HomeMy WebLinkAbout2016-2706RECEIVED Contract 2016 -2706
JUL 112016
Customer. City of Columbia Heights
Address: 637 38th Ave NE
City: Columbia Heights State: MN Zip Code: 55421
Project charges of. Sixty two thousand three hundred twenty one dollars and 001100 Dollars: $62,321.00
In accordance with the following terns of payment: Payment due 30 days after construction is completed
For Association or City of: Columbia Heights
Streetlights/Facilities Location: Stinson Blvd NE from 37th Ave NE to Silver Lane NE (west side of the street only)
Rate Code: A30 Pre -Pay Option 100W High Pressure Sodium. A Pre -Pay Option Surcharge will be applied if applicable.
Service consistinsa of.
Installation of Company Owned streetlight facilities consisti of:
Date:
03/24/16
Designation of Lamps:
Number of Luminaries:
Install by plow approx. 500' of #6 CU wires in 1 W conduit.
8- 100W HPS Vernon Fixtures
Install 8 -100W HPS Vernon Fixtures on 15' base mounted fluted
Fixture Color — Black
fiberglass poles, black in color.
8- 15' Base Mounted Fluted Fiberglass Poles
Restoration is not included in this contract.
Pole Color— Black
Project charges valid for 60 dan from signing of contract.
Customer and Xcel Energy agree to the attached terms and conditions for the installation and moving of the facilities
identified above. Customer and Xcel Energy agree that the operation of the facilities shall be subject to the General
Street Lighting Contract for Oper^ bons & Maintenance Services between Customer and ce Energy, dated
Dated thls day of 0 Dated this day of 2
Customer: City Columbi eightAA Xcel Energy-
0
Mayor Tide:
Title: City Manager
r
B
XCEL ENERGY USE ONLY
Date:
03/24/16
Div: MPLS
Xcel Ene Outdoor L!Uhting Consultant Angela Adesoro
Xcel EneEgy Project Number: 123
Customer Charges Paid:
Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc.
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1 - �• s
Customer and Company agree to the following terms and conditions:
Outdoor Lighting
825 Rice Street
St. Paul, MN 55117
Acceptance. Execution of this Agreement constitutes Customer's acceptance of the express terms of Company's
proposal and the offer contained therein, which are included and incorporated into this Agreement. Any additional
or different terms proposed by Customer, or any attempt by Customer to vary in any degree any of the terms in this
Agreement in Customer's acceptance, are hereby objected to and rejected, and (i) such additional or different terms
shall not operate as a rejection of the incorporation of the Company's proposal in this Agreement unless such
variances are with respect to terms involving the description, quantity, or delivery schedule of the Work to be
performed by Company as described in Company's proposal ("the Work" means the supplying of any labor,
materials, or any other work of Company expressly described in Company's proposal); (if) such additional or
different terms shall be deemed a material alteration hereof; and (iii) Company's proposal shall be deemed
accepted by Customer and incorporated into this Agreement without said additional or different terms.
2. Request for Installation; Rights. Customer requests that Company install outdoor fighting at the locations)
designated on page one and/or as shown on the attached exhibit. Customer grants Company any right, privilege
and easement to install, operate and maintain its facilities, including underground facilities, on the property.
3. Installation Requirements. Customer agrees that, prior to Company starting work: (1) the route of Company's
service installation shall be accessible to Company's equipment; (2) Customer will remove all obstructions from
the route at no cost or expense to Company; (3) Customer will clearly mark all septic tanks, drain - fields, sprinkler
systems, water wells, owner - installed electric or pipeline facilities, or other Customer -owned facilities in the
installation route; and (4) the ground elevation along the route shall not be above or more than four inches below
the final grade. Company will contact the appropriate agency to locate V party utility facilities (phone, cable,
etc.) on Customer property. Customer agrees Company is not responsible for damage to Customer -owned
underground facilities not marked at the time of outdoor lighting service Installation.
4. Installation Cost Contribution. Customer agrees to pay an installation cost contribution provided in Project
Charges on page one. Customer is responsible for any additional installation costs incurred by Company
because of (1) soil conditions that impair the installation of underground facilities, such as rock formations, etc.,
(2) extensive existing underground facilities, and (3) any existing conditions that exist but did not exist at the time
the installation cost was determined, such as new sidewalks, curbing, black top, paving, sod or other landscaping
and obstructions along the cable route.
5. Winter Construction Charges. When underground facilities are installed between October 1 and April 15,
inclusive, because of failure of Customer to meet all requirements of the Company by September 30, or because
the Customer's property, or the streets leading thereto, are not ready to receive the underground facilities by
such date, such work will be subject to a Winter Construction Charge when winter conditions of six inches or
more of frost exist, snow removal or plowing is required to install service, or burners must be set at the
underground facilities in order to install service for the entire length of the underground service. Winter
construction will not be undertaken by the Company where prohibited by law or where It is not practical to install
underground facilities during the winter season. The charges apply to frost depths of 18' or less. At greater frost
depths, the Company may individually determine the job cost. The Company also reserves the right to charge
for any unusual winter construction expenses. Ali winter construction charges are non - refundable and are in
addition to any normal construction charges.
6. Schedule; Delays. Quoted shipping and completion dates are approximate and are based on prompt receipt of
all necessary information and approvals from Customer and access as required by Company and its contractors
or subcontractors (if any) to the site and to the equipment which is the subject of this Agreement. If Company's
performance is delayed by Customer's suspension of work, in whole or in part, or by any act or omission of
Customer, the time for performance will be extended by the period of time required by Company to return to the
state of performance that existed before the delay. If the delay or suspension continues for sixty (60) days,
Company has the right to cancel or renegotiate the Agreement. Customer will pay an equitable adjustment based
on a claim submitted by Company for all reasonable costs, damages and expenses incurred by Company incident
to the delay or suspension.
Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy inc.
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Outdoor Lighting
825 Rice Street
St. Paul, MN 55117
7. Changes. The prices for any extras or changes to the scope of the Work or modifications to the payment or
performance schedule will be agreed upon in writing before either party will be obligated to proceed with such
changes. Performance of any change will not waive any claims for equitable adjustment in price or schedule.
S. Relocating Facilities. Customer agrees to pay the cost of relocating any portion of facilities, including
underground facilities, to accommodate Customer or as required due to altering of grade, additions to structures,
installation of patios, decks, gardens, sidewalks, curbing, paving, blacktop, sod, landscaping or any other
condition which makes maintenance of the Company's facilities impractical. Company shall notify Customer of
such relocations prior to incurring relocation costs.
9. Environmental. Prior to the start of the Work, Customer will provide notice of any hazardous materials or
hazardous situations that it is aware of with respect to the facilities where the Work is to be performed or that
could affect the Work. In the event Company encounters the existence of asbestos, asbestos containing
materials, formaldehyde, lead, or potentially toxic or otherwise hazardous material in the performance of the
Work, the discovery thereof shall constitute a cause beyond Company's reasonable control and Company shall
have the right to cease or not commence the Work until the area has been made safe by Customer or
Customer's representative, at Customer's expense.
10. Restoration. Company will restore any excavation of the boulevard on Customer's property with existing soil so
it is level and clean. Customer is responsible for the final compacting, loam, seeding, sod or watering of the
boulevard at Customer's expense unless otherwise noted on page one of this Agreement.
11. Additional Charges. In addition to the project charges on page one of this Agreement, Company shall be
compensated for any added costs of performing the Work attributable to any one or more of the following: (i) any
and all extras and change orders and any and all other additional work mutually agreed by Customer and
Company; (ii) any and all costs and expenses related to asbestos or other environmental matters, any
unforeseen conditions or any changes in the law; and (iii) any and all added costs and expenses of performing
the Work attributable to any change by Customer in the criteria or information for the facility or to any delay or
breach by Customer or its subcontractors.
12. Operations, Maintenance. Customer requests and authorizes Company to provide illumination and maintain
the street lighting facilities under the Terms and Conditions as described in Customer's General Street Lighting
Contract for Operations & Maintenances Services with Company, which shall be effective upon the completion
date of the street light installation.
13. Payments. Unless otherwise specified In Company s proposal, Company may at its option invoice Customer upon
completion of the Work or invoice Customer on a monthly basis for construction work performed under this
Agreement. Customer shall pay Company all invoiced amounts within thirty (30) days of receipt of invoice.
14. Termination. Customer may terminate the Agreement only upon written notice to Company and payment to
Company for all (1) services and Work rendered or performed to the effective date of such termination; (ii)
materials, supplies and equipment purchased prior to the effective date of such termination; and (iii) costs
incurred by Company as a result of such termination. To the extent that Company uses the materials, supplies,
or equipment on other projects or for maintenance purposes, Customer will not be charged for them.
15. Warranties. Company shall perform the Work in a safe and professional manner in accordance with all applicable
codes, standards, regulations and laws. Company shall repair, replace or correct to Customer's satisfaction all
faulty or substandard work or defects in materials which appear within ninety (90) days from the date of completion
of the Work. Acceptance of the Work or payment by Customer shall not affect this obligation. THE WARRANTIES
SET FORTH iN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL STATUTORY OR IMPLIED
WARRANTIES (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR ANY IMPLIED
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE).
Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc.
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tl
Outdoor Lighting
825 Rice Street
St Paul, MN 55117
Company ever be liable to Customer for any damages or other amounts (including, without limitation, direct or
actual damages), whether arising in contract or tort (including, without limitation, negligence) or otherwise, under or
in connection with this Agreement or the Work, in an amount, in the aggregate, in excess of the total price paid for
the Work; any and all claims for damages in excess of such amount being hereby forever waived and released by
Customer, provided, however, that nothing contained in this sentence shall waive or limit any direct damages which
Customer may suffer on account of Company's gross negligence or willful misconduct.
17. Force Majeure. Neither party will be liable to the other for any delay or failure to perform due to any cause beyond
its reasonable control, including fire, flood, strike or other labor difficulty, act of God, or act of any governmental
authority. The party experiencing the force majeure will notify the other party promptly, and appropriate
adjustments will be negotiated. in the event of delay in performance due to force majeure, the date of delivery or
time for completion will be extended by a period of time reasonably necessary to overcame the effect of such
delay, provided that if such delay continues for 60 days the party not experiencing the force majeure may
terminate this Agreement.
18. Document Approval. Company may request that Customer review documents developed by Company for
conformity with Customer requirements or specifications, unless Customer advises Company otherwise in
writing within fifteen (15) days after Company's submission; Company may consider the documents approved
and proceed with work. Changes thereafter, made at the direction of Customer, will entitle Company to
adjustment by change order.
19. Documentation and Proprietary Information. Customer will provide Company with accurate and complete
information in order to permit Company to successfully undertake and complete the Work. Company shall not be
prohibited from disclosure or use of proprietary or confidential information or documents necessary for Company to
secure or maintain in effect any license or permit, or otherwise to complete the Work. Where Customer information
is incomplete or incorrect, resulting in delay or extra work, Company will be entitled to adjustment by change order.
20. Work Product. All reports, drawings, plans, specifications, calculations, studies, software programs, tapes,
models and memoranda, if any, assembled or prepared by Company or Company's affiliates, independent
professional associates, agents, consultants, contractors or subcontractors pursuant to this Agreement are
instruments of service in respect of the Work, and Company shall retain all ownership and property interest
therein, whether or not the Work is completed. Customer may make and retain copies for information and
reference in connection with the Work; provided, however, that it is understood and agreed that such documents
are not intended to be re -used by Customer or others on extensions of the project or on any other project or any
other purpose other than as expressly set forth in this Agreement, and Customer shall not re -use or disclose to
any third party all or any portion of such work product without the express prior written consent of Company.
21. Customer Facilities. Company does not assume any responsibility for the adequacy, safety or satisfactory
performance of Customer's facilities. Customer shall, to the fullest extent permitted by law, indemnify, defend
and hold harmless Company and its officers, directors, agents, employees, and representatives from and against
any and all losses, claims, damages, expenses (including attorneys' fees and costs) arising, for any reason
whatsoever, out of the failure, non - operation or faulty performance of Customer's facilities (except to the extent of
Company's gross negligence or willful misconduct).
22. Subcontracting. Company may subcontract any portion or all of the Work without the approval of Customer.
23. Independent Contractor. Nothing contained in this Agreement nor any acts of the parties shall be construed to
create the relationship of principal and agent, or of limited or general partner, or of joint venture or of any
association between or among the parties to this Agreement, except that of owner and independent contractor.
24. Title; Rights of Access. Customer warrants that it has fee simple title to the property. Customer hereby grants
to Company the right to enter and improve the real property for the purposes stated herein.
25. Ownership. Customer shall acquire no right, title or interest in any portion of the Work or Company's equipment
or facilities placed in, on, over, through and/or under the real property by Company. The Work constructed and
installed by Company on the real property of Customer shall be and mean the personal property of Company,
shall not be considered a fixture of the property, shall not attach to the realty, and shall not be alienable or
Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc.
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ati� din.
Outdoor Lighting
825 Rice Street
St. Paul, MN 55117
lienable by Customer or any other party. Further, Company may remove, repair and replace the Work and its
component system and equipment at any time without notice in Company's sole and absolute discretion.
26. Other. It is agreed that failure by Customer or by Company at anytime or from time to time to enforce any of the
provisions of this Agreement shall not be construed to be a waiver of such provision or of Customer's right or
Company's right, respectively, to thereafter enforce each and every provision hereof. This Agreement contains,
with respect to the specific services to be performed by Company, the entire understanding of the parties, and
shall supersede any other oral or written agreements and be binding upon and inure to the benefit of the parties'
successors and assigns. This Agreement may not be modified in any way without the written consent of both
parties. If any provision of this Agreement is determined by a court to be unenforceable, then such provision will
be deemed null and void but the remaining provisions shall be enforceable according to their terms. This
Agreement shall be construed and interpreted in accordance with the internal laws of the State of Minnesota (as
opposed to conflicts of laws provisions) as though all acts and omissions contemplated hereby or related hereto
occurred in Minnesota. No course of prior dealing, usage of trade and course of performance shall be used to
modify, supplement or explain any terms of this Agreement. Neither Party will assign or otherwise transfer its
rights or obligations hereunder, in whole or in part, without the advance written consent of the other.
Notwithstanding the above, Company may assign its rights or obligations to any of its affiliates without the written
consent of Customer.
27, Governing Law. The Terms and Conditions provided herein and the rights of all the parties hereunder shall be
construed under and governed by the laws of the State of Minnesota.
Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc.
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