4.6. SR 09-16-2019 EOty1� ,.,�� Request for Action
River
To Item Number
Mayor and City Council 4.6
Agenda Section Meeting Date Prepared by
Consent September 16, 2019 Tim Sevcik, Street and Park Superintendent
Item Description Reviewed by
Youth Athletic Complex Ballfield Lights Justin Femrite, Public Works Director
Reviewed by
Cal Portner, City Administrator
Action Requested
Approve,by motion,purchase agreements with Musco Sports Lighting LLC and Sports Technology Inc.
for the purchase and installation of ballfield lights at the Youth Athletic Complex (YAC).
Background/Discussion
As part of the Active Elk River Plan approved by the voters, $2 million was approved for improvements
to the YAC to include the addition of ballfield lights for six ballfields totaling$1,270,000.
This project includes the purchase and installation of 36 light poles and associated equipment from
Musco Sports Lighting LLC for $787,070. Installation will be conducted by Sports Technology Inc. for
$381,500. The total price for purchase and installation of the ballfield lights is $1,168,570.
In addition, electrical upgrades are required at YAC to provide service for the ballfield lights and other
approved projects at YAC. Elk River Municipal Utilities will upgrade the existing transformer and install
a second transformer for an estimate of$23,236.44.
Financial Impact
All equipment will be purchased through Musco Sports Lighting LLC utilizing the Sourcewell
cooperative purchasing program (formerly NJPA) of which the city is a member. Funding for this project
is from the Active Elk River voter-approved local option sales tax.
■ $787,070.00—Musco Sports Lighting LLC for the purchase of ballfield lighting equipment
■ $381,500.00— Sports Technology Inc. for the installation of the ballfield lighting equipment
■ $23,236.44—Elk River Municipal Utilities for the installation of two transformers
■ Total Project Cost- $1,191,806.44
Attachments
■ Musco Sports Lighting LLC Purchase Agreement
■ Sports Technology Inc. Purchase Agreement
The Elk River Vision
A PehoMing community 2a itb revolutionary and spirited resourcefulness, exceptional POWERED By
service, and community engagement that encourages and inspires prosperity INAWRE1
Date: September 11, 2019 Project Name: Elk River YAC Youth Baseball Project # 131024
1. SELLER NAME AND ADDRESS:
2. BUYER NAME AND ADDRESS:
Musco Sports Lighting, LLC ("Musco")
City of Elk River (the "Buyer")
100 1 s` Avenue West — PO Box 808
13065 Orono Pkwy
Oskaloosa, IA 52577
Elk River, MN 55330
Attn: GEtPT# & GArLLOQ
Attn: Tim Sevcik
Email: C"16:1. G1}L.L-opemtKco•CO
Email: tsevcik@elkrivermn.gov
Telephone: `7(4-5'33 'oZt?3d
Telephone: 763-635-1123
Fax: 19>
3. OWNER NAME AND ADDRESS:
4. SHIPPING NAME AND ADDRESS:
City of Elk River
Youth Athletic Complex
13065 Orono Pkwy
165t" Ave NW
Elk River, MN 55330
Elk River, MN 55330
Attn: Tim Sevcik
Email: tsevcik@elkrivermn.gov
Telephone: 763-635-1123
Fax: ID
S. WARRANTY CONTACT:
6. FACILITY NAME AND ADDRESS:
City of Elk River
Youth Athletic Complex
13065 Orono Pkwy
165"' Ave NW
Elk River, MN 55330
Elk River, MN 55330
Attn: Tim Sevcik
Email: tsevcik@elkrivermn.gov
Telephone: 763-635-1123
Fax: ED
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 SystemTm Foundation-to-Poletop Lighting System
• 36 — pre -cast concrete bases
• 16 — 60 ft galvanized steel poles
• 16 — 70 ft galvanized steel poles
• 4 — 80 ft galvanized steel poles ID
• 210 —1500 watt Green Generation Lighting factory -aimed and assembled luminaires
• 3 - Control -Link® control & monitoring system cabinet
• Electrical component enclosures
• Pole length wire harnesses
Built to the following specifications:
• Ballast input voltage: 480
• Phase to pole: 3 phase
• Structural integrity: based upon IBC, 2012, 115mph, 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.
0000 initials
MUSC0.
O 1999, 2019 Musoo Sports Lighting, LLC • M-1010-wUS-26
Page 1 of 5
Date: September 11, 2019 Project Name: Elk River YAC Youth Baseball Project # 131024
9. MUSCO SERVICES — Musco agrees to provide design and layout for the lighting system. In
addition to the purchase and sale of the Equipment, Musco agrees to provide, itself or through its
subcontractors, the following ("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 10TM WARRANTY & MAINTENANCE PROGRAM (the "Warranty") — Musco shall
provide parts, labor and all services outlined in the Musco Constant 10 Agreement to maintain
operation of lighting equipment for 10 years as follows:
• Warranty service begins: On the date of product shipment
• Expiration date: 10 years from date of shipment
• Monitoring, maintenance & control services
• Light levels — shall be guaranteed for 10 years
• Spill light control — as specified in Musco design documents
• Energy consumption: System average 328.44 kW; system maximum 357 kW
Area of Lighting
Number of Luminaires
Target Light Levels
Estimated Annual / 10
Year Estimated Usage
Hours
Youth Baseball 1
32
50fc Infield / 30fc
2.5:1 Infield / 2:1 Infield
Outfield
Youth Baseball 2
32
50fc Infield / 30fc
2.5:1 Infield / 2:1 Infield
Outfield
Youth Baseball 3
32
50fc Infield / 30fc
2.5:1 Infield / 2:1 Infield
Outfield
Youth Baseball 4
32
50fc Infield / 30fc
2.5:1 Infield / 2:1 Infield
Outfield
Baseball 1
40
50fc Infield / 30fc
2.5:1 Infield / 2:1 Infield
Outfield
Baseball 2
42
50fc Infield / 30fc
2.5:1 Infield / 2:1 Infield
Outfield
11. TOTAL PRICE — Buyer will pay for the above-described Equipment and, if applicable, Services the
Total Price of $787,070.00 plus applicable taxes, payable as follows.
• $787,070.00 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:
Sourcewell (contract number 071619-msl, expiration date 08/27/2023)
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 (11/2%) per month of any overdue unpaid balance, or the
maximum rate permitted by law, whichever is less.
®1999, 2019 Musco Sports Lighting, LLC - M-1010-enUS-26
Page 2 of 5
Date: September 11, 2019 Project Name: Elk River YAC Youth Baseball Project # 131024
Source of Funds: Buyer agrees that Buyer's 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.
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 ® 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:
Bonding Company Address:
Bonding Company Address
Phone Number:
Bond Number:
14. DELIVERY — Normal delivery to the shipping address indicated above is 4 to 6 weeks after submittal
approval or release of order, if later. If the Equipment is shipped in multiple lots, Musco shall
prepare a separate invoice for the price of the Equipment shipped at the time of each shipment.
Buyer shall pay the amount of each such invoice upon the same terms as set out in the "Total Price"
paragraph of this Agreement.
All deliveries shall be made by means of a common carrier or some other reasonable means chosen
by Musco. All risk of loss to Equipment sold shall pass to Buyer upon delivery by Musco of such
Equipment to the shipping location indicated above.
Delivery is subject to Buyer maintaining credit satisfactory to Musco. Musco may suspend or delay
performance or delivery at any time pending receipt of assurances, including full or partial
prepayment or payment of any outstanding amounts owed adequate to Musco in its discretion, of
Buyer's ability to pay. Failure to provide such assurances shall entitle Musco to cancel this contract
without further liability or obligation to Buyer.
15. NO RETAINAGE/WARRANTY — 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.
0OInitials ® 1999.2019 Musca Sports Lighting, LLC • M-1010-enUS46
Musco. .. . .
Page 3 of 5
Date: September 11, 2019 Project Name: Elk River YAC Youth Baseball Project # 131024
Buyer acknowledges that any warranty and/or maintenance guarantee contained within
payment/performance bonds issued on Musco's behalf pursuant to this Agreement and the
corresponding liability on behalf of the issuing surety shall apply only to the first 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.
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 performed 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.
cooInitials O 1999, 2019 Musco Sports Lighting, LLC • M-1010-enUS-26
11 JSCOr
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Date: September 11, 2019 Project Name: Elk River YAC Youth Baseball Project # 131024
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 (jj) 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).
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 ELK RIVER MUSCO SPORTS LIGHTING, LLC
Acceptance
this day of 20_
Signature
Name and Title
Acceptance c--
this ITT
of 20
Signature
l / ! uscc
Name and Title
Please remember to initial and return all pages of this agreement.
O• Initials O 1999, 2019 Musco Sports Lighting, LLC - M-1010-enUS.26
Page 5 of 5
Purchase Agreement
SPORTS TECHNOLOGY INC.
P.O. Box 27231 • Golden Valley, MN 55427
Phone: (763) 546-0437 fax: (763) 525-0070
Purchaser: City of Elk River
19000 Proctor Ave
Elk River, MN 55330
Purchase Order Number:
Job Location: YAC Baseball Fields 1-6
Purchase Agreement Total Sum: $381,500
Description of products/services:
Date: 9/11/19
Contact Person: Tim Sevcik
Phone: (763) 635-1123
Installation of (36) Musco Light -Structures and complete electrical systems, including (2) 400 amp
services, pipe, aluminum conductors, controls installation, unloading of poles and equipment, install of
concrete bases, mounting lighting equipment to poles, setting poles, and providing final aiming &
checkout.
Note: Includes deduct of $19,500 for utilities providing a second transformer between fields #5 & 46.
Terms of Payment: Net 30 Days
Taxable: Non -Taxable:
Exempt #:
Sales Amount: $381,500
Sales Tax ( %):
Total: $381,500
Standard Conditions and Exclusions
1. The pole location shall be clear of all utilities both underground and overhead. STI will provide Gopher 1 call. STI is not responsible
for the location and marking of any privately owned underground infrastructure. STI is not responsible for hitting any infrastructure
that is not marked (painted and flagged).
2. All auger quotes are based on free -boring techniques and assumes the site to be augurable with a digger derrick. Any casing
(permanent or temporary) is excluded unless noted.
3. It is assumed that all the drilling can be completed under standard soil conditions unless otherwise noted. Therefore, any excessively
rock conditions or hidden obstructions may be subject to an additional charge.
4. STI is not responsible for access to pole location including fence removal to allow equipment to reach pole locations. It shall be the
owner's responsibility for complete access to site.
Purchaser: City of Elk River
Representative: Sports Technology Inc.
Signed:
Signed: 7611CIA