTRACTOR and/or the Surety together with the costs incident thereto to such default. 18.3.3 In the event CITY completes the Agreement at a lesser cost than would have been payable to CONTRACTOR under this Agreement, if the same had been fulfilled by CONTRACTOR, CITY shall retain such differences. Should such cost to CITY be greater, CONTRACTOR shall pay the amount of such excess to the CITY. 18.3.4 Notwithstanding the other provisions in this Article, CITY reserves the right to terminate the Agreement at any time, whenever the service provided by CONTRACTOR fails to meet reasonable standards of the trade after CITY gives written notice to the CONTRACTOR of the deficiencies as set forth in the written notice within fourteen calendar(14)days of the receipt by CONTRACTOR of such notice from CITY. Article 19. FEDERAL REQUIREMENTS. Notwithstanding anything to the contrary set forth herein, CONTRACTOR shall comply with all applicable federally required standard provisions whether set forth herein below, in 2 CFR Part 200, or otherwise. Any reference made to CONTRACTOR in this section shall also apply to any subcontractor under the terms of this Agreement. EQUAL EMPLOYMENT OPPORTUNITY. CONTRACTOR shall maintain records for six (6) years following the close of the grant program and be available for access at reasonable times and places for inspection by the authorized representative of the City, Housing and Urban Development (HUD), and Florida Commerce, F.K.A. Florida Department of Economic Opportunity (FDEO) and other relevant federal agencies shall have. Upon request, submit to the Department a report of the number of minority and nonminority group employees currently engaged in each work classification required by this Contract work. Per 2 CFR § 200.325 (b), CONTRACTOR shall keep records as are necessary to determine compliance with the equal employment opportunity obligations. During the performance of this contract, the CONTRACTOR agrees as follows: A. CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. CONTRACTOR will take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. B. CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. C. CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed -2 the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with CONTRACTOR 's legal duty to furnish information. D. CONTRACTOR will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of CONTRACTOR's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. E. CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. F. CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor,or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. G. In the event of CONTRACTOR's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and CONTRACTOR may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. H. CONTRACTOR will include the provisions of paragraphs (A) through (H) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. CONTRACTOR will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. The CITY further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the CITY so participating is a state or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The CITY further agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The CITY further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the CITY agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the CITY under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such CITY; and refer the case to the Department of Justice for appropriate legal proceedings. I RECORDS AND REPORTS - 2 CFR § 200.325 (b): The Contractor shall keep such records as are necessary to determine compliance with the equal employment opportunity obligations. The records kept will be designed to indicate the following: The number of minority and non-minority group members employed in each work classification on the project. The progress and efforts being made in cooperation with unions to increase minority group employment opportunities (applicable only to Contractors who rely in whole or in part on unions as a source of their workforce). The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority group employees as deemed appropriate to comply with their Equal Employment Opportunity Policy. The progress and efforts being made in securing the services of minority group subcontractors or subcontractors with meaningful minority group representation among their employees as deemed appropriate to comply with their Equal Employment Opportunity Policy. All such records must be maintained for six (6) years following the close of the grant program and be available for access at reasonable times and places for inspection by the authorized representative of the City, Housing and Urban Development (HUD), and Florida Commerce, F.K.A. Florida Department of Economic Opportunity (FDEO) and other relevant federal agencies shall have. Upon request, CONTRACTOR agrees to submit to the Department a report of the number of minority and non-minority group employees currently engaged in each work classification required by this Contract work. HUD ACT OF 1968 PER 24 CFR PART 75: CONTRACTOR shall comply with the requirements of Section 3 of the Housing and Urban Development (HUD) Act of 1968, as amended (12 U.S.C. §1701u) 12 U.S.C. §1701u. CONTRACTOR shall ensure that "to the greatest extent feasible," when certain HUD funds are used to assist housing and community development projects, preference for construction-related training, jobs, and contracting opportunities go to low-and very- low-income people and to businesses that are owned by low- and very- low income persons or business. These opportunities are both gender and race neutral. DAVIS-BACON ACT. CONTRACTOR shall comply with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor Regulations (29 CFR Part 5). In accordance with the statute, CONTRACTOR 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, CONTRACTOR must be required to pay wages not less than once a week. Vendors are required to submit certified payroll in accordance to 29 C.F.R. pt. 5. COPELAND"ANTI-KICKBACK"ACT. CONTRACTOR shall comply with the Copeland"Anti-Kickback"Act, (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). CONTRACTOR 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. CITY must report all suspected or reported violations to the Federal awarding agency. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. 3701- 3708). Where applicable, pursuant to 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5) 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. A. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one- half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. B Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (A) of this section the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (A) of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (A) of this section. C. Withholding for unpaid wages and liquidated damages. CITY shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by CONTRACTOR or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (26.4.2) of this section. D. Subcontracts. CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in paragraph(A)through(D)of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (A)through (D) of this section. CONTRACTOR agrees 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). CITY will report violations to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). A. Clean Air Act. CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. CONTRACTOR agrees to report each violation to CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the State, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. CONTRACTOR agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance. B. Federal Water Pollution Control Act. CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. CONTRACTOR agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the State, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. CONTRACTOR agrees to include these requirements in each subcontract exceeding one hundred fifty thousand dollars ($150,000) financed in whole or in part with Federal assistance. FEDERAL SYSTEM FOR AWARD MANAGEMENT: CONTRACTOR shall comply with the (Executive Orders 12549 and 12689) - A contract award (see 2 CFR 180.220) shall not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 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. DEBARMENT AND SUSPENSION (Certification Required). A completed "Certification Regarding Debarment and Suspension" is required prior to award. This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000, as such CONTRACTOR is required to verify that none of the CONTRACTOR's agents, principals (defined at 2 C.F.R. § 180.995), or affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). A. CONTRACTOR must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by CITY. If it is later determined that CONTRACTOR did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to State and CITY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. B. The CONTRACTOR or Bidder agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The CONTRACTOR or Bidder further agrees to include a provision requiring such compliance in its lower tier covered transactions. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). CONTRACTOR shall file the required certification pursuant to 31 U.S.C. 1352. Each tier certifies to the tier above that it will not and has not 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. Each tier shall also 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 recipient. COMPLIANCE WITH STATE ENERGY POLICY AND CONSERVATION ACT. CONTRACTOR shall comply with all mandatory standards and policies relating to energy efficiency contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). PROCUREMENT OF RECOVERED MATERIALS. The CITY and CONTRACTOR 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 CFR part 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. REPORTING. Pursuant to 44 CFR 13.36(i)(7), CONTRACTOR shall comply with federal requirements and regulations pertaining to reporting, including but not limited to those set forth at 44 CFR 40 and 41, if applicable. Furthermore, both parties shall provide the FEMA Administrator, U.S. DOT Administrator, the Comptroller General of the United States,or any of their authorized representative access to any books,documents,papers, and records of CONTRACTOR which are directly pertinent to this contract for the purpose of making audits, examinations, excerpts, and transcriptions. Also, both Parties agree to provide FEMA Administrator or his authorized representative access to construction or other work sites pertaining to the work being completed under the Agreement. RIGHTS TO INVENTIONS. CONTRACTOR agrees that if this Agreement results in any copyrightable materials or inventions, the Federal Government reserves a royalty-free, nonexclusive and irrevocable license to reproduce, publish or otherwise use the copyright of said materials or inventions for Federal Government purposes. NO OBLIGATION BY THE FEDERAL GOVERNMENT. The federal government is not a party to this contract and is not subject to any obligations or liabilities to the non-federal entity, contractor, or any other party pertaining to any matter resulting from the contract. DEPARTMENT OF HOMELAND SECURITY (DHS) SEAL, LOGO, AND FLAGS. CONTRACTOR shall not use DHS(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific federal pre-approval. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS. This is an • acknowledgement that federal financial assistance will be used to fund the Agreement only. CONTRACTOR will comply with all applicable federal law, regulations, executive orders, policies, procedures, and directives. FRAUDULENT STATEMENTS. CONTRACTOR acknowledges that 31 U.S.C. Chap. 38 applies to CONTRACTOR's actions pertaining to this Agreement. PROHIBITION ON CONTRACTING FOR COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause. A. Prohibitions. Section 889(b)of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. ii. Unless an exception in paragraph (B)of this clause applies, the CONTRACTOR and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: a. Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; b. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; c. Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or d. Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. B. Exceptions. This clause does not prohibit CONTRACTOR from providing: (a)A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (b) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. ii. By necessary implication and regulation, the prohibitions also do not apply to: (a) Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (b) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. C. Reporting requirement. In the event CONTRACTOR identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (ii) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. ii. The CONTRACTOR shall report the following information pursuant to this section: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number(original equipment manufacturer number, manufacturer t part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within ten (10) business days of submitting the information required by this Section: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. The CONTRACTOR shall insert the substance of this clause, including this in all subcontracts and other contractual instruments. DOMESTIC PREFERENCE FOR PROCUREMENTS. As appropriate, and to the extent consistent with law, the CONTRACTOR should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. AFFIRMATIVE SOCIOECONOMIC STEPS. If subcontracts are to be let, CONTRACTOR is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises. and labor surplus area firms are used when possible. LICENSE AND DELIVERY OF WORKS SUBJECT TO COPYRIGHT AND DATA RIGHTS. If applicable, the CONTRACTOR grants to CITY, a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, CONTRACTOR will identify such data and grant to the CITY or acquire on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, CONTRACTOR will deliver to the CONTRACTOR data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by CONTRACTOR. BUILD AMERICA, BUY AMERICA (BABA) ACT: The Grantee must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable to the Grantee's infrastructure project. Pursuant to HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Financial Assistance" (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver. "This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts, whether signed physically or electronically, which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes." IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. CITY OF BOYNTON BEACH DAVCO ELECTRICAL CONTRACTORS CORP. is/waw' Mark Komar y serga, Mayor (Signature), Company #2/SSAil...er Print Name of Au be1ized Official Vice President Title Approved as to Form: January 24,2025 Date Aa-eVn . a' d' i4 (Corporate Seal) Office of the City Attorney Attest/Authenticated .02/V//a#2 .7 ' Date ,�/ Witness Print Name NAM.CAAi (� P> serf MKo Gstr� f r Ae•- .te• • - •ticated: \ ,1 De Je- s, City Clerk e c� i1 ac D:te _ =,k OF 130),N /f !�N �I^• Ca' CO?p �� : rT1 't : Ig04,q . c , o� 4 \ C-0 'Fa o� . it,`�'QjDA i i' CORPORATE ACKNOWLEDGEMENT STATE OF 0�ire COUNTY OF A _MEW' The foregoing instrument was acKnowledged fore me by means of4p y 'cal presence or ❑ online •tar' ation, thi , day o (,1,� , 265, by O' n behalf of �1 CO - . IL 1 L,A r , . He/she is personally known to me or has produced a. identification. \ / `_. NOTARY ; �r s� FAITH L.KULLA .,,u' '.r ;H 153418 (Name of Not -�. • ,.`� ;-:•Et t3t e3dl i •$'6•F,i'? Bonded Thru Troy Fain Insurance 0- 019 Title or Rank Serial number, if any f~ Cil of 9awnton 8� cA i PutGrasinn and Conti-Acts Division EXHIBIT "A" - STATEMENT OF COMPLIANCE - TRAINING, EMPLOYMENT, AND CONTRACTING OPPORTUNITIES FOR BUSINESS AND LOWER-INCOME PERSONS A. The project assisted under this(ITB) is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S. C. 70U. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. B. Notwithstanding any other provision of this (contract) (agreement), the (applicant) (recipient) shall carry out the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary set forth in 24 CFR Part 135 (published in 38 Federal Register 29220, October 23, 1973), and all applicable rules and orders of the Secretary issued there under prior to the execution of this (contract) (agreement). The requirements of said regulations include but are not limited to development and implementation of an affirmative action plan for utilizing business concerns located within or owned in substantial part by persons residing in the area of the project; the making of a good faith effort, as defined by the regulation, to provide training, employment and business opportunities required by Section 3; and incorporation of the "Section 3 Clause" specified by Section 135.20 (b)of the regulations in all contracts for work in connection with the project. The (applicant) (recipient) certifies and agrees that it is under no contractual or other disability which would prevent it from complying with these requirements. C. Compliance with the provision of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Secretary issued thereunder prior to approval by the City of the application for this (contract) (agreement), shall be a condition of the Federal financial assistance provided to the project, binding upon the (applicant) (recipient), its successors and assigns. Failure to fulfill these requirements shall subject the(applicant)(recipient),its Contractors and sub-Contractors, its successors, and assigns to the sanctions specified by the (contract) (agreement), and to such sanctions as are specified by 24 CFR Section 135. Name of Contractor: Davco Electrical Contractors Corp. Title of ITB or Spec: Galaxy Park Field Lighting Project Spec#or ITB#or Purchase Order Bid No: REC25-0138 Will you hire new employees as a result of this contract? Yes [j No KY Contractor: Davco Electrical Contractors Corp ..,,-*-------7 December 18,2024 Contractor's Signature and Title (3agfe' « l � '�/ Mark Komar ,Vresident REC25-0138 GALAXY PARK FIELD LIGHTING PROJECT 1 Federal Grant Requirements Cit.of 80,na-.n Beach '2 Purchasing and;.y.V_ects Division EXHIBIT "B" - CERTIFICATION FOR COMPLIANCE WITH CITY, COUNTY, STATE, FEDERAL LAWS, AND REGULATIONS I, agree to comply with all City, County, State, and Federal laws and regulations, including, but not limited to the following: CONFLICTS OF INTEREST Contractor covenants that no person who presently exercises any functions or responsibility on behalf of the City of Boynton Beach in connection with this agreement has any personal financial interests, direct or indirect,with the Contractor. Contractor further covenants that, in the performance of any contract, no person having such conflicting interest, shall be employed by the Contractor. Any conflict of interest attributable to the Contractor or its employees must be disclosed in writing to the City of Boynton Beach upon discovery. Contractor is aware of the conflict-of-interest laws of the State of Florida, particularly Chapter 112, Part III, Florida Statutes; and the United States Department of Housing and Urban Development, particularly, 24 CFR Part 570 §570.611, and agrees to comply with all respects to those provisions fully. EQUAL OPPORTUNITY During the performance of this RFQ, the successful Contractor and its sub-Contractors shall not discriminate against any employee or applicant for employment because of race,color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, or disability if qualified. The Contractor will take affirmative action to ensure that employees and those of its sub-Contractors are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity, genetic information or expression, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation;and selection for training,including apprenticeship. The Contractor and its sub-Contractors shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that all sub-Contractors, if any, will be made aware of and will comply with this nondiscrimination clause. In the event local laws or ordinances governing equal opportunity apply as well, Contractor agrees to comply. DEBARMENT/SUSPENSION The Contractor certifies, by submission of this certification, that neither the Contractor nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department or agency. Where the Contractor is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this certification. ZONING CODES AND BUILDING CODES REC25-0138 GALAXY PARK FIELD LIGHTING PROJECT 2 Federal Grant Requirements 0 ci:,;/50,mon Beach Purchasing end Contracts Divisyan Contractor must comply with the City of Boynton Beach Zoning and Building Codes, the Florida Building Code, local building codes, and other standards established by the City of Boynton Beach, as deemed necessary by such agency. SiC< Mark Ko r,Vice President Print Name: " Dade` December 18,2024 STATE OF Florida COUNTY OF Palm Beach The foregoing instrument was acknowledged before me, by m ns of 0-physical presen. or ❑ online not-rizatio 1, this f °{ day of .� , 20 oZ by Y' ' 7.- ri C ) for ("( VI. r• i,( ;rc t G 1•-N'1 f c )( ,whd is personally known to me or who has produced /identification. . l . Notary Public Siture: .& t( ,cievFFiorida at Large(Seal) Print Name: FAITHi..,.ULLA ,h. Commission#HH t 341i ;4. ,r Expires November t2,2025 „p is : Bonded Wu troy Fail ins..:.r:;x rtx.-38.7919 My commission expires: REC25-013B GALAXY PARK FIELD LIGHTING PROJECT 3 Feder-at Grant Requirements Or , Cif,of p gamin and..Eruct,Dlvkion EXHIBIT "C" - STATE AND FEDERAL STATUTES, REGULATIONS, AND POLICIES Through this agreement, the CDBG funds available to the Subrecipient constitute a subaward of DEO's Federal award under the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR part 200. All provisions apply to the awarded Contractor and any sub-contractors. The contractor agrees to abide by and enforce all provisions outlined in the solicitation and grant agreement to the Contractor and any sub-contractors. This agreement includes terms and conditions of DEO's Federal award that are imposed on the subrecipient, and the Subrecipient agrees to carry out its obligations in compliance with all the obligations described in this Agreement. 7 Signs ;-' ' l� - Print Nance: Mark Komar Vi resident Date: i,'ecember 18,2024 STATE OF Florida COUNTY OF Palm Beach The foregoing instrument was acknowledged� before me, by means of.0 physical presence or D online notariz tion, this ±L day of 20 by / as for I �1�11'1'( t,t Lc t L1 -f~ , ..vho is personally known to me or who has produced !as identification. Notary Nplic Signature: �i! / S - .f Florida at Large(Seal) Print Name: --- "^t?w; FAITH L.KULLA Commission R HH 153418 rp Expires November 13,2025 �!',".••' &mdad Thru Troy Fain Instant*sa0385-7019 My commission expires: REC25-0138 GALAXY PARK FIELD LIGHTING PROJECT 4 Federal Grant Requirements city or Soften Beach Pcrd>acina and Contracts Division EXHIBIT "D" — BUILD AMERICA, BUY AMERICA ACT (BABA) - INFRASTRUCTURE PROJECTS WITH FEDERAL FUNDED This provision does not apply where a valid waiver is in place. However, it may apply to funds expended before the waiver or after its expiration. Recipients or Subrecipients of an award of Federal financial assistance from a program for infrastructure are required to comply with the Build America, Buy America Act(BABA), including the following provisions: a. All iron and steel used in the project are produced in the United States--this means all manufacturing processes, from the initial melting stage through the application of coatings,occurred in the United States; t+. All manufactured products used in the project are produced in the United States-this means the manufactured product was manufactured in the United States: and the cost of the components of the manufactured product that are mined,produced,or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation;and c. All construction materials are manufactured in the United States-this means that all manufacturing processes for the construction material occurred in the United States. d. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into,or affixed to an infrastructure project.As such,it does not apply to tools.equipment, and supplies, such as temporary scaffolding. brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. Signafu,e. /77 . Print Nam Mark Komar,Vice resident Date: December 18,2024 STA teOF Florida COUNTY OF Palm Beach The foregoing instrument was acknoillged before me, by mrni of physical presen or O ' on e not riz ti n, this day of • (` , 20 �-'� by 1 --1 wi as 1. for ;I L (> • I_.t! I 4 (0,k/� , who is personally known to me or who has produced as identification. Notary Publk.5ignatur ,17 ....... � (Seaq Print Name: Commission#HN1� 18 } Ex res Novemher 13,2025 sg_.709 Bonded'mu Insurance 800• TtoyF� My commission expires: REC25-0138 GALAXY PARK FIELD LIGHTING PROJECT 5 Federal Grant Requirements Cit.of Bo.nton Beach c, .u cha,irr; C nfract5[)iv; ron EXHIBIT "E" MINORITY/WOMEN'S I LABOR SURPLUS FIRMS PARTICIPATION Per the requirements of 2 CFR Part 200 §200.321, the City of Boynton Beach encourages the active participation of minority businesses,women's business enterprises, and labor surplus areas firms as a part of any subsequent agreement whenever possible, either as prime contractors or subcontractors. If subcontracts are to be let,through a prime Contractor,that Contractor is required to take the affirmative steps listed in items (1)through (6) below: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses,and women's business enterprises; 4. Establishing delivery schedules,where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and 6. The City shall require the prime contractor, if subcontracts are to be let, take the affirmative steps listed in paragraphs(1)through(5)of this section. Through the submittal of this solicitation, CONTRACTOR confirms and affirms that CONTRACTOR have performed, to the best of their ability, all outreach to small/minority/women-owned businesses for sub-contracts outlined above: r .. Signa tiate.�f Print Name: Mark Komar,Vice-Nesident Date: li'cember 18,2024 j STATE OF Florida COUNTY OF Palm Beach The foregoing instrument was acknowledged before me. by mats of chysical pres�lent or U online notarizatipn, this 9 day of d ' C- 20 i) 0 by \AN..^:— 11161:v‘ . as ' for ft,1(L f 4 �,,, { /,, /) , who is personally known to me or who has produced :s identification. Notary Pub . Signature: Public. .“-4t6te-dt-Florida at Large (Seal) "'�Y •., FAITH L.KULLA Print Name: rpt Commission#HH 153418 Expires November 13,2025 •°O`,'.' Banded Tiru Troy Fain Insurance 300-3857019 My commissio REC25-013B GALAXY PARK FIELD LIGHTING PROJECT 6 Federal Grant Requirements (III Cit,of Bo,non Beach ■ Purchasinc and Contracts Division EXHIBIT "F" — DAVIS BACON WAGES This project is federally funded by CDBG and Davis bacon wages shall be applied to this project. Contractor agrees to abide by any Davis bacon wage table regarding this project. DAVIS-BACON ACT (WHEN CONSTRUCTION AGREEMENT/CONTRACT VALUE IS GREATER THAN $2,000): A. All transactions regarding the agreement/contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and §§3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The Contractor shall comply with 40 U.S.C. §§ 3141-3144, and §§ 3146-3148 and the requirements of 29 C.F.R. pt. 5, as may be applicable. B. Contractors are 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. C. Additionally, Contractor are required to pay wages not less than once a week. Through the completion of this exhibit, Contractor affirms that they will complete this project in accordance with alllages outlined�in` in the applicable Davis bacon wage table. Signott AC4c � �J C.# e‹,.. Print N e: Mark Komar, President Da g; December 18,2024 STATE OF Florida COUNTY OF Palm Beach The foregoing instrument was acknowledged before me, by mer of hysical presence or ❑ onlin notarizati this day of j�,1 ' - , 20 ,'-)`, by �.1 �,, as V for �)�`C01 E 0(kI��i (Cyt•- - (9 , w o is personally known to me or who has produced �as identification. eaJ Notary Pi rDliC Signature: , of Florida at Large (Seal) Print Name: My commission expires: ='' , '`�. FA KULLA ---:mission#111-1153418 Expires Novemher 13.2025 •`:;,`'' BandedThru1ray Fain lnsuranm800 3057019 REC25-0138 GALAXY PARK FIELD LIGHTING PROJECT 7 Federal Grant Requirements LIGHTING SPECIFICATION PREPARED FOR Galaxy Park Baseball Field Lighting Project Boynton Beach, Florida Project # 234588 SUBMITTED BY: Musco Sports Lighting, LLC 2107 Stewart Road -- PO PO Box 260 Muscatine, Iowa 52761 MU O. Local Phone: 563/263-2281 Ire" 4.14 Toll Free: 800/756-1205 Fax: 800/374-6402 We Make It Happen. This Mfomulian Is provided by Musco exclusively for this project.Repro*/CU M Or d/sthbrbon of the enclosed documents or infornebon withal the written permission of MuACO Sports Lighting,LIC's prohibited M-1995-en&8 SECTION 26 56 68—EXTERIOR ATHLETIC LIGHTING Lighting System With LED Light Source PART 1 —GENERAL 1.1 SUMMARY A. Work covered by this section of the specifications shall conform to the contract documents, engineering plans as well as state and local codes. B. The purpose of these specifications is to define the lighting system performance and design standards for Galaxy Park using an LED Lighting source. The manufacturer/contractor shall supply lighting equipment to meet or exceed the standards set forth in these specifications. C. The sports lighting will be for the following venues: 1. Baseball Field 2. Playground 3. Warmup Area D. The primary goals of this sports lighting project are: 1. Guaranteed Light Levels: Selection of appropriate light levels impacts the safety of players and the enjoyment of spectators. Therefore, light levels are guaranteed to not drop below specified target values for a period of 25 years. 2. Environmental Light Control: It is the primary goal of this project to minim¢e spill light to adjoining properties and glare to players, spectators, and neighbors. 3. Cost of Ownership: To reduce the operating budget, the preferred lighting system shall be energy efficient and cost effective to operate.All maintenance costs shall be eliminated for the duration of the warranty. 4. All lighting designs shall comply with Palm Beach County Lighting Ordinances. 5. Lighting Manufacturer must show compliance. pass/fail to the International Dark Skies Award of Excellence Program.Certification must be provided prior to any bidding. Manufacturer will absorb any and all costs in obtaining such report. Post installation IDA compliance testing must be provided by third party testing personnel. 6. Control and Monitorin —To allow for optimized use of labor resources and avoid unneeded operation of the facility,customer requires a remote on/off control system for the lighting system. Fields should be proactively monitored to detect luminaire outages over a 25-year life cycle.All communication and monitoring costs for 25-year period shall be included in the bid. a. Control and monitoring system shall provide contactor control of all existing circuits. Key switches shall be provided to provide field-level control of existing circuit groups. 1.2 ONFIELD LIGHTING PERFORMANCE A. Illumination Levels and Design Factors: Playing surfaces shall be lit to an average target illumination level and uniformity as specified in the chart below. Lighting manufacturers will provide a guarantee that light levels will be sustained over the life of the warranty period. Lighting calculations shall be developed,and field measurements taken on the grid spacing with the minimum number of grid points specified below. Manufacturers will provide lumen maintenance data of the LED luminaires used per TM-21-11 and will Incorporate the lumen maintenance projections into the lighting designs to ensure target light levels are achieved throughout the guaranteed period of the system. Per IES guidelines, lumen maintenance hours should be reported based on the 6x multiplier of testing hours. Page 2 of 10 M isssenus•a Average Target Maximum to Area of Lighting Illumination Minimum Grid Points Grid Spacing _ Levels Uniformity Ratio Basebal I Infield 50 Footcandles _2.0:1.0 25 20'x 20' Baseball Outfield 30 Footcandles 2.5:1.0 133 20'x 20' Plavoround 30 Footcandles 2.5:1.0 48 10'x 10' Warm Ur.Area 25 Footcandles 2.5:1.0 16 20'x 20' B. Color Temperature:The lighting system shall have a minimum color temperature of 5700K and a CRI of 75. C. Playability: Lighting design and luminaire selection should be optimized for playability by reducing glare onfield and providing sufficient uptight. 1. Aiming Angles: To reduce glare, luminaire aiming should ensure the top of the luminaire field angle (based on sample photometric reports) is a minimum of 10 degrees below horizontal. 2. Glare Control Technology–Luminaires selected should have glare control technology including, but not limited to:external visors, internal shields and louvres. No symmetrical beam patterns are acceptable. 3 Aerial lighting–Adequate illumination must be provided above the field to see the ball in flight. It is recommended that a lighting analysis be performed above the field of play to evaluate the visibility of the ball over its typical trajectory to ensure the participants will adequately see the ball. Calculation planes should be evaluated up to the maximum anticipated height for the level of play. 4. Mounting Heights: To ensure proper aiming angles, minimum mountings heights shall be as described below. Higher mounting heights may be necessary for luminaire with lesser glare control to meet field angle requirements of section 1.2.C.1. #of Poles-1 Pole Designation Pole Height 6 A1-A2,B1-B1,C1-C2 60' 1.3 ENVIRONMENTAL LIGHT CONTROL A. Light Control Luminaires: All luminaires shall utilize spill light and glare control devices including, but not limited to, internal shields, louvers, and external shields. No symmetrical beam patterns are accepted. B. Lighting Ordinance: In accordance with Boynton Beach lighting ordinance, maximum initial horizontal illumination at the property line shall not exceed 0.33 footcandles. C. Spill Light and Glare Control: To minimize impact on adjacent properties, spill light and candela values must not exceed the following levels taken at 3 feet above grade. Baseball Field, Playground and Warm U Area Average Maximum _ 150'Specified Spill Line Horizontal Footcandles 0.03 fc ` 0.25 fc 150'S ecified S,ill Line Max Vertical Footcandles . 0.05 fc 0.50 fc 150'Specified Spill Line Max Candela(taken at 5 ft above rade) 7500 cd D. Spill Scans: Spill scans must be submitted indicating the amount of horizontal and vertical footcandles along the specified lines. Light levels shall be provided in 30-foot intervals along the boundary line at 3 ft above grade. E. Sample Photometry: The first page of a photometric report for all luminaire types proposed showing horizontal and vertical axial candle power shall be provided to demonstrate the capability of achieving Page 3 of 10 A1-1895.enus-e 1 the specified performance. Reports shall be certified by a qualified testing laboratory with a minimum of five years experience or by a manufacturer's laboratory with a current accreditation under the National Voluntary Laboratory Accreditation Program for Energy Efficient Lighting Products. A summary of the horizontal and vertical aiming angles for each luminaire shall be included with the photometric report. F Field Verification: Lighting manufacturer shall supply field verification of environmental light control using a meter calibrated within the last 12 months: 1. Spill verification: Illumination levels shall be taken in accordance with IESNA RP-6.22.The light sensing surface of the light meter should be held 36 inches above the playing surface with the sensing surface horizontal(for horizontal readings)or vertically pointed at the brightest light bank (for max vertical readings) PART 2—PRODUCT 2.1 SPORTS LIGHTING SYSTEM CONSTRUCTION A. Manufacturing Requirements:All components shall be designed and manufactured as a system.All luminaires,wire harnesses, drivers and other enclosures shall be factory assembled,aimed,wired and tested. B. Durability:All exposed components shall be constructed of corrosion resistant material and/or coated to help prevent corrosion.All exposed carbon steel shall be hot dip galvanized per ASTM A123.All exposed aluminum shall be powder coated with high performance polyester or anodized. All exterior reflective inserts shall be anodized, coated, and protected from direct environmental exposure to prevent reflective degradation or corrosion.All exposed hardware and fasteners shall be stainless steel, passivated and coated with aluminum-based thermosetting epoxy resin for protection against corrosion and stress corrosion cracking. Structural fasteners may be carbon steel and galvanized meeting ASTM A153 and ISO/EN 1461 (for hot dipped galvanizing),or ASTM 8695 (for mechanical galvanizing).All wiring shall be enclosed within the cross-arms, pole, or electrical components enclosure. C. System Description: Lighting system shall consist of the following: 1. Galvanized steel poles and cross-arm assembly. 2. Non-approved pole technology: a. Square static cast concrete poles will not be accepted. b. Direct bury steel poles which utilize the extended portion of the steel shaft for their foundation will not be accepted due to potential for internal and external corrosive reaction to the soils and long term performance concerns. 3. Lighting systems shall use concrete foundations. See Section 2.4 for details. a. For a foundation using a pre-stressed concrete base embedded in concrete backfill the concrete shall be air-entrained and have a minimum compressive design strength at 28 days of 3,000 PSI. 3,000 PSI concrete specified for early pole erection, actual required minimum allowable concrete strength is 1,000 PSI. All piers and concrete backfill must bear on and against firm undisturbed soil. b. For anchor bolt foundations or foundations using a pre-stressed concrete base in a suspended pier or re-enforced pier design pole erection may occur after 7 days. Or after a concrete sample from the same batch achieves a certain strength. 4. Manufacturer will supply all drivers and supporting electrical equipment. a. Remote drivers and supporting electrical equipment shall be mounted approximately 10 feet above grade in aluminum enclosures. The enclosures shall be touch-safe and include drivers and fusing with indicator lights on fuses to notify when a fuse is to be replaced for each luminaire. Disconnect per circuit for each pole structure will be located in the Page 4 of 10 sss-e -8 enclosure. Integral drivers are not allowed. b. The pole shall include steps, cables, and platforms for luminaire maintenance, if owner responsible for removal of faulty luminaires c. Manufacturer shall provide surge protection at the pole equal to or greater than 40 kA for each line to ground (Common Mode)as recommended by IEEE C62.41.2_2002. 5. Wire harness complete with an abrasion protection sleeve, strain relief and plug-in connections for fast, trouble-free installation. 6. All luminaires,visors,and cross-arm assemblies shall withstand 150 mi/h winds and maintain luminaire aiming alignment. 7. Control cabinet to provide remote on-off control, monitoring, and entertainment features of the lighting system. See Section 2.3 for further details. 8. Manufacturer shall provide lightning grounding as defined by NFPA 780 and be UL Listed per UL 96 and UL 96A. a. Integrated grounding via concrete encased electrode grounding system. b. If grounding is not integrated into the structure,the manufacturer shall supply grounding electrodes,copper down conductors,and exothermic weld kits. Electrodes and conductors shall be sized as required by NFPA 780.The grounding electrode shall be minimum size of 5/8 inch diameter and 8 feet long, with a minimum of 10 feet embedment.Grounding electrode shall be connected to the structure by a grounding electrode conductor with a minimum size of 2 AWG for poles with 75 feet mounting height or less, and 2/0 AWG for poles with more than 75 feet mounting height. (If Enhanced Corrosion Protection is required, include this wording) 9. Enhanced corrosion protection package: Due to the potentially corrosive environment for this project, manufacturers must provide documentation that their products meet the following enhanced requirements in addition to the standard durability protection specified above: a) Exposed carbon steel horizontal surfaces on the crossarm assembly shall be galvanized to no less than a five(5) mil average thickness b) Exposed die cast aluminum components shall be Type II anodized per MIL-STD- 8625 and coated with high performance polyester. c) Exposed extruded aluminum components shall be Type II anodized per MIL-STD- 8625 and coated with high performance polyester. D. Safety:All system components shall be UL listed for the appropriate application. 2.2 ELECTRICAL A. Electric Power Requirements for the Sports Lighting Equipment: 1. Electric power: Volt, Phase 2. Maximum total voltage drop: Voltage drop to the disconnect switch located on the poles shall not exceed three(3)percent of the rated voltage. B. Energy Consumption: The kW consumption for the field lighting system shall be no more than 31.19 kW. 2.3 CONTROL A. Instant On/Off Capabilities: System shall provide for instant on/off of luminaires. B. Lighting contactor cabinet(s)constructed of NEMA Type 4 aluminum, designed for easy installation with contactors, labeled to match field diagrams and electrical design. Manual off-on-auto selector switches shall be provided. C. Contactor control of lights: To minimize wear on drivers and other electrical components and prevent lights from turning on due to communication loss, circuits must be controlled via contactor Page 5 of 10 M-1995•eS,US-8 switching, not dimming driver output to zero. D. Dimming:System shall provide for 3-stage dimming(high-medium-low Dimming will be set via scheduling options(Website, app,phone, email) E. Remote Lighting Control System: System shall allow owner and users with a security code to schedule on/off system operation via a web site, phone,or email up to ten years in advance. Manufacturer shall provide and maintain a two-way TCP/IP communication link.Trained staff shall be available 24/7 to provide scheduling support and assist with reporting needs. The owner may assign various security levels to schedulers by function and/or fields. 1 his function must be flexible to allow a range of privileges such as full scheduling capabilities for all fields to only having permission to execute"early off'commands by phone. Scheduling tool shall be capable of setting curfew limits. Controller shall accept and store 7-day schedules, be protected against memory loss during power outages, and shall reboot once power is regained and execute any commands that would have occurred during outage. F. Remote Monitoring System: System shall monitor lighting performance and notify manufacturer if individual luminaire outage is detected so that appropriate maintenance can be scheduled.The controller shall determine switch position(manual or auto)and contactor status(open or closed). G. Management Tools: Manufacturer shall provide a web-based database and dashboard tool of actual field usage and provide reports by facility and user group Dashboard shall also show current status of luminaire outages, control operation and service. Mobile application will be provided suitable for IOS and Android devices. Hours of Usage: Manufacturer shall provide a means of tracking actual hours of usage for the field lighting system that is readily accessible to the owner. 1. Cumulative hours: shall be tracked to show the total hours used by the facility. 2. Report hours saved by using early off and push buttons by users. H. Communication Costs: Manufacturer shall include communication costs for operating the control and monitoring system for a period of 25 years. I. Communication with luminaire drivers: Control system shall interface with drivers in electrical components enclosures by means of powerline communication. 2.4 STRUCTURAL PARAMETERS (Use for 2020 FBC outside of the HVHZ and not a Public School) A. Wind Loads:Wind loads shall be based on the 2023 Florida Building Code. Wind loads to be calculated using ASCE 7-22, an ultimate design wind speed of 170mph B. Pole Structural Design: The stress analysis and safety factor of the poles shall conform to AASHTO 2013 Standard Specification for Structural Supports for Highway Signs, Luminaires, and Traffic Signals(LTS-6). C. Foundation Design: If no geotechnical report is available, the foundation design shall be based on soils that meet or exceed those of a Class 4 material as defined by 2.020 FBC Table 1806.2. D. Foundation Drawings: Project specific foundation drawings stamped by a registered engineer in the state where the project is located are required. The foundation drawings must list the moment,shear (horizontal)force, and axial(vertical)force at ground level for each pole. These drawings must be submitted at time of bid to allow for accurate pricing. PART 3—EXECUTION 3.1 SOIL QUALITY CONTROL Page 6 of 10 N-ino5 nnus 9 A. It shall be the Contractor's responsibility to notify the Owner if soil conditions exist other than those on which the foundation design is based. or if the soil cannot be readily excavated. Contractor may issue a change order request 1 estimate for the Owner's approval/payment for add tional costs associated with: 1. Providing engineered foundation embedment design by a registered engineer in the State of Florida for soils other than specified soil conditions; 2. Additional materials required to achieve alternate foundation; 3. Excavation and removal of materials other than normal soils, such as rock, caliche,etc. 3.2 DELIVERY TIMING B. Delivery Timing Equipment On-Site: The equipment must be on-site 8-10 weeks from receipt of approved submittals and receipt of complete order information. 3.3 FIELD QUALITY CONTROL A. Illumination Measurements: Upon substantial completion of the project and in the presence of the Contractor, Project Engineer, Owner's Representative, and Manufacturer's Representative, illumination measurements shall be taken and verified. The illumination measurements shall be conducted in accordance with IESNA RP-6-22. B. Field Light Level Accountability 1. I.ight levels are guaranteed not to fall below the target maintained light levels for the entire warranty period of 25 years. These levels will be specifically stated as"guaranteed"on the illumination summary provided by the manufacturer. 2. The contractor/manufacturer shall be responsible for conducting initial light level testing and an additional inspection of the system, in the presence of the owner, one year from the date of commissioning of the lighting. 3. The contractor/manufacturer will be held responsible for any and all changes needed to bring these fields back to compliance for light levels and uniformities. Contractor/Manufacturer will be held responsible for any damage to the fields during these repairs. C. Correcting Non-Conformance: If, in the opinion of the Owner or his appointed Representative,the actual performance levels including footcandles, uniformity ratios, uptight for aerial visibility,and offsite candela readings are not in conformance with the requirements of the performance specifications and submitted information, the Manufacturer shall be required to make adjustments to meet specifications and satisfy Owner. 3.4 WARRANTY AND GUARANTEE A. 25-Year Warranty: Each manufacturer shall supply a signed warranty covering the entire system for 25 years from the date of shipment. Warranty shall guarantee specified light levels. Warranty shall cover all parts, labor,and equipment with no exceptions including but not limited to parts, pieces, diodes,attachments, or any other component initially provided. It is the manufacturer's responsibility, for the entire length of the 25 year contract,to replace any parts even if it is with another manufacturer. Manufacturer shall maintain specifically funded financial reserves to assure fulfillment of tie warranty for the full term. Warranty does not cover weather conditions events such as lightning or hail damage, improper installation, vandalism or abuse, unauthorized repairs or alterations, or product made by other manufacturers. B Maintenance: Manufacturer shall monitor the performance of the lighting system, including on/off status, hours of usage and luminaire outage for 25 years from the date of equipment shipment. Parts and labor shall be covered such that individual luminaire outages will be repaired when the usage of any field is materially impacted. Manufacturer is responsible for removal and replacement of failed luminaires, including all parts, labor, shipping, and equipment rental associated with maintenance. Owner agrees to check fuses in the event of a luminaire outage. Page 7 of 10 Il-1e95-emus-A PART 4—DESIGN APPROVAL 4.1 PRE-BID SUBMITTAL REQUIREMENTS ,Non-Musco A. Design Approval:The owner/engineer will review pre-bid submittals per section 4.1 B from all the manufacturers to ensure compliance to the specification 10 days prior to bid. If the design meets the design requirements of the specifications. a letter and/or addendum will be issued to the manufacturer indicating approval for the specific design submitted. B Approved Product: Musco's Light-Structure System"''with TLC for t F[) is the approved product.All substitutions must provide a complete submittal package for approval as outlined in Submittal Information at the end of this section at least 10 days prior to bid Special manufacturing to meet the standards of this specification may be required.An addendum will be issued prior to bid listing any other approved lighting manufacturers and designs C All listed manufacturers not pre-approved shall submd the information at the end of this section at least 10 days prior to bid.An addendum will be issued prior to bid; listing approved lighting manufacturers and the design method to be used. D. Bidders are required to bid only products that have been approved by this specification or addendum by the owner or owner's representative. Bids received that do not utilize an approved system/design, will be rejected. Page 8 of 10 u-1995-esus-B • REQUIRED SUBMITTAL INFORMATION FOR ALL MANUFACTURERS (NOT PRE-APPROVED)10 DAYS PRIOR TO BID All items listed below are mandatory, shall comply with the specification and be submitted according to pre-bid submittai requirements. Complete the Yes/No column to indicate compliance(Y)or noncompliance(N)for each item. Submit checklist below with submittal. Yes Tab item Description /No _ _ rListing of all information being submitted must be included on the table of contents. List the A Letter/ name of the manufacturer's local representative and his/her phone number. Signed submittal Checklist checklist to be included. B Equipment Drawing(s)showing field layouts with pole locations Lai out Lighting design drawing(s)showing: a. Field Name, date,file number, prepared by b. Outline of field(s) being lighted, as well as pole locations referenced to the center of the field (x&y), Illuminance levels at grid spacing specified On Field c. Pole height, number of fixtures per pole, horizontal and vertical aiming angles, as wel C Lighting as luminaire information including wattage, lumens and optics Design d. Height of light test meter above field surface. e. Summary table showing the number and spacing of grid points; average,minimum and maximum illuminance levels in foot candles (fc); uniformity including maximum to minimum ratio, coefficient of variance (CV), coefficient of utilization (CU) uniformity :radient; number of luminaries, total kilowatts, average tilt factor; light loss factor. Lighting design drawing showing initial spill light levels along the boundary line(defined on Off Field bid drawings)in footcandles. Lighting design showing glare along the boundary line in O Lighting candela. Light levels shall be taken at 30-foot intervals along the boundary line. Readings Design shall be taken with the meter orientation at both horizontal and aimed towards the most intense bank of liE hts. _ Provide first page of photometric report for all luminaire types being proposed showing E , Photometric candela tabulations as defined by IESNA Publication LM-35-02. Photometric data shall be Report certified by laboratory with current National Voluntary Laboratory Accreditation Program or an Inde, endent testit n�facility,with over 5 years ex;_erience. Provide performance guarantee including a written commitment to undertake all corrections F Performance required to meet the performance requirements noted in these specifications at no expense Guarantee to the owner. Light levels must be guaranteed to not fall below target levels for warranty i eriod. Pole structural calculations and foundation design showing foundation shape, depth backfill G Structural requirements, rebar,and anchor bolts(if required). Pole base reaction forces shall be Calculations shown on the foundation drawing along with soil bearing pressures. Design must be stam ed b, a structural en ineer in the state of Florida,if re uired b owner. _- Control& Manufacturer of the control and monitoring system shall provide written definition and H I Monitoring schematics for automated control system.They will also provide ten(10) references of System customers currently using proposed system in the state of Florida. Electrical Manufacturer bidding an alternate product must include a revised electrical distribution plan Distribution including changes to service entrance, panels, and wire sizing,signed by a licensed — Plans Electrical Engineer in the state of Florida. Provide written warrant7 information including all terms and conditions. Provide ten(10) J Warranty references of customers currentlxunder specified warrant2 in the state of Florida. Manufacturer to provide a list of ten (10) projects where the technology and specific fixture K Project proposed for this project has been installed in the state of Florida. Reference list will References include project name, project city, installation date, and if requested,contact name, and contact hone number. Product L Complete bill of material and current brochures/cut sheets for all products being provided. Information __ _ __ _ M Delivery Manufacturer shall supply an expected delivery timeframe from receipt of approved ry submittals and complete order information. Page 9 of 10 w-1995 s-8 i t N Non- Manufacturer shall list all items that do not comply with the specifications.If in full compliance, Compliance tab may be omitted. The information supplied herein shall be used for the purpose of complying with the specifications for Galaxy Park. By signing below, I agree that all requirements of the specifications have been met and that the manufacturer will be responsible for any future costs incurred to bring their equipment into compliance for all items not meeting specifications and not listed in the Non-Compliance section. Manufacturer: TM�a Signature: Contact Name: Date: I I Contractor: Signature: Page 10 of 10 M-1 9 enusa TABLE OF CONTENTS t'T OUSCO Galaxy Park Project Submittal Table of Contents A. BILL OF MATERIALS B. LIGHTING DESIGN C. CONTROLS AND MONITORING D. STRUCTURAL INFORMATION E. WARRANTY F. PRODUCT INFORMATION .:X)41u .)cm Galaxy Parke 234588 A. BILL OF MATERIALS lk 5co Galaxy Park,234598 Project Submittal: Bill of Materials -- Equipment Description } ' . 2 Lght-Structure System, 1 otal Li :ht Control T""TLC-LED-550 luminaires 17 Light-Structure S,stem TM Total Li,ht Control"'TLC-LED-900 luminaires 10 Light-Structure S.stem TM Total Light Control TM TLC-LED-1200 luminaires 6 Lii ht-Stn cture S.stem TM Total Light Cantron)"TLC-BT-575 luminaires 6 60 ft galvanized steel poles — 6 Pre-cast concrete foundations 9.500 PSI with integrated grounding ✓ Factory wired and assembled pole top luminaire assemblies ✓ Factory wired electrical cornonent enclosures ✓ Factory built wire harnesses with plug-in connections 1 24"x 48"Control and monitoring cabinet_. F ✓ __ High/medium/low 1 30-amp contactors 3 60-amts contactors 2 On-Off-Auto tOOAI switches Warranty Musco's Constant 25TM product assurance and warranty program that eliminates ✓ 100%maintenance costs for 25 years, including labor, materials, monitoring and guaranteed ii rt M-1911-enuS-11 Galaxy Park,Project#234588 B. LIGHTING DESIGN SeSCO Galaxy Park.234688 ,IMI,, Galaxy Park I MY IOATWI AN ! ... nara3A•S T/3 aTY/rau 0.6. Boynton BeOd�Fl EtTiMMIIIIIIIIMINIMMEll 0.142 M 60' TWlbfb IO TICiSD100 I J T••e.;rl.eld 115' T.C4T•S73 1 1 166650.2,•0Y1f0''WgwOR , 31 $0 eC u Ttob.1200 IP• ) JOadnl 0C0A R TWUDe00 5 3 i.e.i0'a3w.rruda its. nLR•Si3 1 1 .ds' 1 62 IO 11C4.60•1500 2 1 • • �: 6' 11C4.60•1500w���urTea.es b 11611.16400 3n• 3 03.S' 7lG1Rm 1 i _ - r— w.0 a bId U4 w 40 TLGUD1106 1 3 Ca..rwd eee..30 n CO rICuD300 1 2 •�•.ss leas'Owen'5 J161 OS nC41473 l 1 i 1 Y►.4.,n a :::,'N _leek $' 6 3 - - • T;1 A.�Ikxa 1�^3 a ��'' 1. Ea.,..�d..gwn a p I. !! Alaa/Wn LO ♦ CU O.n • N3.et rtleb'>5 l33 1 11m1epAfIe IAW14N}gM 1 ZS 4501•6:1C1666..A I.A.M Wn.,vY�!D Tau'.lwQ 211.21 WO 0uwsnbd Memsenp: The IIaU YNAT.CY de1e•Red 0Oae 1114111114111141114111111:1441\' . < s p.n.kwd PC,VOL,A 41140 War...11Y dosvrint and �'� Igss a a95 Or,depnert.I geld. MN N4aWnmenb: KVIOeel field neastarments may very 'j ,� /nsm comgdervdcutatedlred'c•3ws we cb.dl*hk.n E 'n sew•de nu wee.034A 0i.41i. `� 1 y} tla.Mul Sym.rn O.4,.wes: Refs.In An perm. I[ CS'� l 7TIISPutand/ortne 'NWT.Central SWNm Summer(' 1 bdMlcel s:T'S. • 4 •s '.~,M•Wbl,ae e.rea of N'rr eNume�le.r nrrri btabd w,tbn 3 feet IIri of lois.04a2onc is • YW 1,, . i ...., • 4.4 tit' ./ , T. 4 I. ..i. lls,'F �A ...• ' y or aJ 411 —1 . VILER FTP 1 M , r NI, I! pummu ,»»»»y3.rmrry ...loam.!,,®e..seeee.r3r. We Make It Happen. • 0.0 MeaeedeeefA II �e•..r•w•4••�.rr♦Iweel..rerw..Tem 'W RINIDOFIGk IGs Y •Me •124410,2A 1 .,66 YAM uum..r.ee+Auc HIUM/NATION SUMMARY t...a. Galaxy Park cr•I L A ON SU , '�•t• LUMINP I1VPi cryfroft sovntpn Be 5,it 2 I ALAI w 60 11C$ID650 1 1 w TLCt6D500 2 2 t°722112 0111,111 • r•Vv3ta0' 1s.s' t;Gr-s•s 1 1 yat�t o ' a —al w w nC-t1P:100 Yr a 1 _ (M• SO nw®f6o a 1 .• • ; . if V 1100.05 t t R w l - co ¶SCU hl2W 2 2 - ..y.r�� aC nC1a0e00 Lf• c Erre Gd 12.2 31.0111-05 I - .3.aw 10.1110 -- . 2 { 0-0 6O. • w nG1fP1200 : 2 • a ef6s b III w 1216D60o 2 2 Mlyd•v.(ISO _ ea nc-R-va s - - • w 0m • r 1 ab sS Si j Woof corn O At mAbe leM:elaCve to tea 0 a•- 1.41 _ 000116110011110110“10 tani6'Immure salhef a 5*0 to Oct n.60 ne 0011 aedon Amledc mra A,a N.stamina M ae Tat al1.4 lite Wo g 1 •'I Oura.taad 1000,1001: The ILLWINATIDN 0060____ M + • hW a -antw Mdw ed per eoo W••••••1••e. C caaea-I! E a'. } N 001 a 045 01000400 lacbr. I 4 i 1 afeMM.t*, web: IndMAWmold me$0000 may rant hoes mesputennaloi1N*60 ae 0Ions std"Quid be tate. In awWaann w t)IESNA Ra 415. ��r,��a.y� • +, U•Ork•ISy6twn 07.00 010 Rgertc Amperage I .. -""! ,. ..enes Orarfwta.dlw the .1A.sew Central leltees Satmn.n' y i ; _ _ Mr NaeYkal Mtn,. i n - _ R arWataa.Ree.hOarftr R.Wh atsuroa a s% ` ' nanlnals000 at Pne side al the Curerend■t�a,01. £ t }4 1+ V.4,y •t ~ tooted wldYe34at;Lei d0epgn a>LHMa e......, r i ja £. If 641.11. iii, } • 1 `\,� 14 1 F Y . • . I • ♦ - >• e . i. i.i.: • C n f t i __......r fli is 1. } _ 4...1 - Allit a . . _ ,,, . 1 , . 0• MP • q,e s SCALE IliCM1:80 • j o'- 1111 00""1..� .eNla�wu 0 0000 awoken. W Make R happen. 1000.d40.003.0) . _. v...ENG:NESE!,at-swi By: •Fk*2345854•12-Mar-24 .0-, r•t r : 11.1:MI\ATiON SUMMARY 5 - I 5 — '3! • , Galaxy Park i 41111 I Beynddn Beach,TI. {y.. _ EB.IVO!at IA VOW • Navrn� t f ea roan 11..416.1 Solo,H..a..m.mr 0.,e,to an.p..H. Drawchan..d/a 1.n. -1.w.•co61ml syten.Summar a p h.O.Or..ohli.Man: 11eu::,.n.ee t 3% I i ,' - -• Iand of 00061.1 wUln 1,..rt II.)old.H00000.1tn00000.1 Qi' DT? .0.. f21 r ime m00/ ( h01.00a61/ 061 : Ie0.ff0 1 p 1.i J ..�', 60' tV. *1G16DA00 05.5 nc ltsn 1 t' SA 50 ar 'RC-11611A .1. ("S '� of 11.0,30.5,1 1 . A 1 H: j Of w 1.1IIc 6D-so sir . P.' —, !_ us •1(66-70-0(7 1 6 tIE d a AIN f n� I w . 11?ca carosr, .I iii►►► If a •.LV III` `-hy fltiocNrre.11hes.a•ce ea0aak nrowt ry 0:00pre100 UIMa lM.aatrr OM/ft Draw Chin .-E a.war�rt. on�r..�.w..•. y�Ir f. .� ..t....•.•... Int CM IV rt .n a'Ii1 r I i t, `�.b7.17S of la t: 16 .1 1 'WOO-11C° . �! t. 66 as 4 + 31.64.0-550u O` 6 { ,,,......,0,D u ./ -a .. a. .''s 11 giracmtmcs J 1 • 1.T .. 44. 2 r - . - • 1 44. il.',11.,' t , . v. • I tiltlift f r z • r , • i, Sd6E N NET t:Ea Cr ,...... ��"". ret.l..!.o d..ewwn.M• We Make It Happen. V Os I10r.4o.repoatty)Zof••h....tw._. u .......t....une.wd.0 r...s.l 12. 0 1H ENGINEERED DESIGN By: •rile 1,214588A•12-Mar-24 r./1.1f Oros m..rtY.r.iFeilG Eq;tIPMfNT IAYQU7 112115336"232 Galaxy Park 1.YTT .00CI00 1¢a ' � 0.66.6,401/0,00 1[00/4011 eoyntdn BdaC�.F! a N-01 40 q 1404/0240 1 '.s' W /1040010 2 ewe 11441•IDP 35.1' Mai RS 1 wtMimaa100 3 31 q 10 T0C 10.1000 Ur is Above 044 60 MAW-1W a Tlc15.1' 4401114•5SSS 1 , , 110.616011.141114906.1.161m4 1 q Cd i1D.1300 1 1 e. worm.yM arglpxbod q Mti10.R0 00° IMO 0.11 ' IS 2. t1U T.17S 1 1.........n.60110 Ci-0 60' q 'tt 111}1N0 ] r hapdtexr 0.34 q 11104/0500 2 (SS 11GBL50T I - r T N 000 i 1x41[ a3 b 1 2 W.1 ae.e.:.S 1./.;."...•fiord.Wl rmbtM to�e god i� 1 IUMiNNt3 eolit4Oron! I•I\h alructw.Man a Oxw*4000 nwnel.a 004PM00• 1 i bd�riavo 0.0 • Me.of Londeur•s s MO a3.11 IM l � 6." 0•w « ..la hrlerwma: The 41UMlhdntNl daatonefeed atone .►f Navrenu.d der ror hd•sc Warmly 6w/rum and i • r♦ Wades a an J» *.r; e _ 1 .16 ` aria adeennern.n s0 I orlA valfxlo.xaruene...s t0 env lrem do. 0 lortol.fated reedlabM ra and should totem _ e 1 J Ora wd1",lathrNM 07.6.12. marara _..__. ...+•.... *74 •. ��A ^�~ m4i amR +F •;••• wchatmeMie fanlroishaT M egad.suing. Vd , • 14.0•14.424.Aeladmetwo: wwtu NS.116 x51 .• , nominal voltage al line rile of Ow bhp.and 11veh/.t ; 4 r.4.T.` K located-el tan l feetfl.,0 or 0004.IOONo,1 Ili -.- iiiii!'. 1 VI • ljk, , 1p— "t lk . R ? III '-y• `' '� l 1E4 ,'„ " . -- i_ ti tl ,.' , li 1, ► . `` V — • nis .1 t4 Y . • art • SCA11 IN MT1:d 1' r i0. >INIMIIIMIRlllinirM Poeaie441«tt)9 dl,..< n .d..e',ath. We Make It Happen. ENGNEERt1I Dr By: •File/234588A•12-.far-24 w ice 4e oor.r..n•a Odel(11 6A _.. �.,� erI•h•saens w• e- ., -.-..wg.er,Ifz. ILLUMINATION SUMMARY l Galaxy Park w eo nlon 6.141,Pl. 7t'r .Orn110. 922 .... .61612^000 WMiknAC MC Qr'IreLe e.. aw r 2 A1.42 •20 H TLL1041O C I r1�lMNR/ O 114.024302 2 ' �"'!y0•W Swam 300 a MP l 11 C' I a 11.C.1.10.12,01!2• a 60. M110910 3 ] - •t• 1113. 1 u 61 20 14111.120a 1 2 ••a'•sionaasr2a..e ara 60' tI LED970 3/r I Seth ail ;Cer.sta 1 1 . Won A.•ep COlfa r.2 UQ 60 • i f0' P&tW'I203 2 2 _ Mtn.lrr OW W nCim]Op 1 21 cUr OW 0.2' n<4919,, 1 1 �Pµ�_ f 43 _ �fTi p •a ilAA WAIF WIQaW90M 4 abve area•r«.I..latiee to ae a ala Int AOehd orals A,1 •fN>29515.26.t�e>a ba0t•t►Oa0l nWn�eWlEtaatbe MwMrY>' 4. Irn • 94 //'' • �• y Total wad 61.11 kW I G IC dPMordmreM: T1141.,411114110,9de.albad abet* 1aiW 11'019 oer yd,r Moto Wane*&arrant and N0ddea a 0 92191 Oevredankm, k ♦ •1 a.5.M..sobs.k. 1.m.2adnaa2 091.00216 rase•an • Iran ,100•.ukulat•d P I Sion anal sboJd W tate r'l1A In atoman IV tit lE6W RPd1S, d ea/ aakaf sy.aaatRp • ulrn000, RNtr toA •rrN[ dewL.artarrVathe Mrnaofor.WlSyrt Sem*wy kr Owe/cal s'yni, ''"�•.. • I.a1ialb Ee0e Y..,*r: Rrawn.207,••2; r111 t., aomrna001114110.111 side d 2211 a ewer ane>tru lvas 1'. f y 111 Ippt6O Wein 112;:,1 atawDt reat2ens 111111\ 1111( ••� �r Iii �E i J 3 } a , rf tt i ir •,..r, I** 1r s . ---f u as ,T._ ... r f .44 L AV•1, • • •1111 i 4 'r.4i$r I • �'/'J���\f SCALE III FEET 2:IO `LY/M .0.� 4 r rot.kr m dimensions rebel,. Via Make It Happen. ENGINEERED DESIGN Ey •flkf1234588A•12•Mar•7A eo1a��spoe�a>� n'•a••�^sad..•M1•nm+an.t+ww.aa... •Ol0..ww Iowa ucO L IaTl•5r2walYar5nt :.RINIMAIION SUMMARY pment`G.tcor:nrca;Sh¢vtn '�-- -- iF9ul Galaxy Park Pr nra imonCM 1122 l�a,n wr.1a m . rnt r ,, ttY ,e a 90yne0n eaaan,FI 1 7 u td •0' ncim1100 a!i• 2 2 W TIC1EO10C 3 0 3Nano Wawa.Aftra 135• TtG6T.S15 1 0 1 Ilea JAl.o)'/1(o•au4p•tN U,' 1 01 1 W 7 W RUFO.UCO 2 3 3 w loauR lOA'mJOP �_a{0.S� TIC{FG$00 1/1' a t• Ma�.1JJ a0pr4lnda •T: _ _ TI ncrt-g1s 3. , AO.4a6ndala ir•11*131athe Geld lmrw4eearopgad /aMpm+nal�•t•Oadats0110 month*WrdlgW11300 ' 7 ar a aarawa 1t 1�." r II • M•••••••.•f ,5 ad.ya., J I:r VG(Wiwalt pal 111 1i . :u 014 Na etadma » atlMI ia41 IFioRMAT1oN aewu.0 Oman,e b.I1 anL.eae•'f T glad 3.03303 1 .. 0•annlnad Parfamanak TM 11.0M WNAclaw,N clat tad 4t:b.e 11 gap adeps per yotr MvtO'Me minty document ono maapdaa 3 IY.alt d•p•dealo•lam,. ' p 3Wd MAeaeuameab. Ydvatual Yid nauva.a•ny• may vary { from b cam pvevk.and pradabpe art tab be tabu • in evada,n Waa 1r.:Na•P4-1S. - NCMW System V•0u:ne4.lfa .Veer to t'no rage Ono CFM ardor•a •.dine ConMol y.lemfamn•K it 1w alatN..a Wing.l N.Ya I•lan•Vu!rota.r. 0.ewlh amenat3% { 001.1^a1'40414431111w 3#/e of 0IO•d I andehpt:.tet I I, f br.Na•••1.1n 3 kd•d .Ifml o' g•minae, 41 i r �1 1• q ff a '1 4 3 I t 1 I 1 • 1'r V f. tai k4. 4-dEc4:3 : a rr SIE IN(FET l:3a . f "r' GM ?oto WO el etw:1kman Woo We Make It Happen, a D' 01 t00.0,03-mat 0co00.bT ENGINEEREDDESIGN Sy: •F8ag234588A•iZ.Mar•24 '- - •�•..l a.•lbr•aa..m�.4.m 44p •a—• •w,w,...�mum ow,el. N IUMIRATION SUMMA ' Ai/N OWA tinu vN'wnil' >..•w..__. . •,.+.I..••s WN•......♦,.•.�... _ . . _. dZ-�MNZL••dBiS►EZt hI•• :eY CA. AA aN95.1C tBY33NI0N3 .06 ' -medal,3!e�W 8M .�,[.............��arwr•M•N. eta17b MAOe , . • .0 . viallL4: IP 67 > a ,� I •. Y I � inked , Ir • 4 , ow. � 1., I • • XRf • • a q . 114N i • * x�'• , •-,..,-,u[(•.P Y•I•[)WI S.Pt•N.,P•I ,•]I copu.41 P,•u•WP•VIIO.PP•W K Nryo.i,.w nsf �• .. - %(i•V...•.[ a,s a[s..F*9*011904.1 's.r„(C,V,.1.o. St9',33J.NS}•.u.,•w•P.t0»y .0919 .w ImOus.u•wax NIP PIP min.n .w (n,wx ., , PiM;II^PY.•N "...imams.,PI4I '..uIl u.P•n•,••P 140 taro•.aPn%ul Put••u..,OP MV.INM cm W Iaal Sc!,t•.wt.al II ...q•P.31.=..0 NOL W*INITTP MU 'M..uoSPQ palm... M41*611 P.o!N.•l •>vm.APgOft Nou♦W sati un.hw ni P, 00,w w<n •to In t i (0e lu.,v.P•:it DT •••••14.1., .. wn..W 1111111a- ... •r.. •[•..N3 Pq[•MNpI em•wa•w,Py0%101%9 P.% m IrN%•eN• 9/41.1 w w,.. .a n,,•r•.•.wN.N•MM••M••NV• v LL o T � YLOL .sit [ .t/[ 006QT-711 m •Pv w.Ge Of 1491CC -- O P toticlvTu 91 O, I. I .OTrt•CO[:0..5 0 T Kt-O TSS O•V>,Oueq•mY.Wt/�•NS 0 [ C06.011,311c-,itl Jq p••••464.1•••••• C .L1 wtem»u as A• to T 1.11111111=111111.1111111 li V»ag uoL.l o9 nt. 7: 1111.0.1D 3.1A1 IM'••'ml 1....7.:..., '..r.... art COavam un )C ed Axel.9 �w� .i:4,4 WC Act 'aat,41t h1 C. CONTROLS AND MONITORING kgco Galaxy Park, 34688 System Requirements: Control System Summary NProject Name:Galaxy Park)Project#:234588 Control System Io:1 of 1 xe, Distribution Panel Location/ID:Service One Project Information Cj' No Control System gsk‘ '6 -t�,project Notes: Control System ID: tee Control System Type: Control-Links trot and Moring GG, System Communication Type: '`� •Nra verLine-ST Power Require � �y � Equipment Listing Control cabinet(s): e, zor -- --- - Control voltage to neu 110/60 Description Qty Size(in) VA loading Inru3�l 1553.0 Control and monitoring cabinet- 1 24 X 48 VA loading-Sealed180.0 primary �Lighting Circuits: � Contactors,30 amperes 1 Voltage/fiertz/Ph 240/60/1 Contactors,60 amperes 3 (_,C)� Off/On/Auto switches 2 Important Notes: 1. Please confirm that the lighting circuit voltage listed above Is accurate for this facility.This is the voltage/phase being connected and utilized at each lighting pole's electrical components enclosure disconnect.Inaccurate voltage/phase can result in additional costs and delays.Contact your Musco sales representative to confirm this item. 2. Ina 3 phase design,all 3 phases are to be run to each pole location.Musco's single phase luminaires come pre-wired to utilize all 3 phases across the entire facility. 3. One contactor is required for each circuit at each pole location.Contactors are 3 pole and 100%rated for the published continuous load. 4. if the lighting system will be fed from more than one distribution location,additional equipment may be required.Contact your Musco sales representative. 5. Size overcurrent devices using the full load amps column of the Circuit Summary by Switch chart(Minimum power factor is 0.9).Size conduit per code unless otherwise specified as larger to allow for harness connectors. 6. Avoid use of in-ground junction/pull boxes when possible.If used,ail wire connectors must be UL listed for Wet Locations to prevent leakage current. 7. Control power wiring must be in separate conduit from line or load power wiring.Communication cables must be In separate conduit from any power wiring. 8. Refer to Installation Instructions for more details on equipment information and the installation requirements. Sales Representative:Tim Imhoff I Project Engineer:Logan Schlee I Scan:234588A I Document ID:234588P1 V1 CZ-0312134917 f i ILS Q www.musco.com l lighungwmusco.com Page 1 of 3--12-March-2024 System Requirements: Control System Summary Project Name:Galaxy Park I Project it:234588 Control System ID:1 of 1 Distribution Panel Location/ID:Service One Equipment Layout and Connection Details ((I rl� Lighting system .01 Control cabinet location i Ij i 2al ` a 1G - ..I Connection Details Equipment ID Description ID Description 1 a Line power to contactors,and equipment grounding conductor.Requires one 1 Control and monitoring cabinet- circuit per contactor,size wiring per load and voltage drop. primary 1 b Load power from contactors,and equipment grounding conductor.Requires one circuit per contactor,size wiring per load and voltage drop. 2a Control power with equipment ground to control cabinet.Requires dedicated 20 A circuit.Provide transformer if control voltage not present. Sales Representative:Ttm Imhoff I Project Engineer.Logan Schlee I Scan:234588A I Document ID:234588P1 V1 C2-0312134917 l R www.musco.com I I gmusco.com Page 2 of 3—12-March-2024 System Requirements: Control System Summary Project Name:Galaxy Park I Project 8:234588 Control System ID:1 of 1 Distribution Panel Location/ID:Service One Circuit Summary Switching Schedule Field/Switch Description I Switches Baseball 1 Playground 2 Control Module ID: 1 Lighting Circuit Voltage:240/60/1 Circuit Summary by Switch Switch Zone Description Pole ID Qty of Full load Contactor Cabinet# Contactor Fixtures amperes Size(Amps) ID 1 Bneebah AI.B1 10 43.17 60 1 C 1 Baseball A2,B2 10 43.17 60 1 C2 Baseball Cl,C2 10 47.88 60 1 C3 2 Playground B1,B2 5 2556 30 1 C4 Sales Representative:Tim Imhoff I Project Engineer:Logan Schlee I Scan:234588A I Document ID:234588P1 V1C2-0312134917 _ www.musco.com I lighting;tamusco.com Page 3 of 3—12-March-2024 D. STRUCTURAL INFORMATION 1141 i2c0 slaxy PMt,2468tl PRELIMINARY FOUNDATION AND POLE ASSEMBLY DRAWING ___ r T�A6L6 POLE AbSEMB1.Y ?ABLEY T)OA PIETAS I ...1_. _ . .i_ -'I .OLE AS9EYBlFO CONCRETE s BIR W.INPDRWTlp1x• EOM VING ROU rand a�1 OlE M[torn •� PCW W[(OTT), PaG 6A66WEYMT 0 N CONCR6T[BACIcSt.'�'�- SOPPt5MINTAL { 40 0(nl LU13NA-RPS b{kpl IN kN in 0(N).- yY(4) O�/Q! TYPE 353TRo.CTICN At •• 60(103) 4 i&72 NM) A•. )750(1700 30 p42♦ 14 M.3)' 14(1.2) NO '04TEOR3TWOs WA X42 60!16]) 4y !6221026) 42 3750(1701) 30(7132) 14(4.3)• 1.0(1.2) NO INTEGRATTO' WA ---I2- RI .00;153 ' 0 . 2902((310) Si 5710)2343) 30 962).16(4.0) 16(12) NO )INTEGRATED. WA 1 e7 60;1[3) o { _2600.._.(13631 82 321403471 >D v42)•t4 N•qI T.8(1.2) • 140 INTEGRATED* WA Ct 00;14.31 - 6 ( 2410(1187) Cl 52,0(2383) 11301762) 1314.0)I 1.0(13) ND .INTEORATWI wA C] 00',.'63) 5 2640(1197) 02 5210 C2768) 150/7421 16N.59 13(12) NO 'I TGE:RATED. WA . Polo 0..40)17 Halm _Y aFnundaeen Notes' 1.3tad pda shaold 0.5715 arc;cM ssn and bs.. 40061 vim 1 1/217'come-Moses!cawww pro.lcd). I.0,aoae b4Gda.s calculated b 26(0.6re)641ar pads(no os.Wo.'Mudsdl.rap 2 0(0605 b as des 5 soil I-1 I!webs!) 2 Allonwwdm ab as 005 see5sne! as!assenb"09 Conpac941099%de•vilya umo.s5Glg usdsiebe4sol.alae dhsn{H waceed is otaraNd e9Ktad 7asl1n -7- 3.AssaendOO els weight'..8317Wel SoNbs3.0.00.155.40.5.1cc.50.005*.;xm 10^.00 ancos.res.II 608 2:Masts MAMA.4N:e0IMO D6n7126MPa)WO... has starved 3Pucbd 011.07 TM use ode was7110N1ad is 0.5cd Wca)M 3.Fay50e*as deA n Tk'2023 FOC.172 W.Noama ca400ry C..151301500020.7Was I) 55 ms mO .106)0.0udysl Ses(9rr deco men( 4 Asea was 10C Nass 5 sass1).--2.1,:, S.5ece5 mast 0a 00150/01 b 5001 155 ud0 slap 0eawr anent 116/0 3.s1.6 A(150 m 7 m) 5 Wawa.S7NS!W•201 . 05400 837.61***N 601. N Mw ss* out.rmti p+smr:as)9q p rdsar 55.5 alsPa0 ■Qp 5.1^600001•311Nrdl 0101004 Wrla NMauamNr'5501610.9n/1050504011.10 Men•Ly0FSlnesura :hnbel SI M meeralo iM instruct,. L' Sy71sn'011(Xpsp Syaasm ra as sale.nsemay 5.acs3v.. 8:iglMup antes-was•••msadattra•r.0010 eoacra).s<es.d 0.)700.sri coawc41'-Cra00 tewebr'a node _5._. sawn Casuals base Is I ndA9sd owl WW)Is payed No addtonsi Map•egli.. Ysma6 1 tl 5 Deal A s c sur r- ;-7- 561 6, Dell A WING _f .1 i,:..............,l _r i tl._ litd lelleo .w _mss :.I Dile a r -r- E • 'Fteyrated i[1:1 111 1,.,u��9 !! gnat 1-- I A Gess,ask•byr • es Beads*LUTA ^ CAW 837.0124 10*501.rt s Sods 400•• /41:414106.412, 617)10 4 .5 Ts.a* hoe: Ids • -=s a••• ...n...saw onsa...r e.0O........................•••••••••••••••••••••.•.• Rol.:aFd. 075614 0•41.1105•405•. ) E. WARRANTY 41)6gco Galaxy park,24588 ' ,. . . . . . . • . Initteico evnivtiant 25TM ..:: &I.C1C0 i-yt• '' 25-Year Product Assurance&Warranty Program i Project name:Galaxy Park Project number`-34 588 Cityof Bo, nton Beach C Boy nton Beach FL Owner: , City: / state: C Coveredproducgs): Light-Structure SystemTM with TLC for LED TM technology Date issued:Date of Shipment Expiration:Date of Shipment + 25_Years • ez Musco Sports Lighting, LLC will provide all materials and labor to maintain operation of your lighting system to original design criteria for 25 years. Musco products and services are guaranteed to perform on your-project as detailed in this document. Light Performance Specified illumination levels will be maintained and are marked as guaranterid in the Musco IlleTination Summary. •. Individual luminaire outages that occur during the warrantyapd maintenance period are repaired when the usage of any field is rr.aterially impacted. Spill Light Control e`' if specified,spill light levels at identified locations are guaranteed to be controlled to the maximum values provided in the Musco Illumination Summary. Energy Consumption Total average kW consumption for your lighting system Is guaranteed to be not more than the total load shown in the Musca Illumination,Summary. :1 Monitoring, Maintenance, and Control Services Musco shall monitor the perfotmance of your lighting system, including on/off status, hours of usage, and luminaire outages. If outages that affect playability are detected,Musco will contact you and proactively dispatch technicians. On-off control of your lighting system is provided via an easy-to-use web site scheduling system,smartphone app,phone, email,or fax:Our trained Control-Link Centrarm service center staff is available toll-free 24/7. Regular usage reports are always available on Control-Link Centrars web site. Structural Integrity • Your proect has been designed to FBC, 2023, 170mph, Exposure C Structural integrity of equipment manufactured by Musco is guaranteed. e-- Musco has a team of people to ensure fulfillment of our product and services warranty and maintains financial m, reserves dedicated to support our fulfillment of this warranty.Please keep this document as your signed contract guaranteeing comprehensive service for the 25 year period. -Page 1 of 2- „ e700S,2019 Mdoo Spats Lighting,LLC 144MdAd1 „.,. , , • . . . Firik4 ,,,,,,iiezi,a, condte,int 25TM 25-Year Product Assurance&Warranty Program Terms and Conditions Service under this Contract is provided by Musco Spoils lighting,LLC('Muscoi or 5.Contract Limitations: an authorized servicer approved by Musty.Services performed under this Contract a.EXCLUSIONS FROM COVERAGE:IN NOEVENT WILL MUSCO BE LIABLE shall consist of fumtshng labor and parts necessary to restore the operation of the FOR ANY SPECIAL, INDIRECT, I NO ENTAL OR CONSEQUENTIAL Covered Products)to original design criteria provided such service is necessitated by failure of the Covered Product(s)during normal usage.This Contract covers DAMAGES WHICH INCLUDE,BUFME NOT LIMITED T0,'SINYDELAY IN Product(s) consisting of Musco's Total Light Control - TLC for LED® with RENDERING SERVICE OR LOSS OF USE DURING TH REPAIR PERIOD Control-Link®and any additional Musco manufactured product as listed on page 1. OF THE COVERED PRODUCT(S/d?R WHILE OTHERWISE AWAITING PARTS. 'We.'us,'end'our'mean Musco.'You'and'your”mean the purchaser of the Covered Product(s).Nc one has the authority to change tris Contract without the b.Limitation of Liability: To the extent permitted by applicable led, the prior written approval of Musco.Musco shall not assume responsibility for their liability of Musco, if any,for any allegedly de"ferve'Covered I'oduct(s) '. agents or assignees other than as described below.If there is a conflict between the or compsnenfs shall be limited to repair or replace nee%of-4te Covered terms of this Contract and information communicated either orally or in writing by one Products)a components at Musco's option.THIS C NTRACT IS YOUR or more of our employees or agents,flits Contract shall control. SOLE EXPRE S WARRANTY WITH RESPECT TO'WE COVERED PRODUCT(S). IMPLIED WARRANTIES .MATH RESPECT TO Additional Provisions -Hit COVERED PRQDLICT(S) INCLUDING'fir[.NOT LIMITED TO, IMPLiEI) NARRANTIEScF fiIF.RCHANTABI(ITYr/IND FITNESS FOR A 1. Availability of Service: Control-Link Central""operators shall be available PARTICUt. R PURPOSE,ARE HEREBY" XPRESSLY EXCLUDED. 2417 via web site,phone,fax,or email.Maintenance service specialists shall be available 8AM to 5PM Central Time,and services shal be rendered th4ig c. For the pursh�fandbyyoureco9�fanaeoflhisConlrad you acknowledge these same hours in your local time zone,Monday through Friday(within@ and etre f a surety bond('Bad')is provided the warranty and/or exception of national holcays).Hours of operation are subject to change withoutlnttertenee guarantee provided for in this Convect and any corresponding notice to you.Musco vial exercise at reasonable efforts to performiervice under tial leen behalf of the issuing surely under the Bond is limited to the first this Contract,but will not be responsible for delays or failure in performing such twelve(12)months of said warranty andfor maintenance guarantee coverage services caused by adverse weather conditions,acts of any goverronent,,fatWre 'period Any warranty and/or guarantee coverage period in excess of said inMpl 12 month period does not fag within the scope of the Bond and shall be of transportation,accidents,riots,War,labor actions or stakes or other causes the Sole.responsibility of Musco. ei beyond its control. 2. Determination field monitoring system and d.Muscorequires reasonable access for a crane or man lift equipment to termination of Repairs:Musco will uti any information provided by the customeo6 determine when tie usage of the service the lighting system.Musco will mol be responsible for damage from field is materially impeded.From this infor mater,Mesep will determine neet(ed gpetatirtg the vehicle on the property when the equipment is operated in the repair and/or replacement of Covered Product(tt),arid parts.-Repairwrll be with prescribed manner over the designated access route. Products)el like kind and quality e.Obsolescence or Environmental Restrictions: if drairg any maintenance 3. Your Requirements Under this Contract You mus( meet all electrical a other work performed under this Warranty, any of the parts of the and installation require)rnentg es specified by the manufar .urer. In addition, Covered Product(s)are found te be either obsolete,no longer available,or - you promise and assure. ful cooperation"with Musco, Musco's technicians prohibited by any state of federal agency,Musty shall replace said parts with and authorized servicers during teleptigdne diagnosis and re a of the comparable parts and materials with equal operating characteristics solely at Musco's discretion.The cost of replacement of any obsolete cellular related Covered Product(s); reasonable accessibility of the Covered Product(s); a nonthreatening and safe environment for stjtvice. technology shall be borne by you.Prior to completing any such work,Musco shell notify you of the cost(it any)you writ incur in the replacement of such You relive to check fuses andlo replace fuses as needed.Musco provides parts under this section. '4pare fuses um the lowest alphanumeric numbered enclosure. Mustin will replenish spare fuses used. 6. Transfer and Assignment Except to owners,you shall riot have the right to assign or otherwise transfer your rights end obligations under this Contract , You agree to kee(3 your control systerq online.This means keeping the required except with the prior written consent of Musco:however,a successor in interest control volafge to the control system al ell times.Any deviation from this practice by merger,operation of law,assignment or purchase or otherwise of your entire must tie discussed with Musco's Warranty Department. business shall acquire all of your interests under this Contract. 4. lSeevke LInitations—Thio Contract does not cover:Maintenance,repair, 7. Governing Law.Unlessotherwise governed by applicable state taw,the Conrad/ or replacement necessitated by loss or damage resulting from any external shall be interpreted and enforced according to the laws of the State of Iowa. . causes such as,bud riot limited to,theft,environmental conditions,negligence, •• misusexebuse,improper electrical/power supply,unauthorized repairs by third B. Subrogation:In the event Musco repairs or replaces any Covered Produd(a), parties,attachments,damage to cabinetry,equipment modifications,vandalism, parts or components due to any defect for which the manufacturer or its agents or suppliers may be legally responsible, animal or insect infestation.physical damage to Covered Produd(s)porta or you agree to assign your rights of components, failure of existing structures, supporting electrical systems or recovery to Musco. You will be reimbursed for any reasonable costs and any non-Musco equipment,or acts of God/nature(includig,but not limited to: expenses you may incur in connection with the assignment of your rights.You hurricanes,orlightning). will be made whole before Musco retains any amounts it may recover. earthquake,flood,tornadoes.typhoons, Signature: Vice President of Sales • -Page 2of2- mos,2etaMew Spoils tbl ,u.0 1,142111•01041 F. PRODUCT INFORMATION ASiC0 Galaxy Park,234588