HomeMy WebLinkAbout2024 11 18 Regular 500 - Central Winds Park Field LightingREGULAR AGENDA ITEM 500
CITY COMMISSION AGENDA | NOVEMBER 18, 2024 REGULAR MEETING
TITLE
Central Winds Park Baseball / Soccer Fields Lighting
SUMMARY
The current lighting for the baseball and soccer fields in Central Winds Park are 30
years old and in need of replacement with newer, more efficient LED lighting. The
new lighting will eliminate the loud humming and reduce the operating expense
monthly as well as the overall maintenance requirements. MUSCO lighting has
provided a quote based on Clay County bid # 23/24-074 through their Sourcewell
Competitive solicitation process. The quote is $1,235,214. Another quote was
received for the identical product from Duke Energy at $1,402,770. A third quote for a
different lighting product called Ephesus was received from NGU Sports Lighting at
$872,000. This third quote lacked details of equipment per field and indicated there
could be additional costs for installation as required by the lighting designer. Staff
recommends using the MUSCO lighting product due to past experience and known
reliability of the product. Funding for this procurement has been budgeted and
approved in 2025 Budget. Staff also recommends a contingency of $14,786 for
permitting and any unknown expenses.
FUNDING SOURCE
Funding has been approved on 2025 Budget: GL 303-41-0000-560650
RECOMMENDATION
Staff recommends the City Commission approve the purchase of the Central Winds
Park Baseball/Soccer fields lighting from MUSCO Lighting for $1,236,214 and a
contingency of $14,786 for Total of $1,250,000. Additionally, Staff recommends
authorizing the Interim City Manager and City Attorney prepare and execute any and
all documents consistent with this agenda item.
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Musco Sports Lighting*2220 Cluster Oak Dr., #H.*Clermont, FL 34711
Telephone (352) 243-9999*Fax(352) 243-2791*Toll Free (888) 962-8080
CENTRAL WINDS PARK
BASEBALL / SOFTBALL FIELDS
SOCCER
Date: November 5, 2024
Equipment Description – Equipment for Musco lighting design #
Sports Cluster Green™ System delivered to your site in Five Easy Pieces™
Galvanized steel crossarms
UL Listed remote electrical component enclosures & Pole length wire harnesses
Factory-aimed and assembled LED luminaries + Ball Tracking LED luminaries
Also Includes:
Musco Constant 10™ warranty and maintenance program that eliminates 100% of your maintenance
costs for 10 years, including labor and materials.
Guaranteed constant light for 10 years.
Control Link® Control & Monitoring System for flexible control and management of your lighting system.
Lighting Contactors sized for site voltage and phase.
Installation of poles and fixtures based on Geotech information.
Pricing listed below is based on Clay County bid # 23/24-074
Field Description QTY $ Per Total
300' Radius Softball Field (SCR) 2 145,588$ 291,176$
325' Radius Baseball 1 168,870$ 168,870$
200' Baseball 1 90,581$ 90,581$
330 x 200 Soccer 3 96,296$ 288,888$
300 x 200 Soccer 1 96,296$ 96,296$
Installation of fixtures to existing 70' poles 26 9,500$ 247,000$
Installation of fixtures to existing 60' poles 10 8,500$ 85,000$
Deduct for 2024 1 (32,597)$ (32,597)$
TOTAL 1,235,214$
Does not include Sales tax
Does not include any power company, permitting fees or electrical infrastructure
If project moves out of 2024, please add a 5% cost of living adjustment to pricing
Robert A. DeCouto
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Solicitation Number: RFP #041123
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN
56479 (Sourcewell) and Musco Sports Lighting, LLC, 100 1st Ave West, Oskaloosa, IA 52577
(Supplier).
Sourcewell is a State of Minnesota local government unit and service cooperative created
under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers
cooperative procurement solutions to government entities. Participation is open to eligible
federal, state/province, and municipal governmental entities, higher education, K-12 education,
nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Sports Lighting Solutions with Related Technology,
Equipment, and Services from which Supplier was awarded a contract.
Supplier desires to contract with Sourcewell to provide equipment, products, or services to
Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts
(Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
EXPIRATION DATE AND EXTENSION. This Contract expires June 16, 2027, unless it is cancelled
sooner pursuant to Article 22. This Contract allows up to three additional one-year extensions
upon the request of Sourcewell and written agreement by Supplier. Sourcewell retains the right
to consider additional extensions beyond seven years as required under exceptional
circumstances.
B. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all
payment obligations incurred prior to expiration or termination will survive, as will the
following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All
other rights will cease upon expiration or termination of this Contract.
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2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or
Services as stated in its Proposal submitted under the Solicitation Number listed above.
Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated
into this Contract.
All Equipment and Products provided under this Contract must be new and the current model.
Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated
in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance,
Equipment or Products must be delivered as operational to the Participating Entity’s site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated,
sales and sales volume are not guaranteed.
B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free
from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will
perform in accordance with the ordinary use for which they are intended. Supplier’s dealers
and distributors must agree to assist the Participating Entity in reaching a resolution in any
dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends
beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout
the Contract term, Supplier must provide to Sourcewell a current means to validate or
authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment,
Products, and Services offered under this Contract, which will be incorporated into this
Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most
current information.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price
stated in Supplier’s Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a
Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered
Equipment, Products, and Services that are operational for their intended purpose, and
includes all costs to the Participating Entity’s requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated
with any purchase option of the Equipment, Products, or Services must always be disclosed in
the pricing quote to the applicable Participating Entity at the time of purchase.
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A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly
packaged. Damaged Equipment and Products may be rejected. If the damage is not readily
apparent at the time of delivery, Supplier must permit the Equipment and Products to be
returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable
time after delivery where circumstances or conditions prevent effective inspection of the
Equipment and Products at the time of delivery. In the event of the delivery of nonconforming
Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and
the Supplier will replace nonconforming Equipment and Products with conforming Equipment
and Products that are acceptable to the Participating Entity.
Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive
in a defective or inoperable condition.
Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally
delivers substandard or inferior Equipment or Products.
B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax-
exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax-
exempt entity.
C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection
of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to
Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed
from the Hot List at any time through a Sourcewell Price and Product Change Form as defined
in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and
discontinued Equipment and Products as long as those close-out and discontinued items are
clearly identified as such. Current ordering process and administrative fees apply. Hot List
Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any
time. All requests must be made in writing by submitting a signed Sourcewell Price and Product
Change Request Form to the assigned Sourcewell Supplier Development Administrator. This
approved form is available from the assigned Sourcewell Supplier Development Administrator.
At a minimum, the request must:
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• Identify the applicable Sourcewell contract number;
• Clearly specify the requested change;
• Provide sufficient detail to justify the requested change;
• Individually list all Equipment, Products, or Services affected by the requested change,
along with the requested change (e.g., addition, deletion, price change); and
• Include a complete restatement of pricing documentation in Microsoft Excel with the
effective date of the modified pricing, or product addition or deletion. The new pricing
restatement must include all Equipment, Products, and Services offered, even for those
items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Change Request Form will become an
amendment to this Contract and will be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and
nonprofit entities across the United States and Canada; such as federal, state/province,
municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally
access the Equipment, Products, or Services under this Contract. A Participating Entity’s
authority to access this Contract is determined through its cooperative purchasing, interlocal,
or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service
Member of Sourcewell during such time of access. Supplier understands that a Participating
Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating
Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use
eligibility requirements and documentation and will encourage potential participating entities
to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its
roster during the term of this Contract.
B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government-
owned facilities, including schools. Supplier’s employees and agents must conduct themselves
in a professional manner while on the premises, and in accordance with Participating Entity
policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under
this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this
Contract; however, order flow and procedure will be developed jointly between Sourcewell and
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Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized
subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it
may use its own forms, but the purchase order should clearly note the applicable Sourcewell
contract number. All Participating Entity orders under this Contract must be issued prior to
expiration or cancellation of this Contract; however, Supplier performance, Participating Entity
payment obligations, and any applicable warranty periods or other Supplier or Participating
Entity obligations may extend beyond the term of this Contract.
Supplier’s acceptable forms of payment are included in its attached Proposal. Participating
Entities will be solely responsible for payment and Sourcewell will have no liability for any
unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and
conditions to a purchase order, or other required transaction documentation, may be
negotiated between a Participating Entity and Supplier, such as job or industry-specific
requirements, legal requirements (e.g., affirmative action or immigration status requirements),
or specific local policy requirements. Some Participating Entities may require the use of a
Participating Addendum, the terms of which will be negotiated directly between the
Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as
applicable. Any negotiated additional terms and conditions must never be less favorable to the
Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires
service or specialized performance requirements not addressed in this Contract (such as e-
commerce specifications, specialized delivery requirements, or other specifications and
requirements), the Participating Entity and the Supplier may enter into a separate, standalone
agreement, apart from this Contract. Sourcewell, including its agents and employees, will not
be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or
in part, immediately upon notice to Supplier in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body
at levels sufficient to pay for the equipment, products, or services to be purchased; or
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the
Participating Entity’s requirements.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a
Participating Entity’s order will be determined by the Participating Entity making the purchase.
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7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to
Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is
changed. The Account Representative will be responsible for:
• Maintenance and management of this Contract;
• Timely response to all Sourcewell and Participating Entity inquiries; and
• Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with
Sourcewell per contract year. The business review will cover sales to Participating Entities,
pricing and contract terms, administrative fees, sales data reports, performance issues, supply
issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a
contract sales activity report (Report) to the Sourcewell Supplier Development Administrator
assigned to this Contract. Reports are due no later than 45 days after the end of each calendar
quarter. A Report must be provided regardless of the number or amount of sales during that
quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were
made).
The Report must contain the following fields:
• Participating Entity Name (e.g., City of Staples Highway Department);
• Participating Entity Physical Street Address;
• Participating Entity City;
• Participating Entity State/Province;
• Participating Entity Zip/Postal Code;
• Participating Entity Contact Name;
• Participating Entity Contact Email Address;
• Participating Entity Contact Telephone Number;
• Sourcewell Assigned Entity/Participating Entity Number;
• Item Purchased Description;
• Item Purchased Price;
• Sourcewell Administrative Fee Applied; and
• Date Purchase was invoiced/sale was recognized as revenue by Supplier.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell,
in reference to Table 13, Question 68 of Supplier’s attached response, the negotiated
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administrative fee Supplier will pay to Sourcewell on all Equipment, Products, and Services
provided to Participating Entities, is eight tenths of one percent (0.8%). The Administrative Fee
must be included in, and not added to, the pricing. Supplier may not charge Participating
Entities more than the contracted price to offset the Administrative Fee.
The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated
in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased
by Participating Entities under this Contract during each calendar quarter. Payments should
note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be
mailed to the address above “Attn: Accounts Receivable” or remitted electronically to
Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments
must be received no later than 45 calendar days after the end of each calendar quarter.
Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to
ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell
reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in
any subsequent solicitation. In the event this Contract is cancelled by either party prior to the
Contract’s expiration date, the administrative fee payment will be due no more than 30 days
from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If
Supplier’s Authorized Representative changes at any time during this Contract, Supplier must
promptly notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records,
documents, and accounting procedures and practices relevant to this Contract are subject to
examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the
end of this Contract. This clause extends to Participating Entities as it relates to business
conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under
this Contract without the prior written consent of the other party and a fully executed
assignment agreement. Such consent will not be unreasonably withheld. Any prohibited
assignment will be invalid.
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C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective
until it has been duly executed by the parties.
D. WAIVER. Failure by either party to take action or assert any right under this Contract will
not be deemed a waiver of such right in the event of the continuation or repetition of the
circumstances giving rise to such right. Any such waiver must be in writing and signed by the
parties.
E. CONTRACT COMPLETE. This Contract represents the complete agreement between the
parties. No other understanding regarding this Contract, whether written or oral, may be used
to bind either party. For any conflict between the attached Proposal and the terms set out in
Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent
contractors, each free to exercise judgment and discretion with regard to the conduct of their
respective businesses. This Contract does not create a partnership, joint venture, or any other
relationship such as master-servant, or principal-agent.
11. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities,
including their agents and employees, harmless from any claims or causes of action, including
attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or
omission in the performance of this Contract by the Supplier or its agents or employees; this
indemnification includes injury or death to person(s) or property alleged to have been caused
by some defect in the Equipment, Products, or Services under this Contract to the extent the
Equipment, Product, or Service has been used according to its specifications. Sourcewell’s
responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota
Statutes Chapter 466) and other applicable law.
12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act,
Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell
under this Contract and as it applies to all data created, collected, received, maintained, or
disseminated by the Supplier under this Contract.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and
license to use the trademark(s) provided to Supplier by Sourcewell in advertising and
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promotional materials for the purpose of marketing Sourcewell’s relationship with
Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and
license to use Supplier’s trademarks in advertising and promotional materials for the
purpose of marketing Supplier’s relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right
of each party to grant sublicenses to their respective subsidiaries, distributors, dealers,
resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in
advertising and promotional materials for the purpose of marketing the Parties’ relationship
to Participating Entities. Any sublicense granted will be subject to the terms and conditions
of this Article. Each party will be responsible for any breach of this Article by any of their
respective sublicensees.
3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided
and must comply with removal requests as to specific uses of its trademarks or
logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the
other party’s trademarks only in good faith and in a dignified manner consistent with
such party’s use of the trademarks. Upon written notice to the breaching party, the
breaching party has 30 days of the date of the written notice to cure the breach or
the license will be terminated.
4. Termination. Upon the termination of this Contract for any reason, each party, including
Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites,
and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed
catalog of suppliers which may be used until the next printing). Supplier must return all
marketing and promotional materials, including signage, provided by Sourcewell, or dispose
of it according to Sourcewell’s written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released
without prior written approval from the Authorized Representatives. Publicity includes notices,
informational pamphlets, press releases, research, reports, signs, and similar public notices
prepared by or for the Supplier individually or jointly with others, or any subcontractors, with
respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be
approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development
Administrator assigned to this Contract.
D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment,
Products, or Services.
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14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue
for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate
state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.
15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God
or other conditions that are beyond that party’s reasonable control. A party defaulting under
this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal,
unenforceable, or void then both parties will be relieved from all obligations arising from that
provision. If the remainder of this Contract is capable of being performed, it will not be affected
by such determination or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and
address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and
work in good faith to resolve such dispute within a reasonable period of time. If necessary,
Sourcewell and the Supplier will jointly develop a short briefing document that describes
the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified
above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher
level of management. The Supplier will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the
Supplier must continue without delay to carry out all of its responsibilities under the
Contract that are not affected by the dispute. If the Supplier fails to continue without delay
to perform its responsibilities under the Contract, in the accomplishment of all undisputed
work, the Supplier will bear any additional costs incurred by Sourcewell and/or its
Participating Entities as a result of such failure to proceed.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract,
or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
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The party claiming default must provide written notice of the default, with 30 calendar days to
cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated
or other damages. If the default remains after the opportunity for cure, the non-defaulting
party may:
• Exercise any remedy provided by law or equity, or
• Terminate the Contract or any portion thereof, including any orders issued against the
Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect
at all times during the performance of this Contract with insurance company(ies) licensed or
authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better,
with coverage and limits of insurance not less than the following:
1. Workers’ Compensation and Employer’s Liability.
Workers’ Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Supplier will maintain insurance covering its
operations, with coverage on an occurrence basis, and must be subject to terms no less
broad than the Insurance Services Office (“ISO”) Commercial General Liability Form
CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include
liability arising from premises, operations, bodily injury and property damage,
independent contractors, products-completed operations including construction defect,
contractual liability, blanket contractual liability, and personal injury and advertising
injury. All required limits, terms and conditions of coverage must be maintained during
the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage
$1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for products liability-completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract,
Supplier will maintain insurance covering all owned, hired, and non-owned automobiles
in limits of liability not less than indicated below. The coverage must be subject to terms
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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer),
or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Supplier will maintain
umbrella coverage over Employer’s Liability, Commercial General Liability, and
Commercial Automobile.
Minimum Limits:
$2,000,000
5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional
Liability. During the term of this Contract, Supplier will maintain coverage for all claims
the Supplier may become legally obligated to pay resulting from any actual or alleged
negligent act, error, or omission related to Supplier’s professional services required
under this Contract.
Minimum Limits:
$2,000,000 per claim or event
$2,000,000 – annual aggregate
6. Network Security and Privacy Liability Insurance. During the term of this Contract,
Supplier will maintain coverage for network security and privacy liability. The coverage
may be endorsed on another form of liability coverage or written on a standalone
policy. The insurance must cover claims which may arise from failure of Supplier’s
security resulting in, but not limited to, computer attacks, unauthorized access,
disclosure of not public data – including but not limited to, confidential or private
information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling
Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must
furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this
Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to
Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the
Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must
be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
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Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide
certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in
this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY
INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including
their officers, agents, and employees, as an additional insured under the Supplier’s commercial
general liability insurance policy with respect to liability arising out of activities, “operations,” or
“work” performed by or on behalf of Supplier, and products and completed operations of
Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is
primary and not excess over or contributory with any other valid, applicable, and collectible
insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or
otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional
insureds for losses paid under the insurance policies required by this Contract or other
insurance applicable to the Supplier or its subcontractors. The waiver must apply to all
deductibles and/or self-insured retentions applicable to the required or any other insurance
maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must
require similar written express waivers of subrogation and insurance clauses from each of its
subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this
Contract can be met by either providing a primary policy or in combination with
umbrella/excess liability policy(ies), or self-insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this
Contract must comply fully with applicable federal laws and regulations, and with the laws in
the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Supplier must maintain a valid and current status on all required federal,
state/provincial, and local licenses, bonds, and permits required for the operation of the
business that the Supplier conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in
writing certain information to Sourcewell related to bankruptcy actions. If at any time during
this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in
writing.
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Supplier certifies and warrants that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs
operated by the State of Minnesota; the United States federal government or the Canadian
government, as applicable; or any Participating Entity. Supplier certifies and warrants that
neither it nor its principals have been convicted of a criminal offense related to the subject
matter of this Contract. Supplier further warrants that it will provide immediate written notice
to Sourcewell if this certification changes at any time.
21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or
services from this Contract may be subject to additional requirements including the
procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional
requirements based on specific funding source terms or conditions. Within this Article, all
references to “federal” should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Supplier’s Equipment,
Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all
contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in
accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319,
12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending
Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing
regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated
herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal
program legislation, all prime construction contracts in excess of $2,000 awarded by non-
federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. §
3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5,
“Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction”). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week. The non-federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the
wage determination. The non-federal entity must report all suspected or reported violations to
the federal awarding agency. The contracts must also include a provision for compliance with
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the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor
regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that
each contractor or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non-federal entity must report
all suspected or reported violations to the federal awarding agency. Supplier must be in
compliance with all applicable Davis-Bacon Act provisions.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where
applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve
the employment of mechanics or laborers must include a provision for compliance with 40
U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess
of the standard work week is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These requirements
do not apply to the purchases of supplies or materials or articles ordinarily available on the
open market, or contracts for transportation or transmission of intelligence. This provision is
hereby incorporated by reference into this Contract. Supplier certifies that during the term of
an award for all contracts by Sourcewell resulting from this procurement process, Supplier must
comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award
meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that “funding agreement,” the recipient or subrecipient
must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements,” and any implementing regulations issued by the awarding agency. Supplier
certifies that during the term of an award for all contracts by Sourcewell resulting from this
procurement process, Supplier must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL
ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require
the non-federal award to agree to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
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Supplier certifies that during the term of this Contract will comply with applicable requirements
as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award
(see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions
in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R.
§180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3
C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names
of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier
certifies that neither it nor its principals are presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation by any federal
department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file
any required certifications. Suppliers must not have used federal appropriated funds to pay any
person or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a member
of Congress in connection with obtaining any federal contract, grant, or any other award
covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that
takes place in connection with obtaining any federal award. Such disclosures are forwarded
from tier to tier up to the non-federal award. Suppliers must file all certifications and
disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31
U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with
the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies
that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after
grantees or subgrantees submit final expenditure reports or quarterly or annual financial
reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier
must comply with the mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply
with all applicable provisions of the Buy American Act. Purchases made in accordance with the
Buy American Act must follow the applicable procurement rules calling for free and open
competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized
representatives of a federal agency must have access to any books, documents, papers and
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records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under
this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The
right also includes timely and reasonable access to Supplier’s personnel for the purpose of
interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is
a state agency or agency of a political subdivision of a state and its contractors must comply
with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the
value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring
solid waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or
reproductions of flags or likenesses of Federal agency officials without specific pre-approval.
N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to
this Contract or any purchase by a Participating Entity and is not subject to any obligations or
liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter
resulting from the Contract or any purchase by an authorized user.
O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The
Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and
Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a
Participating Entity.
P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any
federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit
disallowance, and benefit overpayments.
Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services,
Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to
the anticipated work under this Contract raises an actual or potential conflict of interest (as
described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in
writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and
Participating Entity are able to assess the actual or potential conflict; and provide any additional
information as necessary or requested.
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R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.
Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources
and support to individuals and organizations associated with terrorism.
S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it
will comply with applicable requirements of 2 C.F.R. § 200.216.
T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies
that during the term of this Contract will comply with applicable requirements of 2 C.F.R. §
200.322.
22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60
days’ written notice to the other party. However, Sourcewell may cancel this Contract
immediately upon discovery of a material defect in any certification made in Supplier’s
Proposal. Cancellation of this Contract does not relieve either party of financial, product, or
service obligations incurred or accrued prior to cancellation.
Sourcewell Musco Sports Lighting, LLC
By: __________________________ By: __________________________
Jeremy Schwartz James M. Hansen
Title: Chief Procurement Officer Title: Secretary
Date: ________________________
Date: ________________________
Approved:
By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
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RFP 041123 - Sports Lighting Solutions with Related Technology,
Equipment, and Services
Vendor Details
Company Name:Musco Sports Lighting, LLC
Address:
100 1st Ave West
PO Box 808
Oskaloosa, IA 52577
Contact:Amanda Hudnut
Email:musco.contracts@musco.com
Phone:800-825-6030
Fax:641-672-1996
HST#:42-1511754
Submission Details
Created On:Tuesday February 21, 2023 07:22:41
Submitted On:Monday April 10, 2023 10:57:03
Submitted By:Jim Hansen
Email:jim.hansen@musco.com
Transaction #:644e37be-1ebc-43b3-9b63-5a4fe7708b28
Submitter's IP Address:216.248.100.66
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC
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Specifications
Table 1: Proposer Identity & Authorized Representatives
General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Do not merely attach
additional documents to your response without also providing a substantive response. Do not leave answers blank; respond “N/A” if the
question does not apply to you (preferably with an explanation).
Line
Item Question Response *
1 Proposer Legal Name (one legal entity only):
(In the event of award, will execute the
resulting contract as "Supplier")
Musco Sports Lighting, LLC
*
2 Identify all subsidiary entities of the Proposer
whose equipment, products, or services are
included in the Proposal.
None
*
3 Identify all applicable assumed names or DBA
names of the Proposer or Proposer's
subsidiaries in Line 1 or Line 2 above.
None
*
4 Provide your CAGE code or Unique Entity
Identifier (SAM):
CAGE/NCAGE # OA9T7
SAM # WJHFQRT17GC5 *
5 Proposer Physical Address:100 1st Ave West
PO Box 808
Oskaloosa, IA 52577
*
6 Proposer website address (or addresses):www.musco.com *
7 Proposer's Authorized Representative (name,
title, address, email address & phone) (The
representative must have authority to sign
the “Proposer’s Assurance of Compliance” on
behalf of the Proposer and, in the event of
award, will be expected to execute the
resulting contract):
James M. Hansen
Secretary
Musco Sports Lighting, LLC
100 1st Ave West
PO Box 808
Oskaloosa, IA 52577
Phone: 800-825-6030
Email: musco.contracts@musco.com
*
8 Proposer's primary contact for this proposal
(name, title, address, email address & phone):
Taylor Knoot
Cooperative Contract Specialist
Musco Sports Lighting, LLC
100 1st Ave West
PO Box 808
Oskaloosa, IA 52577
Phone: 800-825-6030
Email: musco.contracts@musco.com
*
9 Proposer's other contacts for this proposal, if
any (name, title, address, email address &
phone):
Chris Hailey
Market Development Manager
Musco Sports Lighting, LLC
100 1st Ave West
PO Box 808
Oskaloosa, IA 52577
Phone: 800-825-6030
Email: musco.contracts@musco.com
Table 2: Company Information and Financial Strength
Line
Item Question Response *
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC
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10 Provide a brief history of your company,
including your company’s core values,
business philosophy, and industry longevity
related to the requested equipment, products
or services.
Since 1976, Musco Sports Lighting has specialized in the design of and
manufacture of sports and transportation/infrastructure lighting solutions around the
world. Musco’s mission has been to provide sports field and
transportation/infrastructure lighting solutions for public and private entities throughout
the United States of America and internationally.
Built on a foundation of responsibility to the needs of everything being impacted,
Musco’s solutions have illuminated everything from neighborhood ballfields; to major
stadiums and arenas; to airports, rail yards, industrial sites, container terminals, and
ports; to iconic landmarks and the Olympic Games.
Musco has been the industry leader in developing lighting solutions that provide high
quality on field performance and environmental sensitivity to the surrounding area.
Energy efficiency, spill and glare control, and field management solutions have been
our staple for success in the industry.
Throughout the history of Musco, we have had the pleasure of being the recipient of
an Academy Award®, Emmy® Award and the Paul Waterbury Award for Excellence
for Outdoor Lighting. Musco has also developed partnerships with organizations such
as National Recreation & Park Association, Little League Baseball and Softball,
Major League Baseball, the United States Soccer Foundation and The Honey Bear
Project (HBCU), to name a few.
Musco has offices and manufacturing facilities in Oskaloosa, Muscatine and
Urbandale, Iowa. We have a workforce of approximately 1,300 Team Members
located in these facilities and regional sales offices conveniently located around the
United States of America. In addition, we have approximately 200 Team Members
located outside the United States of America supporting our manufacturing facilities
in Shanghai, China and Gumi, South Korea and multiple sales offices globally.
Musco Sports Lighting, LLC has over 170 Team Members dedicated to operating
and maintaining customer lighting around the USA. Regional based service
technicians are available for quick responses. These Team Members are factory-
trained and specialize in routine maintenance, repairs, and analysis of sports lighting
systems. Our Control-Link Central™ service center is staffed 24/7/365 with trained
operators who provide scheduling and report assistance, along with one-on-one
phone/video training. Proactive nightly testing is done to assure customer’s control
systems are operating properly and field operations are constantly monitored.
Along with our Lighting Services and Control-Link Central™ Teams, we have a fully
staffed group of internal experts including but not limited to Sales Representatives,
Regional Sales Associates, Service Representatives, Part Representatives, Project
Coordinators, Schedulers, and Engineers. We will ensure your project flows smoothly
and you get the results you expect.
*
11 What are your company’s expectations in the
event of an award?
Musco has been a Sourcewell awarded vendor for going on 9 years. We look
forward to continuing the growth and educating eligible members, current members
and our Musco Sales Team Members on the benefits of Sourcewell.
*
12 Demonstrate your financial strength and
stability with meaningful data. This could
include such items as financial statements,
SEC filings, credit and bond ratings, letters
of credit, and detailed reference letters.
Upload supporting documents (as applicable)
in the document upload section of your
response.
Please see uploaded letter from Wells Fargo Bank, N.A. & Travelers Casualty and
Surety Company of America. Also included is a copy of our current insurance
certificate.
*
13 What is your US market share for the
solutions that you are proposing?
Musco’s sports lighting systems & solutions make up approximately 80% of the US
market share. *
14 What is your Canadian market share for the
solutions that you are proposing?
Musco’s sports lighting systems & solutions make up approximately 50% of the
Canadian market share. *
15 Has your business ever petitioned for
bankruptcy protection? If so, explain in detail.
Musco Sports Lighting, LLC has not been the subject to any voluntary or involuntary
bankruptcy, insolvency or receivership proceedings. *
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC
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16 How is your organization best described: is
it a manufacturer, a distributor/dealer/reseller,
or a service provider? Answer whichever
question (either a) or b) just below) best
applies to your organization.
a) If your company is best described as
a distributor/dealer/reseller (or similar entity),
provide your written authorization to act as a
distributor/dealer/reseller for the manufacturer
of the products proposed in this RFP. If
applicable, is your dealer network
independent or company owned?
b) If your company is best described as
a manufacturer or service provider, describe
your relationship with your sales and service
force and with your dealer network in
delivering the products and services
proposed in this RFP. Are these individuals
your employees, or the employees of a third
party?
Musco Sports Lighting, LLC is a manufacturer of sports and
transportation/infrastructure lighting solutions. Musco has a sales force of over 100
dedicated Team Members throughout the United States & Canada. Musco has sales
offices conveniently located around the United States of America. These Team
Members are employed by Musco.
*
17 If applicable, provide a detailed explanation
outlining the licenses and certifications that
are both required to be held, and actually
held, by your organization (including third
parties and subcontractors that you use) in
pursuit of the business contemplated by this
RFP.
Musco Sports Lighting is authorized to sell products and provide services in all 50
states, the District of Columbia and Canada. We comply with applicable federal,
state, local and industry laws for each purchasing customer. In Canada, Musco sells
under our Canadian company, Musco Sports Lighting Canada Co. Please reference
the uploaded Musco Contractor License information.
As a General Contractor, Musco selects and contracts with local subcontractor
organizations that meet our quality standards and can fulfill our time constraints to
perform the type of work outlined in this RFP. Musco does obtain license verification
and insurance certificate for all subcontractors who work with us.
*
18 Provide all “Suspension or Debarment”
information that has applied to your
organization during the past ten years.
Musco Sports Lighting, LLC has not been the subject of any suspension or
disbarments. *
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC
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Table 3: Industry Recognition & Marketplace Success
Line
Item Question Response *
19 Describe any relevant industry awards or
recognition that your company has received
in the past five years
During Musco’s 46 years in the sports lighting industry, Musco & our Team
Members have received quite a few awards and recognitions. Below is a listing of
several recent awards & recognitions along with our more notable ones from years
past.
American Marketing Association Iowa Nova Award for Public Relations Best of
Category for Field of Dreams with MLB (2022)
Eric O’Brien Commercial Award (Mike Berry, MA) from The New England Park
Association (2021)
NIAAA Distinguished Service to Athletic Administration (Dina Neeley, NC) from the
North Carolina Athletic Directors Association (2018)
David Lose Partnership Award (Curt Mickey, KY) from the Kentucky Recreation and
Park Society (2018)
Emmy® Award from the Academy of Television Arts & Sciences® for lighting
ESPN’s telecast for the Winter X-Games (2012)
Paul Waterbury Award of Excellence for Outdoor lighting from the Illuminating
Engineering Society for the innovative lighting design at Charlotte Motor Speedway
(1993)
Scientific and Engineering Award from the Academy of Motion Picture of Arts and
Services® (1985)
Emmy® Award from the Academy of Television Arts & Sciences® for lighting
NCAA football telecasts (1982)
*
20 What percentage of your sales are to the
governmental sector in the past three years
Approximately 41% of Musco’s current national sales are to the government sector. *
21 What percentage of your sales are to the
education sector in the past three years
Approximately 52% of Musco’s current national sales are to the education sector. *
22 List any state, provincial, or cooperative
purchasing contracts that you hold. What is
the annual sales volume for each of these
contracts over the past three years?
Musco is an awarded vendor on several national and regional cooperative
purchasing contracts. Please see the uploaded document titled “Musco Cooperative
Information” for a summary of the cooperative and approximate sales for 2020,
2021, and 2022.
*
23 List any GSA contracts or Standing Offers
and Supply Arrangements (SOSA) that you
hold. What is the annual sales volume for
each of these contracts over the past three
years?
Musco Sports Lighting, LLC currently does not hold any GSA contracts.
*
Table 4: References/Testimonials
Line Item 24. Supply reference information from three customers who are eligible to be Sourcewell participating entities.
Entity Name *Contact Name *Phone Number *
Fairfax County Park Authority Paul Shirey 703-324-8738 *
Denver Public Schools Josh Griesbach 720-423-1913 *
University of Iowa Laura Hawks 319-467-1626 *
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC
DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
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Table 5: Top Five Government or Education Customers
Line Item 25. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity
type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three
years.
Entity Name Entity Type *State /
Province *Scope of Work *Size of Transactions *Dollar Volume Past Three
Years *
Education Education Florida - FL Materials & install Approx. $500K Approx. $10.8M *
Education Education Arizona - AZ Materials Approx. $750K Approx. $6.8M *
Government Government Florida - FL Materials & install Approx. $1.7M Approx. $6.7M *
Government Government Texas - TX Materials & install Approx. $900K Approx. $6.3M *
Education Education Texas - TX Materials & install Approx. $400K Approx. $5.9M *
Table 6: Ability to Sell and Deliver Service
Describe your company’s capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable.
Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number
of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third
party), and any overlap between the sales and service functions.
Line
Item Question Response *
26 Sales force.Musco has a sales force of over 100 dedicated Sales Team Members throughout the
United States & Canada. These Team Members are employed by Musco.
Musco has offices and manufacturing facilities in Oskaloosa, Muscatine and
Urbandale, Iowa. We have a workforce of approximately 1,300 Team Members
located in these facilities and regional sales offices conveniently located around the
United States of America. In addition, we have approximately 200 Team Members
located outside the United States of America supporting our manufacturing facilities in
Shanghai, China and Gumi, South Korea and multiple sales offices globally.
*
27 Dealer network or other distribution
methods.
Musco Sports Lighting, LLC has no agents or dealers authorized to represent the
company. Musco’s custom designed, engineered to order lighting systems must be
purchased directly from the company.
*
28 Service force.Musco has over 170 Team Members dedicated to operating and maintaining
customer lighting around the USA. Regional based service technicians are available
for quick responses. These Team Members are factory-trained and specialize in
routine maintenance, repairs, and analysis of sports lighting systems. Our Control-Link
Central™ service center is staffed 24/7/365 with trained operators who provide
scheduling and report assistance, along with one-on-one phone/video training.
Proactive testing is done to assure customer’s control systems are operating properly
and field operations are constantly monitored.
*
29 Describe the ordering process. If orders
will be handled by distributors, dealers or
others, explain the respective roles of the
Proposer and others.
Orders will be handled by our Musco employed Sales Team.
*
30 Describe in detail the process and
procedure of your customer service
program, if applicable. Include your
response-time capabilities and
commitments, as well as any incentives
that help your providers meet your stated
service goals or promises.
Musco has over 170 Team Members dedicated to operating and maintaining
customer lighting around the USA. Regional based service technicians are available
for quick responses. These Team Members are factory-trained and specialize in
routine maintenance, repairs, and analysis of sports lighting systems. Our Control-Link
Central™ service center is staffed 24/7/365 with trained operators who provide
scheduling and report assistance, along with one-on-one phone/video training.
Proactive testing is done to assure customer’s control systems are operating properly
and field operations are constantly monitored.
Musco’s Warranty Department will make arrangements with the specified project
contact to identify & rectify the situation in an appropriate time frame. If needed,
Musco has the ability to hire a local electrical contractor to perform any immediate
warranty needs.
Musco will provide all materials and labor to maintain operation of its lighting system
to original design criteria during the warranty period up to 25 years (depending on
product). Musco products are guaranteed to perform for the as detailed in our
warranty documents.
*
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC
DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
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31 Describe your ability and willingness to
provide your products and services to
Sourcewell participating entities in the
United States.
Musco Sports Lighting is authorized to sell products and provide services in all 50
states, the District of Columbia and Canada. Musco will be able to fully serve all
geographic areas through the proposed contract. In Canada, Musco sells under our
Canadian company, Musco Sports Lighting Canada Co.
*
32 Describe your ability and willingness to
provide your products and services to
Sourcewell participating entities in Canada.
Musco Sports Lighting is authorized to sell products and provide services in all 50
states, the District of Columbia and Canada. Musco will be able to fully serve all
geographic areas through the proposed contract. In Canada, Musco sells under our
Canadian company, Musco Sports Lighting Canada Co.
*
33 Identify any geographic areas of the United
States or Canada that you will NOT be
fully serving through the proposed contract.
Musco Sports Lighting, LLC will be able to fully serve all Sourcewell Members
throughout the United States and Canada. *
34 Identify any Sourcewell participating entity
sectors (i.e., government, education, not-for-
profit) that you will NOT be fully serving
through the proposed contract. Explain in
detail. For example, does your company
have only a regional presence, or do other
cooperative purchasing contracts limit your
ability to promote another contract?
Musco Sports Lighting, LLC will be able to fully serve all Sourcewell Members
through the proposed contract.
*
35 Define any specific contract requirements
or restrictions that would apply to our
participating entities in Hawaii and Alaska
and in US Territories.
Musco has no specific requirements or restrictions which apply to Sourcewell
Members located off shores. *
Table 7: Marketing Plan
Line
Item Question Response *
36 Describe your marketing strategy for
promoting this contract opportunity.
Upload representative samples of your
marketing materials (if applicable) in
the document upload section of your
response.
Musco Sports Lighting, LLC has several brochures available to market our product to
Sourcewell Members. A sampling of what we can supply is listed below, included in our
catalog and attached.
• World Class Leaders
• We Make it Happen
• Always Ready to Play brochure
• Total Light Control – TLC for LED™ brochure
• Retrofit Lighting Solutions brochure
• Musco Control Solutions
Musco Sports Lighting, LLC markets our products through tradeshows, conventions, direct
mail and advertising. Musco does targeted, personalized marketing promotions to specific
customer groups and would be able to provide information on Sourcewell as appropriate
in those promotions.
*
37 Describe your use of technology and
digital data (e.g., social media,
metadata usage) to enhance
marketing effectiveness.
Musco regularly provides updates about our Team, product, services and projects via our
web site & social media accounts (Twitter, Facebook, Instagram, YouTube & LinkedIn). In
addition, our Sales Team each have Twitter and/or LinkedIn that they post updates to on
a regular basis.
*
38 In your view, what is Sourcewell’s role
in promoting contracts arising out of
this RFP? How will you integrate a
Sourcewell-awarded contract into your
sales process?
Musco anticipates that Sourcewell would promote Musco’s solutions and services via their
web site, social media, tradeshows and publications.
Our USA & Canada Sales Team will promote Sourcewell by informing qualified customers
of this available resource for their use in purchasing Musco’s solutions.
*
39 Are your products or services
available through an e-procurement
ordering process? If so, describe your
e-procurement system and how
governmental and educational
customers have used it.
Due to Musco’s custom designed, engineered to order lighting systems, our products and
services are not available through any e-procurement ordering process.
*
Table 8: Value-Added Attributes
Line
Item Question Response *
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC
DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
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40 Describe any product, equipment,
maintenance, or operator training
programs that you offer to
Sourcewell participating entities.
Include details, such as whether
training is standard or optional,
who provides training, and any
costs that apply.
Musco includes training with the purchase of our solutions.
During the sales process, Musco’s Sales Team will provide education on sports lighting,
Musco’s products and services as well as applicable governing bodies standards.
Once installation of the Musco lighting system is completed, Musco’s Sales Team and/or
Project Manager will complete an overview of the lighting system and complete final light
level evaluations. They will then assist in arranging a more in-depth training with our Control-
Link Central™ Team.
Musco’s Control-Link Central™ service center is staffed 24/7/365 with trained operators who
provide scheduling and report assistance, along with one-on-one phone/video training.
*
41 Describe any technological
advances that your proposed
products or services offer.
At Musco, our approach is more than just selling and installing poles and fixtures. We are
in the business of selling the right amount light, on and off the facility, for the least amount
of cost over the life of the warranty. We work closely with the owner and their consultants
to gain a full understanding of the facility, its use and surroundings.
Musco’s Light-Structure System™ has delivered long-term performance for thousands of
customers around the world. Lights, structures, and electrical components are engineered to
work together. This assures the designed lighting gets in the place and stays there over the
life of the system, while also maintaining and protecting the operating environment so the
components continue to function. We have included features like easy to reach remote
drivers, integrated grounding, and surge protection to ensure the longevity of the LED’s
sensitive electronic components.
For over a decade, the Musco Team has been testing the LED light source and applying it
on projects where it was the best choice. We have researched LED’s distinctive challenges
and advantages and applied our knowledge of light control to the unique characteristics of
the diode, assuring the quality of lighting for which Musco is known. We have paired our
expertise in controlling light with the advancing output of LED to the point that we are
confident it’s a cost-effective option to consider for recreational facilities. Musco creates
controlled light, not floodlights.
LED brings many benefits and new opportunities, but it’s a tool, not a solution. Controlling
LED’s intense light is challenging. But with Total Light Control – TLC for LED®, we are
able to achieve things never before possible – from pinpoint precision to instant on/off, to
varying light levels for different needs and sport presentation theatrics (choreographed light
& music shows). With the ever-evolving sports and recreation landscape Musco continues to
push boundaries in the marketplace.
The key issue in sports lighting haven’t changed: generating light, projecting it onto the
target, keeping it out of the neighborhood and night sky, and creating an operating
environment that allows it to last in real world conditions. Musco is able to carve out the
area to be lighted and dramatically cut off any impact on the surrounding area. We use
more of the light produced by the fixture, lose less light, and don’t abuse the neighborhood.
With cities and recreational needs growing faster than ever, it’s critical to maximize the
available resources and make solid decisions about managing and expanding facilities. The
Control-Link® System is a reliable, cost-effective control system that helps control, monitor,
and manage recreation facility lighting. It can control existing lighting systems and other
electrically operated equipment. Whether for new lighting systems or to upgrade existing
lights, the Control-Link® system includes our Control-Link Central™ team, the on-site Control-
Link® equipment, and an industry-leading warranty. Our exclusive Control-Link Central™
team is staffed 24/7 to assist with your scheduling and reporting needs.
Musco’s Light-Structure System™ with Total Light Control – TLC for LED® is backed by an
industry-leading 25-year warranty. Musco’s Constant 25™ Product Assurance & Warranty
program covers all materials and labor to maintain operation of its lighting system to
original design criteria for 25 years.
*
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC
DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
116
42 Describe any “green” initiatives
that relate to your company or to
your products or services, and
include a list of the certifying
agency for each.
Musco is committed to excellence and leadership in the protection of the environment, and
the implementation of sustainable guidelines. We minimize the emissions to air, water, and
land through programs to reduce pollution at its source and will conserve energy through the
use of energy efficient lighting systems.
Product:
• Musco’s Green Generation Lighting® (HID) and TLC for LED® technology are 30 to
80 percent more energy efficient than traditional lighting equipment.
• Customized optics direct light onto the desired surface, reducing wasted light into the
surrounding area.
• Control-Link® system provides remote on/off control, allowing customers to schedule
our light systems to help maximize energy efficiency.
• Eases pollution by eliminating or reducing the use of hazardous substances and
reducing greenhouse gas emissions.
Manufacturing:
• On-site waste management includes recycling manufacturing scrap materials, wooden
skids, paper and other packaging materials.
• Packaging of our Light-Structure System™ contains between 30 to 50 percent recycled
material.
• Reusable packaging is used to move components from original fabrication through the
complete manufacturing process.
• During the spot maintenance and complete system lamping provided by Musco, all HID
lamps are recycled to salvage both the mercury and glass.
• Reuse water during the manufacturing process and conserve water when possible.
Office:
• Electronic components that are not re-usable due to equipment failure or are below
minimum requirements are recycled through and E-Waste Facility.
• Use geothermal heating and air conditioning to minimize energy consumption.
• Our facilities have automatic toilets and faucets to minimize water usage.
*
43 Identify any third-party issued eco-
labels, ratings or certifications that
your company has received for
the equipment or products
included in your Proposal related
to energy efficiency or
conservation, life-cycle design
(cradle-to-cradle), or other
green/sustainability factors.
Musco currently does not hold any third-party issued eco-labels, ratings or certifications for
our products. With sports lighting being a small piece of the U.S. lighting marketplace,
categories just don’t exist for this type of product. Musco has been the industry leader in
developing lighting solutions that provides high quality on field performance and
environmental sensitivity to the surrounding area. Energy efficiency, spill and glare control,
and field management solutions have been our staple for success in the industry.
*
44 Describe any Women or Minority
Business Entity (WMBE), Small
Business Entity (SBE), or veteran
owned business certifications that
your company or hub partners
have obtained. Upload
documentation of certification (as
applicable) in the document
upload section of your response.
Musco Sports Lighting, LLC is not a Women or Minority Business Entity (WMBE), Small
Business Entity (SBE), or veteran owned business.
*
45 What unique attributes does your
company, your products, or your
services offer to Sourcewell
participating entities? What makes
your proposed solutions unique in
your industry as it applies to
Sourcewell participating entities?
Musco Sports Lighting provides a custom designed, engineered to order lighting systems,
from foundation to pole top that operates as a complete system. The lighting system comes
with our Constant 25™ or Constant 10™ Product Assurance & Warranty Program. Musco’s
Constant 25™ or Constant 10™ not only covers your product for 25 or 10 years, it
guarantees that your light levels will not drop below the designed performance for the
warranty period. Musco also includes our Control-Link® system that provides the customer
assurance their system will be maintained by Musco for the warrantied period.
At Musco, our approach is more than just selling and installing poles and fixtures. We are
in the business of selling the right amount light, on and off the facility, for the least amount
of cost over the life of the warranty. We work closely with the owner and their consultants
to gain a full understanding of the facility, its use and surroundings.
*
Table 9: Warranty
Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure,
and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document
upload section of your response in addition to responding to the questions below.
Line
Item Question Response *
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC
DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
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46 Do your warranties cover all products, parts, and
labor?
Musco Sports Lighting, LLC will provide all materials and labor to maintain
operation of its lighting system to original design criteria for 25 or 10 years.
Musco products are guaranteed to perform for the customer as detailed in
the Musco Constant 25™ or Musco Constant 10™ documents. Musco shall
monitor the performance of the lighting system on/off status, hours of usage,
and luminaire outage. If outages that affect playability are detected, Musco
will contact you and proactively dispatch technicians.
To assist with the determination of repairs, Musco will utilize the field
monitoring system and any information provided by the customer to
determine when the usage of the field is materially impacted. From this
information, Musco will determine needed repair and/or replacement of
Covered Product(s) and parts. Repair will be with Product(s) of like kind
and quality.
The only requirement Musco has is the customer agrees to check fuses and
to replace fuses as needed. Musco provides spare fuses in the lowest alpha-
numeric enclosure, which is located 10-12 feet above grade and is
reachable by a ladder. Musco will replenish spare fuses as needed.
Under the Musco Constant 25™ or Musco Constant 10™ Product Assurance
& Warranty Program, Musco pays any upfront cost for shipping cost,
installation cost, and any associated rental equipment cost & disposal cost
for the replaced equipment.
Musco has a team of 170+ Team Members to ensure fulfillment of our
product and services warranty and maintains financial reserves dedicated to
support our warranty.
Please check out this YouTube video showcasing our Support Services and
Warranty. https://www.youtube.com/watch?v=oxH00ofzSJA. This link is also
included on the uploaded “Musco Solutions and Testimonial videos”
document that has been uploaded.
*
47 Do your warranties impose usage restrictions or
other limitations that adversely affect coverage?
There is no hour usage restriction for our Musco Constant 25™ or Musco
Constant 10™ Product Assurance & Warranty Program, but we do ask for
expected usage hours to meet design criteria of the project.
*
48 Do your warranties cover the expense of
technicians’ travel time and mileage to perform
warranty repairs?
Yes, the Musco Constant 25™ and Musco Constant 10™ Product Assurance
& Warranty Program covers the technicians travel time and mileage to
perform any warranty repairs.
*
49 Are there any geographic regions of the United
States or Canada (as applicable) for which you
cannot provide a certified technician to perform
warranty repairs? How will Sourcewell
participating entities in these regions be provided
service for warranty repair?
Musco will be able to cover all geographic regions of the United States &
Canada with our Lighting Services Team that is comprised of 170 Team
Members dedicated to operating and maintaining customer lighting around
the USA. Regional based service technicians are available for quick
responses. These Team Members are factory-trained and specialize in
routine maintenance, repairs, and analysis of sports lighting systems.
Musco’s Warranty Department will make arrangements with the specified
project contact to identify & rectify the situation in an appropriate time
frame. If needed, Musco has the ability to hire a local electrical contractor to
perform any immediate warranty needs.
Our Control-Link Central™ service center is staffed 24/7/365 with Musco
employed trained operators (Team Members) who provide scheduling and
report assistance, along with one-on-one phone/video training. Proactive
testing is done to assure customer’s control systems are operating properly
and field operations are constantly monitored. As we have heard several of
our customers say, “Musco often is calling me to schedule a repair before I
even know I had a problem.”
*
50 Will you cover warranty service for items made by
other manufacturers that are part of your proposal,
or are these warranties issues typically passed on
to the original equipment manufacturer?
Yes, items included in the scope of Musco sports lighting design, Musco will
cover warranty service for those items. *
51 What are your proposed exchange and return
programs and policies?
Due to Musco’s lighting solutions being custom designed, engineered to
order we do not have an exchange and return program. Any defective on
arrival product or repairs are covered by Musco Constant 25™ or Musco
Constant 10™ Product Assurance & Warranty Program.
*
52 Describe any service contract options for the
items included in your proposal.
Musco Sports Lighting, LLC will provide all materials and labor to maintain
operation of its lighting system to original design criteria for 25 or 10 years.
Musco products are guaranteed to perform for the customer as detailed in
the Musco Constant 25™ or Musco Constant 10™ documents. Under the
Musco Constant 25™ or Musco Constant 10™ Product Assurance &
Warranty Program.
*
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC
DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
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Table 10: Payment Terms and Financing Options
Line
Item Question Response *
53 Describe your payment terms and accepted payment
methods.
Musco’s payment terms are Net 30. Payments not paid when due
are subject to a carrying charge for each month past due or will be
pro-rated for the portion of the month there is an unpaid balance.
Carrying charges shall accrue in the amount of one- and one-half
percent (1½%) per month of any overdue unpaid balance, or the
maximum rate permitted by law, whichever is less.
*
54 Describe any leasing or financing options available for use
by educational or governmental entities.
Musco Finance™ was established in 2006, it provides competitive
financing solutions that enable customers to realize the benefits of
Musco products and services. Hundreds of customers have used
these solutions to complete their lighting projects. Musco Finance™
has provided budget-accommodating financing for governmental,
commercial, and not-for-profit entities throughout the United States of
America.
The municipal lease-purchase program, offered by Musco Finance™
provides the funding opportunity many public entities need for facility
improvements such as sports lighting. The program provides a
flexible, cost-effective means of funding essential renovations and, in
many areas, may eliminate much of the time and expense
associated with selling bonds for a project. A know set expense
can be budgeted annually, freeing you from budget uncertainties and
lowering cash flow impact.
*
55 Describe any standard transaction documents that you
propose to use in connection with an awarded contract
(order forms, terms and conditions, service level
agreements, etc.). Upload a sample of each (as
applicable) in the document upload section of your
response.
Due to Musco’s custom designed, engineered to order solutions our
documents are tailored to the project and customer needs. Please
see attached sample quote and invoice. *
56 Do you accept the P-card procurement and payment
process? If so, is there any additional cost to Sourcewell
participating entities for using this process?
Musco Sports Lighting, LLC currently does not accept P-card
procurement cards. *
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC
DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
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Table 11: Pricing and Delivery
Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can
be made during the term of an awarded Contract as described in the RFP, the template Contract, and the Sourcewell Price and Product
Change Request Form.
Line
Item Question Response *
57 Describe your pricing model (e.g., line-item discounts or
product-category discounts). Provide detailed pricing data
(including standard or list pricing and the Sourcewell
discounted price) on all of the items that you want
Sourcewell to consider as part of your RFP response. If
applicable, provide a SKU for each item in your proposal.
Upload your pricing materials (if applicable) in the
document upload section of your response.
Musco Sports Lighting provides a custom designed, engineered to
order lighting system, pricing is based per the RFP. This price list
should not be considered complete and exhaustive due to the
nature of each project being a unique, custom design build
situation. Extreme spill and glare concerns, pole locations, and wind
zone variance may affect price. RFP quoted pricing is for the most
common field designs based on structural code and utilizing IBC
2018, 110 mph, Exposure C.
Installations services are available on a per project basis dependent
upon Musco’s compliance with state and local licensing
requirements. Labor and materials for the complete installation,
including foundations, pole erection, trenching, backfill, conduit, wire,
electrical distribution and service cabinet(s) and site restoration shall
utilize the current RS Means pricing, coefficient and must also
include the appropriate City Cost Index.
*
58 Quantify the pricing discount represented by the pricing
proposal in this response. For example, if the pricing in
your response represents a percentage discount from
MSRP or list, state the percentage or percentage range.
The percentage discount from list prices for materials offered under
this RFP is 5%. The attached price list already takes into account
the 5% discount for the materials. *
59 Describe any quantity or volume discounts or rebate
programs that you offer.
As Musco is a custom designed, engineered to order lighting
system, there is no quantity or volume discounts available. *
60 Propose a method of facilitating “sourced” products or
related services, which may be referred to as “open
market” items or “nonstandard options”. For example, you
may supply such items “at cost” or “at cost plus a
percentage,” or you may supply a quote for each such
request.
Musco Sports Lighting, LLC will work with the Sourcewell member
regarding pricing and delivery of any open market, sourced and/or
non-standard options which would be desired by the Sourcewell
member. Musco and the Sourcewell member will agree upon a
desired outcome and reflect this in the customer quote for use in
issuing a purchase order.
*
61 Identify any element of the total cost of acquisition that is
NOT included in the pricing submitted with your response.
This includes all additional charges associated with a
purchase that are not directly identified as freight or
shipping charges. For example, list costs for items like pre-
delivery inspection, installation, set up, mandatory training,
or initial inspection. Identify any parties that impose such
costs and their relationship to the Proposer.
As Musco is a custom designed, engineered to order lighting
system, pricing is based per the RFP. The pricing can also include
equipment installation. Labor and materials for the complete
installation include, foundations, pole erection, trenching, backfill,
conduit, wire, electrical distribution and service cabinet(s) and site
restoration shall utilize the current RS Means pricing, coefficient and
must also include the appropriate City Cost Index. If the construction
project requires, Musco offers pre-shipment of the precast concrete
bases. The additional cost for the pre-shipment of the precast
concrete bases will vary depending on the location of the lighting
project.
*
62 If freight, delivery, or shipping is an additional cost to the
Sourcewell participating entity, describe in detail the
complete freight, shipping, and delivery program.
Musco’s pricing includes delivery within the State of Minnesota to
the job site and are for lighting systems materials only. Additional
freight cost may be incurred outside the State of Minnesota.
*
63 Specifically describe freight, shipping, and delivery terms or
programs available for Alaska, Hawaii, Canada, or any
offshore delivery.
Musco has no specific requirements in regard to Alaska, Hawaii,
Canada, or any offshore delivery. *
64 Describe any unique distribution and/or delivery methods or
options offered in your proposal.
Musco Sports Lighting offers custom designed, engineered to order
lighting systems. Products are directly purchased from the company
as we have no agents or authorized dealers. When you purchase a
Musco Solution, it is delivered from our dedicated transportation
company with Musco Lighting signage on the trucks.
*
Table 12: Pricing Offered
Line
Item The Pricing Offered in this Proposal is: *Comments
65 b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing
departments.
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC
DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
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Table 13: Audit and Administrative Fee
Line
Item Question Response *
66 Specifically describe any self-audit process or program that you
plan to employ to verify compliance with your proposed Contract
with Sourcewell. This process includes ensuring that Sourcewell
participating entities obtain the proper pricing, that the Vendor
reports all sales under the Contract each quarter, and that the
Vendor remits the proper administrative fee to Sourcewell. Provide
sufficient detail to support your ability to report quarterly sales to
Sourcewell as described in the Contract template.
A self-audit process is in place specifically intended to verify
compliance of cooperative purchasing contracts.
• Sales Administrator pulls monthly contract sales report
for the cooperative purchasing contract and its associated
fee for that time period.
• Each contract project PO is checked and validated that
it is an awarded contract purchase
• Project awarded contract fee is validated as correct
• When validation complete, report sent to cooperative
purchasing organization
• As a checks & balance process, Cooperative Contract
Specialist pulls a Method of Purchase by type report on a
quarterly basis and a comparison is done with quarterly
contract sales reports to ensure totals for an awarded
contract matches on both reports
• Invoice documents for projects of a contract member
are available for review upon request
*
67 If you are awarded a contract, provide a few examples of internal
metrics that will be tracked to measure whether you are having
success with the contract.
On a monthly basis, Musco is looking at the total number of
projects sold & and how they breakdown by method of
purchase (bid, competitive negotiation, cooperative purchase
& direct purchase). Several times during the year, we break
down the method of purchase by each cooperative purchase
contract. These numbers are compared to the previous
timeframes and evaluated.
*
68 Identify a proposed administrative fee that you will pay to
Sourcewell for facilitating, managing, and promoting the Sourcewell
Contract in the event that you are awarded a Contract. This fee
is typically calculated as a percentage of Vendor’s sales under the
Contract or as a per-unit fee; it is not a line-item addition to the
Member’s cost of goods. (See the RFP and template Contract for
additional details.)
Musco Sports Lighting, LLC proposes a 0.75%
administrative fee calculated as a percentage of the
customer contract sales price.
*
Table 14A: Depth and Breadth of Offered Equipment Products and Services
Line
Item Question Response *
69 Provide a detailed description of the
equipment, products, and services that you
are offering in your proposal.
Light-Structure System™ lighting with Total Light Control – TLC for LED™
technology is for new outdoor lighting applications. It is engineered as a 5 Easy
Pieces™ complete system from foundation to poletop designed to a customer’s
needs. Lights, structures, and electrical components are engineered to work together.
This ensures the designed lighting gets in place and stays there over the life of the
system, while also maintaining and protecting the operation environment so the
components continue to function. We’ve included features like factory aimed
luminaires, easy to reach remote drivers, integrated grounding, and surge protection
to ensure the longevity of the lighting system. Musco’s Light-Structure System™ is
engineered as a complete system including the precast concrete base, galvanized
steel pole, electrical components enclosure, wire harness and poletop luminaire
assembly. This allows for installation ease and reduced time and expense. Musco’s
TLC for LED® luminaire is available in several wattage, Kelvin & CRI combinations
to meet custom project requirements. Multiple light control visor options are available
to allow for precise light control therefore dramatically reducing glare and spill. Our
unique heat sink has convective air-cooling design that maintains a low LED junction
temperature during high wattage operation. This system includes our Control-Link®
control system for remote operation and is covered by Musco’s Constant 25™
product assurance and warranty program.
SportsCluster® lighting system with Total Light Control – TLC for LED™ or Total
Light Control – TLC for LED™ Retrofit System technology is for outdoor and indoor
lighting applications. It is a modular photometric unit, factory aimed and tested, to
interface with a customer’s existing structures, making an easy retrofit lighting
solution. Musco’s TLC for LED® luminaire is available in several wattage, Kelvin &
CRI combinations to meet custom project requirements. Multiple light control visor
options are available to allow for precise light control therefore dramatically reducing
glare and spill. Our unique heat sink has convective air-cooling design that
maintains a low LED junction temperature during high wattage operation. This
system includes our Control-Link® control system for remote operation and is
covered by Musco’s Constant 10™ product assurance and warranty program,
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contingent upon Musco’s inspection and approval of existing structure and electrical
wiring.
Control-Link® control and monitoring system offers efficient, cost-effective tools that
are both cutting-edge and simple to use. Musco will have your back 24/7/365 to
ensure your lights are only on when needed, keeping neighbors and taxpayers
happy. Because more than anything, it’s about peace of mind. The Control-Link®
system provides comprehensive scheduling assistance, system monitoring, secure
password-protected access, automated equipment controls, and valuable usage
data.
Show-Light® entertainment services provide a cost-effective way for you to bring
professional light shows to your facility. From pre-game introductions to halftime
shows, to celebrating big plays and big wins, this special effect lighting will energize
players and fans and take your game atmosphere to a new level. Special effects
light shows aren’t just for the pros anymore. Musco’s Show-Light® technology utilizes
instant on/off and the advanced control capabilities of LED, is easy to use, and
delivers both predesigned and customized light shows. Show-Light® entertainment
services can also tap into advanced customization capabilities and more complex
light shows that incorporate music along with the special effects lighting. Musco is
not responsible for obtaining rights to or any cost associated with music licenses.
Mini-Pitch System™ modular sports solution has an innovative, all-in-one design to
help communities create fun and active play spaces by revitalizing public areas.
Created to assist the U.S. Soccer Foundation in providing safer places to play the
game, the Mini-Pitch System™ solution is ideal for transforming abandoned courts
and other underutilized areas into places where children and families can come
together in the spirt of teamwork, empowerment, and physical activity. It comes as a
modular system complete with lighting, fencing, goals, benches, ADA-compliant
access, and lockable storage.
MuscoVision® video system is a complete automated sports broadcasting solution
that includes camera equipment, networking, streaming services, broadcast
production, and distribution for watching various sporting events on a variety of
platforms. It includes automated camera switching and game tracking for an
enhanced broadcast experience. Also, it includes active game detection for ease of
scheduling utilizing the same toolset used to schedule lighting. The customer must
provide their own internet connection, install our MuscoVision® video system
equipment, and set a broadcast schedule in Musco’s Control-Link® control system.
Musco does the rest!
Musco will provide all materials and labor to maintain operation of its lighting
system to original design criteria of the warranty period up to 25 years (depending
on product). Musco products are guaranteed to perform for the as detailed in our
warranty documents.
Installation services are available on a per-project basis dependent upon Musco’s
compliance with state and local licensing requirements. Labor and materials for the
complete installation, including but not limited to foundations, pole erection, trenching,
backfill, conduit, wire, electrical distribution and service cabinet(s) and site
restoration shall utilize the current RS Means pricing, coefficient and must also
include the appropriate City Cost Index.
*
70 Within this RFP category there may be
subcategories of solutions. List subcategory
titles that best describe your products and
services.
The scope of work of the RFP covers Musco products and services. Musco has no
additional subcategories to suggest.
Below is a list of keywords that best describe Musco’s product and services.
sports lighting, lighting, Musco, Musco Lighting, LED, lamp, football lighting, baseball
lighting, field lighting, LED lighting, fixtures, flood lighting, flood light, parking lighting,
softball lighting, light poles, light pole, soccer lighting, tennis lighting, aviation lighting,
port lighting, temporary lighting, basketball lighting, arena lighting, apron lighting, rail
lighting, automated broadcasting, light show, futsal, MUGA, camera, video, AV,
entertainment, DMX
*
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC
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Table 14B: Depth and Breadth of Offered Equipment Products and Services
Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional
comments in the text box provided, as necessary.
Line
Item Category or Type Offered *Comments
71 Indoor, outdoor, fixed, or portable sports
related lighting solutions;
Yes
No
Musco Sports Lighting, LLC is offering indoor, outdoor, fixed,
or portable sports related lighting solutions within our
proposal.
*
72 Technology integration, retrofit solutions,
software, design, project management,
installation services, and maintenance related
to the purchase of equipment and products
described in Line 71 above.
Yes
No
Musco Sports Lighting, LLC is offering technology
integration, retrofit solutions, software, design, project
management, installation services, and maintenance related
to the purchase of equipment and products described in
Line 71 above within our proposal.
*
Table 15: Industry Specific Questions
Line
Item Question Response *
73 Describe your process for evaluating on-field and off-
site glare for your sports lighting products, both pre-
installation and post-installation.
On-field – Musco’s goal is to have no more than 500 candela at the
home plate location while looking at the outfield poles. Similarly, our
outfield positions will have no more than 500 candela while looking at
the infield poles.
Off-site – Musco strives to achieve candela equal to or less than 7,500
candela at 150’ perimeter around the field. Candela is measured at 5’
above grade at 150’ perimeter.
*
74 Describe the average life span of your sports lighting
system.
In 2005, Musco started our Musco Constant 25™ or Musco Constant
10™ Product Assurance & Warranty Programs (coverage depends on
the lighting system and the original design criteria). Musco has several
lighting systems that are over 35 years old that are still in operation
today.
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75 Discuss your proposed product line
in terms of sustainability and
recycling.
Musco is committed to excellence and leadership in the protection of the
environment, and the implementation of sustainable guidelines. The
reduction of waste and emissions, to an absolute minimum, is our
policy. We will minimize the emissions to air, water, and land through
programs to reduce pollution prevention at its source and will conserve
energy through the use of our energy efficient lighting systems. Musco
will work closely with suppliers and licensees who are positioned to
deliver outstanding value, and who share our vision of placing high
priority on environmental, social and ethical issues when procuring
products and services. In the process, we will achieve costs savings,
enhanced energy efficiency, improved quality, and a healthy workplace for
our team members.
To accomplish this program, the following guidelines are established:
Recycle
• Musco is committed to identifying and implementing pollution
prevention opportunities by communicating sustainable practices, and
encouraging involvement, to all team members.
• Musco utilizes a nationwide recycling program. During the spot
maintenance and complete system relamping, all the lamps are recycled
through a recycling service where both the mercury and glass are
salvaged. Musco developed reusable packaging that is used to move its
reflectors from original fabrication through the complete manufacturing
process.
• Musco aims to reduce, reuse and recycle whenever possible from
the production process to the customer. Musco’s on-site waste
management includes recycling plant scrap, and wooden skids, along
with paper and packaging materials. Packaging product utilized with
Musco’s Light-Structure System™ contains between 30 to 50 percent
recycled material, depending on the type of packaging.
• Electronic components that are not re-usable due to equipment
failure, or are below minimum requirements, are recycled through an E-
Waste Facility, including: laptops, desktops, servers, network devices,
computer screens, televisions, keyboard, computer mouse, and printers.
Conserve
• Musco reuses water during the manufacturing process and
conserves water when applicable. We utilize geothermal heating and air
conditioning, which minimizes electricity consumption. Our operations also
have automatic toilets and faucets to maximize water usage.
• Musco conserves energy and reduces light pollution through our
permanent and temporary LED light sources that are 30 to 80 percent
more energy efficient than traditional lighting equipment.
• Musco’s Control-Link® system provides instant light automation,
allowing customers to schedule our light systems that help maximize
energy efficiency.
• Preventing pollution by eliminating or reducing the use of hazardous
substances, and reducing greenhouse gas emissions, is a first priority.
• Technologies or methods which utilize non-hazardous materials and
source reduction approaches will be given top priority in addressing all
environmental issues.
• Musco demonstrates corporate citizenship by following all federal,
state, and international environmental regulations.
• We promote cooperation between industry, government and the
public for the shared goal of pollution prevention at the source, as well
as continuing sustainable practices throughout all of our operations
worldwide.
• As part of our commitment towards social responsibility, we will
create job opportunities and training for the local workforce.
• Our team strives to create responsible sustainability standards that
translate into generating a positive and lasting change in every
community that we encounter.
In addition to the above, Musco’s LED fixtures are RoHS compliant.
RoHS is a European Union Directive on the restriction of the use of
certain hazardous substances in electrical and electronic equipment.
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC
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Exceptions to Terms, Conditions, or Specifications Form
Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been
incorporated into the contract text.
Documents
Ensure your submission document(s) conforms to the following:
1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.
2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to
ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed
by Sourcewell.
3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.
4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the
zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding
to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan."
Pricing - Musco Sourcewell 041123 Pricing September 2022.pdf - Wednesday March 15, 2023 15:12:16
Financial Strength and Stability - Financial Strength and Stability.zip - Wednesday March 15, 2023 15:12:27
Marketing Plan/Samples - Marketing Plan Samples.zip - Wednesday March 15, 2023 15:12:40
WMBE/MBE/SBE or Related Certificates (optional)
Warranty Information - Warranty.zip - Wednesday March 15, 2023 15:13:04
Standard Transaction Document Samples - Document Samples.zip - Wednesday March 15, 2023 15:13:17
Upload Additional Document - Company and Product Information.zip - Wednesday March 15, 2023 15:13:42
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC
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Addenda, Terms and Conditions
PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE
I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the
Proposer to this Affidavit and Assurance of Compliance:
1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in
the jurisdiction of its residence.
2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for
contract award.
3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the
Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under
this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not
directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of
this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or
competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the
consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this
solicitation.
4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or
circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a
vendor has an unfair competitive advantage or the vendor’s objectivity in performing the contract is, or might be, impaired.
5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an
employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this
solicitation.
6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in
accordance with the terms, conditions, and scope of a resulting contract.
7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or
certifications necessary to deliver such equipment, products, or services under any resulting contract.
8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are
acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first-quality products and
related services to Sourcewell Members under an awarded Contract.
9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders.
10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either
substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic
data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes
Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under
Minnesota's Data Practices Act.
11 . Proposer its employees, agents, and subcontractors are not:
1. Included on the “Specially Designated Nationals and Blocked Persons” list maintained by the Office of Foreign Assets Control
of the United States Department of the Treasury found at: https://www.treasury.gov/ofac/downloads/sdnlist.pdf;
2. Included on the government-wide exclusions lists in the United States System for Award Management found at:
https://sam.gov/SAM/; or
3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated
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by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any
Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense
related to the subject matter of this solicitation.
By checking this box I acknowledge that I am bound by the terms of the Proposer’s Affidavit, have the legal authority to submit this
Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I
had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic
signature or electronic record was used in its formation. - James Hansen, Secretary, Musco Sports Lighting, LLC
The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the
Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid.
Yes No
The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document.
Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda.
File Name
I have reviewed the
below addendum and
attachments (if
applicable)
Pages
Addendum_1_Sports_Lighting_RFP_041123
Mon April 3 2023 04:23 PM 1
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