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A-3. Discuss Lake Susan Park Ballfield LightingMEMORANDUM CITY OF CHANHASSEN Chanhassen is a Community for Life -Providing for Today and Planning for Tomorrow TO: Todd Gerhardt, City Manager FROM: Todd Hoffman, Park and Recreation Director DATE: January 8, 2018 DK SUBJ: Recommend Purchase of Lake Susan Park Baseball Field LED Lighting System and acceptance of $55,000 Donation from Chanhassen Athletic Association BACKGROUND The Chanhassen Athletic Association (CAA) would like to donate $55,000 to the City of Chanhassen to finance a portion of a project that would install baseball field lighting at Lake Susan Park. The association would like to propose a two -installment payment. The first payment would be made in 2018 ($38,000). The second payment would be made in 2019 ($17,000). All donations exceeding $500 must be approved by the City Council. DISCUSSION The CAA is a parent/adult-led organization that has successfully administered youth sports programs within the community for over 40 years. The association has partnered with the city on many occasions to work towards improving local athletic facilities. The association would like to make this donation to assist the city in a project that increases the capacity of the Lake Susan Park baseball field to host games through the installation of athletic field lighting. In the event that the proposed project proceeds, the lighting equipment purchased and installed becomes the sole property of the City of Chanhassen and the donation includes no preferential treatment for the athletic association in future scheduling of the facility. OPTIONAL LIGHTING PRODUCT An optional lower priced lighting system is available as an alternative to LED fixtures. For a total project cost of $245,000 or less, a metal halide lighting system is available. These are old technology fixtures that require a cool down period between on and off cycles, have higher maintenance needs, and higher energy costs. PH 952.227.1100 • www.ci.chanhassen.mn.us • FX952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 Todd Gerhardt Recommend Purchase of Lake Susan Park Baseball Field LED Lighting System and acceptance of $55,000 Donation from Chanhassen Athletic Association January 8, 2018 Page 2 Staff is recommending new technology LED diode light source fixtures be purchased at a total project cost of $305,000 or less. The MUSCO LED Total Light Control system would save the City an estimated $100,193 over a 25 year period as compared to a standard 1500 watt metal halide lighting system (see attached cost of ownership comparison). Cost savings include utility, maintenance and operational control of lighting system. In addition, the MUSCO LED Total Light Control system will eliminate unwanted spill light, glare light and sky glow, making the lighting environmentally friendly to residential and traffic areas. MUSCO Lighting Systems can be purchased directly by the city through the National Joint Powers Alliance (NJPA) cooperative purchase contract #082114-msl to insure lowest pricing of either option. The city is a member of NJPA to be in the position to take advantage of this value pricing. ATTACHMENTS 1. Proposed Donation Agreement between the City of Chanhassen and CAA. 2. 2018 CIP Sheet PK&T in the amount of $305,000 3. Lake Susan Park Inventory Graphic 4. 25 -Year Cost of Ownership Comparison 5. Proposed Lighting Purchase Agreement C. Mr. Brian Benkstein, CAA President Mr. Todd Neils, Dug Out Club Park and Recreation Commission CITY OF CHANHASSEN RESTRICTED DONATION AGREEMENT AGREEMENT made this day of 2018 by and between the City of Chanhassen, a Minnesota Municipal Corporation ("City"), whose address is 7700 Market Boulevard, Chanhassen, Minnesota 55317, and the Chanhassen Athletic Association, a Minnesota Nonprofit Corporation ("Donor"), whose mailing address is P.O. Box 113, Chanhassen, Minnesota 55317. NOW, THEREFORE, in consideration of their mutual covenants the parties agree as follows: I. APPROVAL. This Agreement is contingent upon the City Council adopting a resolution pursuant to Minnesota Statutes Section 465.03 accepting the donation subject to the terms of this Agreement. 2. DONATION. The Donor donates $55,000 to the City for the purchase and installation by the City of LED baseball field lighting at Lake Susan Park in Chanhassen ("Project"). The Donor shall make an initial payment to the City of $38,000 when the City solicits bids for the Project and the balance of $17,000 on or before March I, 2019. If the City in its sole discretion decides not to proceed with the Project, the City will return any donated funds the City has received pursuant to this Agreement to the Donor. 3. NAMING. A plaque will be installed by the City adjacent to the installation to recognize the donation. 4. MAINTENANCE. The Project shall be maintained by the City of Chanhassen. Maintenance includes regular inspection, cleaning and minor repairs. 5. DECOMMISSIONING. The Project may be decommissioned based on the following reasons at the City's discretion: a. The Project has reached the end of its useful life. b. The Project is damaged to a point where repair becomes financially burdensome to the City. 1 195792vi C. The City Council determines that the site is needed for another public use. CITY OF CHANHASSEN L - Denny Laufenburger, Mayor Todd Gerhardt, City Manager CHANHASSEN ATHLETIC ASSOCIATION LB Name: Title: 19s792A Capital Improvement Program 2018 thru 2022 City of Chanhassen, MN Project# PK&T-139 Project Name Lake Susan Park Baseball Field Lighting Account#1 410-0000-4706 Account#2 Account#3 Account#4 Department Park & Trail Improvements Contact Todd Hoffman Type Improvement Useful Lite Category Park Priority n/a Total Project Cost: $305,000 ion of LED ballfield lighting at Lake Susan Park. The Chanhassen Athletic Association has pledged to contribute $55,000 towards the to be paid in the following installments; $19,000 in 2017, $19,000 in the first quarter of 2018 and $17,000 in the first quarter of 2019. Justification kdding lights to a ballfield doubles its capacity to be scheduled for games and practices. Expenditures 2018 2019 2020 2021 2022 Total Improvement 305,000 305,000 Total 305,000 305,000 Funding Sources 2018 2019 2020 2021 2022 Total Other Agency Contribution 55,000 55,000 Park Dedication Fund 250,000 250,000 Total 305,000 305,000 maintenance costs. Lake Susan Park Y i t _ r rA i � � d . ^t I Park Entry Parking Area Existing Sidewalk --- Future Sidewalk — Existing Trail Future Trail � 1municipalBoundaries � C-111 Park Boundaries Wetlands �arf'MPv "' •~�1 a.R1Rd ;{{ F 1 �t Y r ffb m SEPTEMBER 2017 City of Chanhassen Park Inventory 23 Chanhassen Lake Susan Baseball Field 325'/350'/325' Baseball Field Prepared for: Todd Hoffman December 20, 2017 Typical 1500 Watt Metal halide light source 108.0 Kilowatts 67 Fixtures Green Generation Lighting• 10 Years Wrtenance included Metal halide light source Controls included 62.6 Kilowatts 40 Fixtures TLC for LED- 25 years maintenance includud Diode light source Controls Included 48.7 Kilowatts 46 Fixtures /$$00L $20,000 $40,000 $60,000 $80,000 $100,000 $120,000 $140,000 () Energy Ab Maintenance OControls Now is this possible? MUSCO's 40 years of developing systems, light control and application expertise puts more available lumens per watt on the field. Our services team provides all on/off operation, monitoring and maintenance. For your budget ... for the environment Musco Metal Halide Musco LED Assumptions g ,ba,l Annual operating hours goo Energy Energy cost per Mowatt hour Sonat Demand charge per kdowatt hour Soto Maintenance: Group relamp - cost per h#ure 9266 sp0:.^13:nte'a i, over 2�year5 53.75? controls: Labor - taming lights on & off saw Lights on extra time without controls u% 0 2017 Muuo sports Dghtins, LLC- 1-224a-er61S1 0 25 -Year Ownership Savings $71,837 $100,193 r CO2 reduction 235.0 tons 309.5 tons" " Equivalent to taking 65 cars off the road for one year CCCO We Make It Happen 166669 Date: December 21, 2017 Project Name: Chanhassen Lake Susan Youth Baseball Project #: 168869 1. SELLER NAME AND ADDRESS: 2. BUYER NAME AND ADDRESS: Musco Sports Lighting, LLC ("Musco") City of Chanhassen (the "Buyer") 100 1 s` Avenue West — PO Box 808 7700 Market Boulevard PO Box 147 Oskaloosa, IA 52577 Chanhassen, MN 55317 Attn: Edwin Arceo Attn: Todd Hoffman Email: Edwin.arceo@musco.com Email: thoffman@ci.chanhassen.mn.us Telephone: 641-673-0411 Telephone: 952-227-1100 800-825-6020 Ext 4027 Fax: 952-227-1110 Fax: 800-374-6402 3. OWNER NAME AND ADDRESS: 4. SHIPPING NAME AND ADDRESS: City of Chanhassen Lake Susan Park 7700 Market Boulevard PO Box 147 903 Lake Drive East Chanhassen, MN 55317 Chanhassen, MN 55317 Attn: Todd Hoffman Attn: Todd Hoffman Email: thoffman@ci.chanhassen.mn.us Email: thoffman@ci.chanhassen.mn.us Telephone: 952-227-1100 Telephone: 952-227-1100 Fax: 952-337-1110 Fax 952-227-1110 6. WARRANTY CONTACT: 6. FACILITY NAME AND ADDRESS: City of Chanhassen Lake Susan Park 7700 Market Boulevard PO Box 147 903 Lake Drive East Chanhassen, MN 55317 Chanhassen, MN 55317 Attn: Todd Hoffman Email: thoffman@ci.chanhassen.mn.us Telephone: 952-227-1100 Fax: 952-227-1110 7. EQUIPMENT DESCRIPTION — Musco shall sell, transfer and deliver to Buyer, and Buyer will purchase, accept and pay for the following goods (the "Equipment") in accordance with the "Total Price' paragraph of this Agreement. Musco's lighting system consisting of: Light -Structure SystemTs Foundation-to-Poletop Lighting System • 6 — pre -cast concrete bases • 4 — 60ft galvanized steel poles • 2 — 60ft galvanized steel poles • 36 —Total Light ControlTM TLC -LED -1150 factory -aimed and assembled luminaires • 10 —Total Light ControlT"l TLC -BT -675 factory -aimed and assembled luminaires • 1 — Control -Link® Control & Monitoring System Cabinet • Electrical component enclosures Built to the following specifications: • Ballast Input Voltage: 480 • Phase to Pole: 3 Phase • Structural Integrity: Based upon IBC, 2012, 116MPH, Exposure C 8. RESPONSIBILITIES OF THE BUYER AND/OR THIRD PARTY — Buyer/Third Party agrees to: • Confirm supply voltage required for lighting system. • Provide confirmation on pole locations. • Provide electrical design and materials for electrical distribution system. • Provide labor and equipment for installation of electrical distribution system. • Provide labor and equipment for installation of bases & poles. Isco. ®eggs. 20+7 Musm Spoas ughgng. uc • M-iol�usa2 Page 1 of 5 Date: December 21, 2017 Project Name: Chanhassen Lake Susan Youth Baseball Project #: 168865 9. MUSCO SERVICES — Musca agrees to provide design and layout for the lighting system. In addition to the purchase and sale of the Equipment, Musco agrees to provide, itself or through its subcontractors, the following (the "Services"): Control -Link customer support services: commission the system; monitor and report system alarms; provide automated facility management reports; provide on-off schedules via website, email, phone call or fax; and provide technical support 24 hours a day.. seven days a week. 10. CONSTANT 25TM WARRANTY & MAINTENANCE PROGRAM (the "Warranty") — Musco shall provide parts, labor and services as outlined in the Musco Constant 25 Warranty Agreement to maintain operation of lighting equipment included in the Equipment for a period of up to 25 years on the following terms: • Warranty Service Begins: On the date of product shipment • Expiration Date: 25 years from date of shipment. • Monitoring, Maintenance & Control Services • Light levels — shall be guaranteed for 25 years • Spill Light Control — as specified in Musco design documents • Energy Consumption: System Average 48.15 kW Area of Lighting i Number of Luminaires Target Light Levels Estimated Annual / 25 Year Estimated Usage Hours Baseball 1 46 50fc Infield 300/7,500 30fc Outfield 11. TOTAL PRICE — Buyer will pay for the above-described Equipment and, if applicable, Services the Total Price of $202,713.00 plus applicable taxes, payable as follows. • $202,713.00 within 30 days from invoice date A copy of the payment and performance bond (if applicable) is required prior to shipment. Monthly progress invoicing and payments will apply. Final payment shall not be withheld by Buyer on account of delays beyond the control of Musco. Price includes delivery to the address indicated in item #4 of this Agreement. Price does not include sales tax, unloading or installation. Project is being purchased through the following cooperative purchasing agreement: NJPA (contract number 082114-mst, expiration 9/16/2018) 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 (1Y:%) per month of any overdue unpaid balance, or the maximum rate permitted by law, whichever is less. Source of Funds: Buyer agrees that Buyers payment to Musco is not contingent upon Buyer getting paid by the Owner/End User. Buyer may not hold back or set off any amounts owed to Musco in satisfaction of any claims asserted by Buyer against Musco. No partial payment by Buyer shall constitute satisfaction of the entire outstanding balance of any invoice of Musco, notwithstanding any notation or statement accompanying that payment. oc(Do muW. o 61999, 2017 Wus Sports L,Mtng. LLC • M-1 10-enU5-22 Page 2 of 5 Date. December 21, 2017 Project Name: Chanhassen Lake Susan Youth Baseball Project #: 166869 The Total Price was calculated utilizing parameters outlined in the project specifications. In the event soil conditions vary from those relied upon, or if the soil cannot be readily excavated, Buyer shall be responsible for Musco's additional associated costs, including but not limited to the cost of design, alternate foundations, additional materials, and labor. 12. TAXES — Buyer shall pay all applicable state and local sales taxes, use or any similar tax invoiced appropriately by Musco. Taxable Dd Non -Taxable �(Copy of resale or exemption certificate must be attached. Note: Just holding a sales tax permit does not, in and of itself, qualify for a non-taxable sale.) 13. PAYMENT/PERFORMANCE BONDING — Is there a bond on this project? ❑ Yes ❑ No Principal Bond Holder: Bonding Company Name: Bond in Com an Address: Bondin Com an Address Phone Number: Bond Number: 14. DELIVERY — Normal delivery to the shipping address indicated above is 6-8 weeks after submittal approval or release of order, if later. If the Equipment is shipped in multiple lots, Musco shall prepare a separate invoice for the price of the Equipment shipped at the time of each shipment. Buyer shall pay the amount of each such invoice upon the same terms as set out in the "Total Price" paragraph of this Agreement. All deliveries shall be made by means of a common carrier or some other reasonable means chosen by Musco. All risk of loss to Equipment sold shall pass to Buyer upon delivery by Musco of such Equipment to the shipping location indicated above. Delivery is subject to Buyer maintaining credit satisfactory to Musoo. Musco may suspend or delay performance or delivery at any time pending receipt of assurances, including full or partial prepayment or payment of any outstanding amounts owed adequate to Musco in its discretion, of Buyer's ability to pay. Failure to provide such assurances shall entitle Musco to cancel this contract without further liability or obligation to Buyer. 15. NO RETAINAGEIWARRANTY — Buyer acknowledges payment in full is required within the agreed terms. Warranty claims and back charges shall not be deducted from contract payments without prior approval of Musco's Warranty Department (800-825-6020). Musco's Equipment and its performance are sold subject to Musco's written warranty. The Warranty provided by Musco shall be in lieu of all other representations, warranties and conditions of any kind, in respect of the Equipment or the Services and Musco disclaims any other representation, warranty or condition whatsoever, whether written or oral, express or implied, statutory or otherwise, including, but not limited to, the implied warranties and conditions of merchantability and fitness for a particular purpose. Buyer acknowledges that any warranty and/or maintenance guarantee contained within paymenttperformance bonds issued on Musco's behalf pursuant to this Agreement and the corresponding liability on behalf of the issuing surety shall apply only to the first 12 months of any warranty and/or maintenance obligation of Musco specified in the written Warranty to be delivered to Buyer. The balance of any warranty and/or maintenance obligation greater than 12 months shall be the sole responsibility of Musco and shall not be guaranteed by a third party. 16. EXCLUSION OF SPECIAL DAMAGES — In no event shall Musco be liable for incidental, special or consequential damages, including without limitation lost revenues and profits, in respect of this Agreement or the Equipment and, if applicable, Services provided hereunder. 00`/�0 _Initials ®1999.2on Mus SMes Llghting. LL: • NAota.enu5.22 ■ r usco. Page 3 of 5 Date. December 21, 2017 Profeta Name: Chanhassen Lake Susan Youth Baseball Project #: 168869 17. LIMITATIONS PERIOD — Unless otherwise specified in the Warranty to be delivered to Buyer, any action or proceeding against Musco arising out of or relating to the Equipment or Services will be forever barred unless commenced within the earlier of: (a) one (1) year after delivery of the Equipment or if applicable, completion of the Services; or (b) the period prescribed by the applicable statute of limitation or repose. 18. SECURITY AGREEMENT — In consideration of the promises contained herein, Buyer hereby grants and conveys to Musco, to secure payment and performance of all obligations in full, a purchase money security interest in the Equipment, including all repairs, replacements and accessions thereto and proceeds thereof (collectively referred to as the "Secured Property"). Buyer hereby irrevocably authorizes Musco at any time to register in any registration office in any province (including personal property registries and if applicable, land titles or real property registries) any initial financing statements, financing change statements, notices of security interest or other documents relating to this security interest or this transaction. Buyer further agrees to promptly furnish any information requested by Musco to effectuate the terms of this Agreement. Buyer further agrees to execute any document reasonably required by Musco to perfect the security interest granted herein and to assure the preservation, priority and enforcement of such security interest. Buyer agrees that value has been given for this security interest and that the parties have not agreed to postpone the time for attachment of the security interest. 19. INSURANCE — From and after delivery, regardless of the pending performance of the Services, until such time as Buyer has perfomned in full all obligations contained herein, Buyer shall maintain adequate insurance covering the Equipment in accordance with generally accepted business practices. Buyer shall name Musco as loss payee until such time as Buyer has performed in full all obligations contained herein. 20. DEFAULT — Each of the following shall constitute a default ("Default") under this Agreement: a) failure to pay, in full, any payment when due hereunder; b) Buyer becomes the subject of a bankruptcy, receivership or insolvency proceeding; c) any warranty, representation or statement made or furnished to Musco by or on behalf of the Buyer proved to have been false in any material respect when made or furnished; d) loss, theft, damage, destruction or encumbrance to, or of, the Secured Property or the making of any levee, seizure or attachment thereof or thereon prior to payment in full; or e) the occurrence or non-occurrence of any event or events which causes Musco, in good faith, to deem itself insecure for any reason whatsoever. 21. REMEDIES UPON DEFAULT — In the event of Default, Musco may, at its option, and without notice or demand: a) declare the entire unpaid balance owing hereunder due and payable at once; b) proceed to recover judgment for the entire unpaid balance due; c) exercise all rights provided to Musco under this Agreement, any applicable personal property security act (or similar legislation), at law or in equity including but not limited to entering the Buyer's premises and taking possession of the Secured Property. All the remedies described herein are cumulative, and may be exercised in any order by Musco. Buyer agrees to pay all costs (including reasonable attorney's fees and court costs) incurred by Musco in disposing of the Secured Property and collecting any amounts owing hereunder, and such costs shall be part of the obligations secured hereunder. 22. FORCE MAJEURE — Musco shall not be liable for delays or failure to perform in respect of the Equipment or the Services due, directly or indirectly, to (i) causes beyond Musco's reasonable control, or (ii) acts of God or nature, acts (including failure to act) of any governmental authority, wars (declared or undeclared), strikes or other labor disputes, fires, and natural calamities (such as floods, earthquakes, storms, epidemics). 01989, 2017 MU= 5pon3 Ughbng, U-3 • M-1010 a U5�2 Page 4 of 5 Date: December 21, 2017 Project Name: Chanhassen Lake Susan Youth Baseball Project* 168869 23. EEO COMPLIANCE — When applicable, Musco and Subcontractor shall comply with the EEO Clause in Section 202 of Executive Order 11246, as amended, which is incorporated herein by specific reference. When applicable, Musco and Subcontractor shall abide by the requirements of 41 CFR 60- 741.5(a) and 41 CFR 60-300.5(a). These regulations prohibit discrimination against qualified individuals on the basis of disability and against qualified protected veterans, and require affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals with disabilities and qualified protected veterans. 24. CONDITIONS OF AGREEMENT a. APPLICABLE LAW — This Agreement shall be governed by the laws, including the Uniform Commercial Code, adopted in the State of Iowa as effective and in force on the date of this Agreement. b. EXPENSES/REMEDIES — Buyer shall pay to Musco the reasonable expenses, including court costs, legal and administrative expenses and reasonable legal fees (on a solicitor and client basis), paid or incurred by Musco in endeavoring to collect amounts due from Buyer to Musco- It is further understood that if Buyer does not make a payment as due, Musco has the right to forward appropriate notices or claims on jobs with owners, bonding companies, general contractors, or the like, as deemed appropriate by Musco. c. ENTIRE AGREEMENT — This Agreement, the written Warranty to be delivered to Buyer, and any invoice issued by Musco pursuant to this Agreement constitute the entire agreement between the parties and supersede all prior statements of any kind made by the parties or their representatives. No representative or employee of Musco has any authority to bind Musco to any term, representation or warranty other than those specifically included in this written Agreement or the written Warranty to be delivered to Buyer in connection with this Agreement. This Agreement may not be amended or supplemented except by written agreement executed by Musco and Buyer. d. ACCEPTANCE — This Agreement is subject to the approval of Musco's Credit Department and the written acceptance of this Order by Musco. CITY OF CHANHASSSEN Acceptance MUSCO SPORTS LIGHTING, LLC Acceptance this day of 20_ this 2 ( day of 201_�Z Signature Signa-tP�a ure // (fin Todd Hoffman, Parks & Rec Director U,6lV�p G 1 I U5 C d ( tU�j Name and Title Name and Title Please remember to initial and return all pages of this agreement. MUSCO 01999, 2017 M . WnS LIgMng, LL • M-1018 US -22 Page 5 of 5