HomeMy WebLinkAboutContract 1739 ~ XcelEnergy~. Work Order
NORTHE~ STATES POWER COmPlY, ~Im~SOTA
Work Order: 00193941
Release
Executed: 11/06/03
Printed .' 11/06/03
Page : i
Mail Invoice To:
Vendor:
CITY OF COLUMBIA HEIGHTS
590 40TH AVE NE
COLUMBIA HEIGHTS M/~ 55421
Please Direct Inquiries to:
SUSAN M. MALAFA
Title: SC FIELD REP
Phone: 612/337-2326
Fax : 612/330-5517
Ext:
work Location:
Title: CITY OF COLUMBIA HEIGHTS LAMP RECYCLING SERVICE
Total Value : $12,000.00
Pricing Method: ESTIMATE
USD
** NOT TO EXCEED **
Contract Type : SERVICE start Date: 01/01/04
Project : End Date : 12/31/04
The work performed hereunder shall be in accordance with the attached standard
terms and conditions unless a contract between Contractor and Company for
this Work has been executed.
Terms and Conditions Text
Xcel Energy Services Inc.
and Operating Companies
of Xcel Energy, Inc.
~ XcelEnergy
Blanket Contract Agreement
City of Columbia Heights
Contract for Lamp Recyc!iing
Dated November 6, 2:003
Contract Number -193941
XcelEner ly
Cover Transmittal
Contract Agreement # 178900
TO:
CITY OF COLUMBIA HEIGHTS
590 40TH AVENUE NE
COLUMBIA HEIGHTS, MN 55421
ATTN: JEAN KUEHN
Documents Enclosed:
Original Agreement for your records, One copy for Signature & Return
Release(s)
Change Order / Amendment for Signature & Copy Returned
Other / Additional Information
Please sign and return one copy to:
Xcel Energy
414 Nicollet Mall
Minneapolis, MN 55401
Attn: Sue Malafa
Xcel Energy Services Inc.
Supply Chain Field Rep
612-337-2326
Date
XcelEner y
FLUORESCENT/HID LAMP RECYCLING AGREEMENT
THIS AGREEMENT is made and entered into this 1't day of January, 2004("Effective Date') by and
between the companies identified below, and shall remain in effect until the 31~t day of December, 2004
(the"Term"), unless terminated as provided for in the Contract Documents or extended by mutual agreement
between the parties:
Xcel Energy Services Inc. as agent for Northern States Power Company (Mirmesota) hereinafter (" Company")
and
Gty of Columbia Heights hereinafter (~ Contractor")
WHEREAS the Iffmnesota Legishture has enacted a statute that prohibits the disposal of fluorescent and
high-intensity discharge lamps in solid waste and requires Company, as a public utility that provides electric service
to 200,000 or more customers, to establish a system to collect and rec3a:le lamps from residents and small
(generating less than ten lamps per year) business customers;
WHEREAS Contractor has established and currently operates a system for the collection and recycling of
lamps from residents and small business customers; and
WHEREAS Company and Contractor desire to enter into an agreement whereby Company will pay a
percentage of costs incurred by Contractor for the collection and recycling of lamps from residents and small
business customers as part of Company's system to meet its statutory obligations.
NOW THEREFORE, in consideration of the terms and conditions stated in this Agreement, Company
and Contractor agree as follows:
Contractor Collection and Re .cycling: Contractor shall coordinate the collection and recycling of lamps
from residents of and small business customers in the cityof Columbia Heights. Collection and recycling
services shall be offered at no cost to Companyresidential and small business customers. Contractor shall
be responsible for contracting or ma~ similar arrangements with transporters and haulers used for
collection and recyclers. Contractor is solely responsible for the selection of transporters and haulers used
for collection and recyclers, and the overall operation of its system for the collection and recycling of
lamps. Contractor shall he responsible for.
a. Collection, staffing and citing of lamp collections;
b. Arranging and contracting with transporters and lamp recyclers;
Co
Completion and submittal of documentation as described in this Agreement, including
furnishing a description of Contractor's lamp collection and recycling program; and
Contractor agrees to serve as primary contact and coordinator for the city of Columbia Heights
municipalities, community groups, and other outside third parties who express interest in
implementing lamp collection events. Company agrees to reimburse Contractor for associated
lamp recycling expemes involved in these events in the same manner as specified in this
Agreement.
Contractor Reporting: Contractor shall provide to Company documentation regarding Contractor's lamp
collection and recycling program, including a description of collection and recycling costs.
Documentation shall:
Include the lamps collected, including, but not limited to, the total number and type of bulbs
collected, and
b. Show proof of recycling or disposal of lamps
c. Be provided within one month of the collection event.
Shall be provided using the Xcel Energy standardized reporting form. See Exhibit B (available in
electronic format)
Company Payment to Contra~or.
Company shall payto Contractor a percentage of the costs incurred by Contractor for the
collection and recycling of lamps from households as stated in Exhibit A.
Company shall payto Contractor the costs incurred by Contractor for the collection and
recycling of lamps from businesses disposing of 12 lamps or less which are docmz~nted
Company customers.
Contractor's collection and recycling costs shall indude the costs of transportation, hauling,
supplies,
administrative expenses and labor costs directly associated with lamp recy:ling.
d
Company shall payto contractor the costs incurred by Contractor for the collection and
recycling of the following types of lamps: fluorescent tubes, circular, u-bend, compact
fluorescents and high intensity discharge. Ballasts that are not attached to the bulb will not be
reimbursed.
eo
Contractor shall be responsible for its own expemes, including operation and maintenance of
collection site(s), storage space and promotional expenses above and beyond Company's
planned and coordinated promotions.
fo
Upon presentation of documentation of collection and recycling costs, Company shall have the
right to audit the documentation and request information.
In the event Company does not audit the documentation of Contractor collection and recycling
costs, Company shall paythe percemage of Conwactor collection and recy:ling costs thirty (30)
days after receipt of the documentation.
The terms of this Agreement are dependent upon 1VFmnesota Departmem of Commerce (DOC)
approval of the request by Company to implement the Program in Company's lVfmnesota
Service area as a Conservation Improvement Program (CIP). If approval is subsequently
withdrawn, or recovery of program costs through electrical rates is disallowed bythe lVftnnesota
Public Utih'ties Commission (MPUC), this Agreement is null and void upon notification to
Contractor. No further payments shall be made by Company to Contractor except that
Company shall make such payments for which services have been rendered to the date of
notification.
Contractor Indemnification: Contractor shall indemnifT and hold Company harmless from and against all
claims, damages, losses and expenses including attorney's fees and other litigation expenses, arising out of the
operation of its system for the collection and recycling of lamps, including the selection of transporters and
haulers used for collection and recyders. This section shall survive the completion of, or termination of this
Agreement, or any breach thereof.
Company Indemnificatiom Company shall indemnify and hold Contractor harmless from and against all
claims, damages, losses and expenses including attomey's fees and other litigation expenses, arising out of the
negligent acts or omissions or willful misconduct of Company, or its employees or agents, regarding
Company's obligations under this Agreement. This section shall survive the completion of, or termination of,
this Agreement, or any breach thereof.
Codes, Laws and Re~m~lations: Contractor and its Subcontractors, and their employees, agents, and
representatives shall perform the Services in a safe and professional manner and shall at all times comply
with applicable federal, state and local laws, codes, ordinances, statutes, rules, standards, regulations,
orders, decrees, or other legal requirement, as such are amended from time to time. Contractor agrees to
hold harmless and indemnify Company against all government claims, fines, losses and expenses (including
reasonable attorneys' fees) arising out of or resulting from the Contractor's failure to comply with legal or
practical safety requirements and safeguards.
Notice: All irrforrnafion should be sent by United States mail, postage prepaid, to the following
representatives of Company and Contractor.
Contractor.
Jean Kuehn
City of Columbia Heights
590 40th Avenue NE
Columbia Heights, MN 55421
Company
Xcel Energy Services Inc.
Attention: Kim Sherman
414 N~collet Mall (RS-7)
Ivfirmeapolis, MN 55401
IN WITNESS WHEREOF, the duly authorized representatives of the parties hereto have executed th/s
Agreement.
Name:
Title:
(Sue Malafa
Supply Chain Field Rep
612-337-2326
EXHIBIT A
Contractor
The percentage of Contractor's lamp collection and recycling costs which Company shall pay is 100 percent
based on the percentage of households in city of Columbia Heights which are residential customers of
Company.
Exhibit B
Lamp Recycling Reporting - Invoice
To:
Klm Sherman
Xcel Energy
414 Nicollet Mall, RS-7
Minneapolis MN 55401
Invoice date:
Invoice #:
Time Period:
Remit Payment To:
Disposal
4' fluorescents and under
Over 4' fluorescents
Compact fluorescents
Circular fluorescents
High Intensity Discharge (HID)
U-Shaped fluorescents
Other
Broken
Transportation
Total disposal cost
Administration Cost
Labor Cost
Storage Cost
Supplies
Total Labor
Subtotal
100% of Subtotal per contract
Quantity
Price Each
Total Cost
$
$
Total Amount Due
TERMS AND CONDITIONS OF CONTRACT
1.1~ DEFINITIONS.
1.1 Company: Business entity issuing this Contract as named on the face of this order.
, 1.2 Contractor: Business entity to whom this Contract is issued as named on the face of this order.
2.0 ACCEPTANCE/AGREEMENT. The Contractor's signing and returning the Contract acknowledgement or commencement of the provision of services, work on goods, or shipment of
goods, subject to this Contract, whichever occurs first, shall be deemed an effective mede of acceptance of this contract. Any acceptance of this contract is limited to acceptance of the
express terms contained on the face and back hereof, and any terms specifically incorporated by reference by Company.
3.0 ASSIGNMENT. Company reserves the right to assign this contract agreement to successors, affiliates, or subsidiaries as part of a merger without further notice to the Contractor. Such
assignment shall not require the consent of Contractor. No part of this order shall be assigned or subcontracted by Contractor without Companys written consent.
4.0 ENTIRE AGREEMENT. This Contract, including these Terms and Conditions, any Specifications, and any additional terms and conditions incorporated into and attached hereto or
referenced herein, constitute the sole and entire agreement between the parties. Unless expressly accepted by Company in writing, no other terms and conditions in conflict with or in
addition to, those stated herein, shall be binding on Company.
5.0 GOVERNING LAW. The terms and conditions provided herein and the rights of all the parties hereunder shall be construed under and govemed by the laws of the state in which the
Company is incorporated.
6.0 INSPECTION, ACCEPTANCE OR REJECTION, AND EXPEDITING. All goods and services shall be subject to Company's inspection at any time. Company may accept or reject any or
ail goods and services within a reasonable time after receipt by Company. The making or failure to make any inspection of, or payment for or acceptance of the goods and services shall in
no way impair Company's dght to reject or revoke its acceptance of nonconforming goods and services, or to avail itself of any other remedies to which Company may be entitled,
notwithstanding Company's knowledge of the nonconformity, its substantiality or ease of discovery. Company personnel or assigned agents shall have the right of access to the Contractor
and the Contractor's major subContractor's plant{s) for expediting purposes. As required by Company, the Contractor shall supply schedules and progress reports to Company for use in
expediting.
7.0 WARRANTY. The Contractor warrants that all the goods and services furnished hereunder shall be produced and fumished in compliance with all applicable federal, state and local laws,
orders and regulations. Unless otherwise specified herein, the Contractor shall obiain all permits necessary for performance under this Contract. Contractor expressly warrants that all goods
or services furnished under this contract shall conform to all specifications and appropriate standards, will be new, and will be free from defects in material and workmanship for a period of
one year from the date of the completion of installation, unless otherwise agreed to in writing by the parties. Company shall have the benefit of all warranties implied at law and express
warranties made by the Contractor. Contractor agrees to replace or correct defects of any goods or services not conforming to the foregoing warranty promptly, without expense to
Company, provided Company elects to provide Contractor with the opportunity to do so.
8.0 PRICE AND PAYMENTS. Unless otherwise specified, the price for goods and services includes all charges for packaging, boxing and crating. Shipments shall be F.O.B. Origin and shall
be routed in accordance with any attached routing instructions. In making payments hereunder, Company shall be entitled to conclusively presume that payment information fumished by the
Contractor, such as name, account number(s) and name of payee is accurate. In no event shall Company make a second payment where the fimt payment is made in accordance with such
Contractor furnished information. All payments shall be in U.S. currency. Payment terms shall be Net 30 days after receipt of invoice unless otherwise agreed to under this Contract.
9.0 INVOICING. All invoices for services must have the Taxpayer I.D. Number or Social Secudty Number unless previously submitted to Company's Accounts Payable. Invoices shall have
sufficient detail and back-up information (e.g. time sheets, equipment rates, etc.) to allow verification that they are accurate.
10.0 SETOFF. All claims for money due or to become due from Company shall be subject to deduction or setoff by the Company by reason of any claim arising out of this or any other
transaction with Contractor.
11.0 TERMINATION. Company shall have the right to cancel or suspend, by written notice, in whole or in part, this Contract. Except in the case of termination for breach, allowance will be
made for normal and reasonable expenses incurred by the Contractor prior to receipt of notice of cancellation, but Company will not be liable for any charges or expenses incurred by the
Contractor in advance of the normal or reasonable lead time necessary to meet scheduled delivery dates nor for any expenses, charges or liability incurred subsequent to the giving of notice
of cancelletion. For the purpose of this provision, the Contractor shall conclusively be deemed to have breached the Contract in the event the Contractor becomes insolvent or commits an
act of bankruptcy.
12.0 INFRINGEMENT. The Contractor shall, at its own expense, hold harmless and defend Company against any claim, suit or proceeding brought against Company which is based on a claim,
whether rightful or otherwise, that the goods or services, or any part thereof, fumished under this Contract, constitute(s) an infringement of any patent, copyright, or trade secret, and the
Contractor shall pay all damages, costs, and expenses adsing from such claims.
13.0 INDEMNITY. The Contractor shall defend, indemnity and hold Company harmless from and against all claims asserted by a third party (or parties) and related damages, losses and
expenses, including attorneys' fees, arising out of or resulting from the Contractor's performance of or failure to perform under this Contract.
14.0 INSURANCE. The Contractor shall maintain such insurance as will protect the Contractor and Company from claims under Worker's Compensation acts and from claims for damages
because of bodily injury, including death, and property damage which may adse out of or be connected with the performance of this Contract, whether such claim arises out of the act or
failure to act of the Contractor, Company, or of the direct or indirect delegee, appointee or employee of either of them.
14.1 The Contractor shall maintain insurance wdtten in the kinds and minimum limits of liability specified below.
14.1.1 Worker's Compensation Statutory, Employer's Liability Limit, in the amount of one million dollars ($1,000,000).
14.1.2 Commercial General Liability Insurance, occurrence form, providing bodily injury, personal injury, and property damage liability with combined single limits of not less than one
million dollars ($1,000,000) and including Contractor's Protective, Products and Completed Operations, Broad Form Property Damage with no explosion, collapse and underground
(XCU) exclusions, and contractual liability coverage for the indemnity agreement contained herein.
14.1.3 Comprehensive Automobile Liability with a combined single limits of not less than one million dollars ($1,000,000).
14.2 If requested by Company, the Contractor shall file certificates of the aforementioned insurance with Company on a form acceptable to Company.
15.0 CONSEQUENTIAL DAMAGES. In no event shall either party be liable for any special, consequential, incidental, indirect or other like damages.
16.0 CONTRACTOR DIVERSITY AND EQUAL EMPLOYMENT OPPORTUNITY. The clauses found in the attachment, Xcel Energy Requirements Concemieg Contractor Diversity and
Equal Employment Opportunity, are hereby incorporated into and made a part of the Terms and Conditions of this Contract.
17.0 INDEPENDENT CONTRACTOR. Dudng the performanca of this Contract, the Contractor shall be an independent contractor and not an agent of Company.
18.0 WAIVER. Company's failure to insist on performance of any of the terms or conditions herein or to exercise any dght or privilege, or Company's waiver of any breach hereunder shall not
waive any other terms, conditions, or privileges, whether of the same or similar type.
19.0 PROPRIETARY INFORMATION- CONFIDENTIALITY - ADVERTISING. Contractor shall consider all information furnished by Company to be confidential and shall not disclose any such
information to any other entity or person, or use such information itself for any purpose other than performing this contract, unless Contractor obtains advance wdtten permission from
Company to do so.
Revised 9/7/00