Loading...
3.9 Soccer Field Lighting Project Request for City Council Action DEPARTMENT INFORMATION ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Parks and Recreation Parks and Recreation Director Jacobs April 10, 2023 PRESENTER(s) REVIEWED BY: ITEM #: Consent City Administrator/Finance Director Flaherty 3.9 – Soccer Field Lighting STRATEGIC VISION MEETS: THE CITY OF OTSEGO: Is a strong organization that is committed to leading the community through innovative communication. X Has proactively expanded infrastructure to responsibly provide core services. Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. X Is a social community with diverse housing, service options, and employment opportunities. X Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff is recommending the City Council accept a quote and authorize the Soccer Field Lighting. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No No At the February 2023 Parks and Recreation Commission meeting, Boreal Futbol Club was in attendance and presented a project proposal during open forum for 1 full size soccer field to be lit at the Lehrke Soccer field complex. Boreal Soccer expressed the need due to increased soccer participants. Boreal Soccer stated 60% of the organization’s participants are Otsego residents. Boreal offered to offset the project cost by paying $12,500 annually for 10 years, $125,000 towards the project. The Parks and Recreation Commission motioned to have staff gather pricing and information about the soccer field lighting project. Staff researched the lighting project and found the City was able to purchase the lights directly from the state contract which guarantees lowest pricing. Musco Sports Lighting, LLC is the company who has the state contract on the field lights. A quote was obtained that reflected the price of $178,961. Staff reached out to other communities who currently use Musco lights and all contacted individuals had favorable comment. Staff proceeded to contact Wright-Hennepin Electric who provides the electric utilities at Lehrke fields. Wright Hennepin Electric estimated the cost to bring service to the lights of $4,000. Staff is also estimating a contingency budget of $2,000. This would bring the total project cost to $184,961. Boreal Soccer proposed paying the City in increments of $12,500 for 10 years, $125,000 towards the proposed project. The City would be paying the project costs upfront and be reimbursed over the 10-year period. The total cost to the City would be $59,961. The City of Otsego had included this project in the 2023 Park Capital Equipment fund in the Capital Improvement Plan (CIP) and budgeted $190,000. Staff will be researching what other communities charge for field fees, for the use of lighted fields. Fees for the additional electricity usage would be charged back to the user groups, with an increased fee to use the lit field. The additional fee would be placed on the City of Otsego fee schedule for approval in late 2023, for the 2024 season. The City of Otsego and Boreal Futbol Club would enter a legal contract to ensure the full $125,000 was paid back to the City within the 10-year period. The Parks and Recreation Commission was presented with this information at the March meeting and unanimously voted to recommend this project to the City Council for consideration. The Administrative Subcommittee was presented with this information at their April 7 meeting and recommended consent agenda consideration by the City Council. SUPPORTING DOCUMENTS ATTACHED: • Quote – Musco Sports Lighting, LLC • Field Lighting Agreement POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to accept quotes for the Soccer Field Lighting and to authorize Musco Sports Lighting, LLC to complete the work in the amount of $178,961.00; and to approve a Field Lighting Agreement between the City of Otsego and Boreal Futbol Club. BUDGET INFORMATION FUNDING: BUDGETED: Fund 205 – Park Capital Equipment Yes 2016, 2021 Musco Sports Lighting, LLC - 1 - M-2168-enUS-10 Quote Quote Project #223884 Otsego Soccer and Softball Complex Otsego, MN March 2023 Sourcewell Master Project: 199030, Contract Number: 071619-MSL, Expiration: 08/27/2023 Category: Sports lighting with related supplies and services All purchase orders should note the following: Sourcewell purchase – contract number: 071619-MSL Quotation Price – Materials Delivered to Job Site and Installation Soccer Field – 300’ x 200’ ................................................................................... $ 178,961 Sales tax and bonding are not included. Pricing furnished is effective for 60 days unless otherwise noted and is considered confidential. Light-Structure System™ with Total Light Control – TLC for LED™ technology Guaranteed Lighting Performance • Guaranteed light levels of 30 footcandles with uniformity of 2.5:1 System Description • Pre-cast concrete bases with integrated lightning grounding • Galvanized steel poles • Factory wired and tested remote electrical component enclosures • Pole length, factory assembled wire harnesses • Factory wired poletop luminaire assemblies • Factory aimed and assembled pole color accent luminaires • UL Listed assemblies Control Systems and Services • Control-Link® control and monitoring system to provide remote on/off and dimming (high/medium/low) control and performance monitoring with 24/7 customer support Operation and Warranty Services • Product assurance and warranty program that covers materials and onsite labor, eliminating 100% of your maintenance costs for 25 years • Support from Musco’s Lighting Services Team – over 170 Team members dedicated to operating and maintaining your lighting system – plus a network of 1800+ contractors Installation Services Provided See attached scope of work Payment Terms Musco’s Credit Department will provide payment terms. Email or fax a copy of the Purchase Order to Musco Sports Lighting, LLC: Musco Sports Lighting, LLC 2016, 2021 Musco Sports Lighting, LLC - 2 - M-2168-enUS-10 Quote Quote Project #223884 Attn: Amanda Hudnut Fax: 800-374-6402 Email: musco.contracts@musco.com All purchase orders should note the following: Sourcewell purchase – contract number: 071619-MSL Delivery Timing 8 - 12 weeks for delivery of materials to the job site from the time of order, submittal approval, and confirmation of order details including voltage, phase, and pole locations. Due to the built-in custom light control per luminaire, pole locations need to be confirmed prior to production. Changes to pole locations after the product is sent to production could result in additional charges. Notes Quote is based on: • Shipment of entire project together to one location. • Voltage and phasing electrical system to be confirmed before purchase. • Structural code and wind speed = 2018 IBC, 115 mi/h, Exposure C, Importance Factor 1. • Owner is responsible for getting electrical power to the site, coordination with the utility, and any power company fees. • Includes supply and installation of Musco system including underground wiring and conduit, service entrance panel board, and controls by a licensed contractor. • Standard soil conditions – rock, bottomless, wet or unsuitable soil may require additional engineering, special installation methods and additional cost. • Confirmation of pole locations prior to production. • All purchase orders should note the following: Sourcewell purchase – contract number: 071619-MSL Thank you for considering Musco for your lighting needs. Please contact me with any questions or if you need additional details. Scott Peitz Senior Sales Representative Musco Sports Lighting, LLC Phone: 612-368-9286 E-mail: scott.peitz@musco.com 225862v2225862v2 1 FIELD LIGHTING AGREEMENT THIS FIELD LIGHTING AGREEMENT (“Agreement”) is made this _______ day of _____________, 2023, by and between the CITY OF OTSEGO, a Minnesota municipal corporation ("City"), and the BOREAL FUTBOL CLUB, a Minnesota non-profit corporation (the "Club"). RECITALS A. The City owns and operates a soccer field park known as Lehrke Soccer Field Complex. B. The Club desires one full-size soccer field to have lighting installed at the Lehrke Soccer Field complex (“Field”) for extended playability for games and practices of the Club participants. C. The City is willing to construct and operate lights at the Field (the “Project”) and has received a quote that reflected the price of $178,961. With an additional estimated cost to bring service to the lights being around $4,000, and in addition to staff’s estimate of a contingency budget of $2,000, the total project cost amounts to approximately $184,961 (the “Project Cost”). D. The Club is willing to offset the City’s Project Cost by contributing a total sum of $125,000 to the City, by paying $12,500 every year for 10 years. E. The parties desire to set forth the terms and conditions related to the funding and construction of the Project in this Agreement. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. FIELD USAGE. City agrees to grant Club the right to use the field located at _______________________ (the "Field") for the purpose of soccer activities during the term of this Agreement. Club agrees to use the Field in a safe and responsible manner and in compliance with the City’s Park Field Use Policy 05.03, and in compliance with all applicable laws, rules and regulations. 2. LIGHTING. City agrees to construct and provide lighting for the Field during the term of this Agreement. The lighting shall be turned on and off according to the times agreed upon between City and Club. 3. FINANCIAL CONTRIBUTION. Pursuant to Minnesota Statutes § 465.03 the Club agrees to contribute the sum of $125,000 to the City over the course of 10 years for the purpose of offsetting the City’s Project Costs. The payment of $12,500 shall be made to City on an annual basis, no later than the December 1st of each calendar year, and shall be payable by wire transfer or a certified or cashier’s check. The first payment shall be due on December 1st, 225862v2225862v2 2 2023. The final payment shall occur before December 1st, 2032. The funds shall be used for development of the Project. 4. TERM AND TERMINATION. This Agreement shall commence on the date of execution written above and shall continue for a period of ten years. The City may terminate this Agreement for cause upon 60 days’ written notice to the other party if the other party breaches any material term or condition of this Agreement. 5. LIABILITY AND INDEMNIFICATION. Club shall indemnify and hold City harmless from any and all claims, damages, losses or expenses arising out of or in connection with Club's use of the Field, including, but not limited to, personal injury or property damage. 6. ASSUMPTION OF RISK OF LOSS. The Club assumes all risk for any loss of and to materials, equipment or property used or kept at the Field, from any cause whatsoever including, but not limited to, theft and vandalism. 7. OWNERSHIP. The Field and all improvements thereon will remain, at all times, in the sole possession, ownership and control of the City. No interest in real estate is being created by the City on behalf of the Club under the terms of this Agreement. The City is not transferring control of the Field by entering into this Agreement. 8. BINDING EFFECT. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 9. MISCELLANEOUS A. Unsafe Conditions. The Club will immediately notify the City’s Park and Recreation Director of any hazardous or unsafe conditions observed by the Club or its members during construction of the lighting Project. Notification shall be made by telephone, email, or in person. B. Notifications. Except as otherwise provided, notices required under this Agreement shall be electronic mail, hand delivered, or mailed as follows: AS TO CITY: City Parks and Recreation Director City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 (763) 235-3148; or (763) 235-3155 AS TO CLUB: Boreal Futbol Club ________________ ________________ ________________ Attn: ___________ 225862v2225862v2 3 The Club shall identify a primary contact for the Club, including address, email and telephone information and shall update the contact information with any changes. C. Assignment. The Club shall not transfer or assign this Agreement to any other party. D. Governing Law. The laws of the State of Minnesota govern the interpretation of this Agreement. E. Severability. If any provision, term, or condition of this Agreement is found to be or become unenforceable or invalid, it shall not affect the remaining provisions, terms, and conditions of this Agreement, unless such invalid or unenforceable provision, term, or condition renders this Agreement impossible to perform. Such remaining terms and conditions of the Agreement shall continue in full force and effect and shall continue to operate as the parties’ entire agreement. F. Entire Agreement. This Agreement represents the entire agreement of the parties and is a final, complete, and all-inclusive statement of the terms thereof, and supersedes and terminates any prior agreement(s), understandings, or written or verbal representations made between the parties with respect thereto. G. No Waiver. A waiver by either party of any of the terms and conditions of this Agreement at any instance shall notice deemed or construed to be a waiver of such term or condition for the future or of any subsequent breach thereof. THIS AGREEMENT executed by the parties hereto the day and year first above written. CITY OF OTSEGO BY: ______________________________ Jessica Stockamp, Mayor AND _____________________________ Audra Etzel, City Clerk BOREAL FUTBOL CLUB BY: 225862v2225862v2 4 __________________________________ __________________________________ __________________________________ __________________________________ __________________________________ ITS: Board of Directors