HomeMy WebLinkAbout10C - Downtown Streetlights
CITY COUNCIL AGENDA REPORT
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
NOVEMBER 17, 2003
1.0C
SUE MCDERMOTT, CITY ENGINEER
CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING THE PURCHASE
OF STREETLIGHTS FROM XCEL ENERGY FOR THE DOWNTOWN
REDEVELOPMENT PROJECT AND LAKEFRONT PARK
DISCUSSION:
HISTORY
One of the eight vision elements identified in the City's 2020 Vision and Strategic
Plan is downtown redevelopment. Two of the primary achievements that must be
reached in order for this vision element to become a reality were identified as
follows:
1. Compete redevelopment plan tying Downtown to the Lake.
2. Implement plan for reconstruction of streets, design of a streetscape and
construction of a pedestrian campus.
BRAA (Bonestroo Rosene Anderlik & Associates, Inc.) are preparing the
downtown streetscape plans and specifications including parking plans. The staff
has been working to research lighting fixtures for the downtown which will be
consistent with the downtown theme, functional and will not add inordinate
maintenance burden to the staff.
The 2003 Capital Improvement Program contains $110,000 for lighting of Kop
Parkway and Lakefront Park parking lots. The reconstruction of Main Avenue and
Dakota Street, including streetscaping, are in the City's Capital Improvement
Program (CIP) for the year 2004 at an estimated cost of $1,815,000. Of this
amount, $220,000 has been earmarked for street lighting.
The street lights are being acquired at this time for numerous reasons:
1) Existing businesses are asking how they can purchase the lights which the
City intends to use for their private property. We would like to encourage this
behavior by making the lights available for purchase at our cost. 2) The lights
themselves are a specialty item. More than any other streetscape improvement,
the lights will define this downtown area uniquely as the Prior Lake downtown. 3)
Part of the street lighting to be accomplished is in Lakefront Park which we hope
to have completed before and separate from the downtown streetscaping
improvements.
G :IAgenda IAgenda03\streetlights.DOC
1
www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
ISSUES:
G :\Agenda \Agenda03Istreetlights.DOC
Current Circumstances
The staff has reviewed the specifications of numerous lighting manufacturers. We
have evaluated purchasing the lights from a private vendor who would install
them. The City would then pay electrical costs and maintain the lights (replace
bulbs, ballasts and periodically clean). Ultimately lights will be acquired along
County Highway 21 from County Highway 42 to County Highway 27, along
downtown streets both north and south of County Highway 21 and in Lakefront
Park. We estimate that when all lights have been purchased and installed, there
will be in excess of 100 light fixtures (this order proposes 51 fixtures).
The addition of over 100 lights in maintenance terms represents a significant and
ongoing additional responsibility for City staff. Instead it would be more cost
effective to pay once only for the appliance and be included in Xcel Energy's
Group 5 rate (explained later in this report) for electricity and maintenance costs.
We have worked with Xcel Energy to prepare a lighting plan for the downtown
area and Lakefront Park. The lighting plan considers the amount of lights to be
provided, the aesthetics of the fixture and budget.
The proposal for the downtown area includes twelve (12) 15-foot poles with the
City logo at $3,525 each and seventeen (17) 15-foot poles without the City logo
at $3,000 each for a price excluding installation of $93,300. The poles with logo's
are to be installed at intersections. Midblock poles will not have logo's. These
lights are intended to meet both pedestrian and motor vehicle needs. Each pole
is equipped with a flag holder and plant holder. Installation of this equipment will
be completed by Xcel Energy based upon the plans being prepared by BRAA.
With the purchase and installation of the lights, Xcel Energy offers a special
discounted rate of $6.50 per light per month to the City for maintenance and
electricity costs.
The proposal for Lakefront Park includes eight (8) shoebox style lights and
fourteen (14) downtown type fixtures, four of which will contain the logo. The four
downtown style lights with exposed rock bases will be in front of the pavilion
taking the place of the four existing lights. These lights will further highlight the
pavilion/band shelter area and connect Lakefront Park thematically to the
downtown. The eight (8) shoebox style fixtures and the ten (10) remaining
downtown style lights will illuminate the four parking lots in Lakefront and Kop
Parkway. The total cost for this lighting plan including equipment, installation and
maintenance is $149,500.
Under Minnesota Statutes purchases in excess of $50,000 are typically
accomplished through bidding. However, under Minnesota Statutes 471.36, Non-
Competitive Supplies and Equipment, the statute provides that, "the provision of
Section 471.35 to 471.37 shall not apply..."
These lights are non-competitive supplies and equipment for the following
reasons: 1) The specific light is uniquely manufactured for the City of Prior Lake
and not mass produced, 2) Private sector vendors can provide the bid for the
equipment but will not provide a bid for maintenance, 3) Other utilities would
2
FINANCIAL IMPACT:
ALTERNATIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
G :\Agenda \Agenda03Istreetlights.DOC
provide bids which include equipment, installation or maintenance but such
action would require the amendment of our franchise agreement to allow another
utility to work within the service area of Xcel Energy.
Other issues include the following:
1. Timing: The cost of the streetlights is expected to go up 10-15% on
December 151. Therefore staff would like to order the lights as soon as possible in
order to realize a cost savings.
2. Funding: Funding for the streetlights to be installed downtown is proposed
from the Collector Street fund. All or a portion of this money could be recouped
through special assessments.
3. Maintenance: By purchasing the streetlights through Xcel, the City can take
advantage of Xcel's Group 5 rate. With upfront payment for installation of the
streetlights, Xcel will provide all maintenance for 25 years and apply a special
rate of $6.50 per month per light which will cover both the maintenance and
energy costs. A copy of Xcel's standard construction contract is attached to this
report as is a description of the Group 5 plan.
The funding for the project will come from the Collector Street fund ($93,300) and
the Capital Parks fund ($149,500).
There are two alternatives for the City Council to consider:
1. Approve a resolution which authorizes the purchase of streetlights from Xcel
Energy in the amount of $93,300 for the downtown reconstruction project and
$149,500 for the purchase and installation of lights for Lakefront Park and
authorizing the City Manager to enter into a construction contract with Xcel
for the installation of streetlights in Lakefront Park.
2. Deny this item for a specific reason and provide staff with direction.
3
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
RESOLUTION 03-XX
A RESOLUTION APPROVING THE PURCHASE OF STREETLIGHTS FOR THE DOWNTOWN
REDEVELOPMENT PROJECT AND LAKEFRONT PARK AND AUTHORIZING THE CITY MANAGER
TO ENTER INTO A CONSTRUCTION CONTRACT WITH XCEL ENERGY
MOTION BY:
SECOND BY:
WHEREAS, plans are being prepared for the reconstruction of Main Avenue from Kop Parkway to
CSAH 21 and Dakota Street from TH 13 to Erie Avenue, including the design of a
"streetscape" with decorative streetlighting; and
WHEREAS, the adopted Capital Improvement Program for 2004-2008 and the City's 2020 Vision and
Strategic Plan has designated this project as a priority for the City; and
WHEREAS, Xcel Energy has provided a quote to purchase streetlights for the Main Avenue and
Dakota Street reconstruction in the amount of $93,300 and a quote to purchase and
install streetlights for installation in Lakefront Park in the amount of $149,500; and
WHEREAS, Xcel Energy will maintain the streetlights for 25 years under their Group 5 plan.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA,
THAT:
1. The recitals set forth above are incorporated herein.
2. City staff is authorized to purchase streetlights for Main Avenue, Dakota Street and Lakefront
Park in the amount of $93,000 excluding installation.
3. The Mayor and City Manager are hereby authorized to enter into a contractas approved by the
City Attorney with Xcel Energy in the name of the City of Prior Lake for the purchase and
installation of streetlights in Lakefront Park in the amount of $149,500.00.
4. The source of funding for this project will come from the Collector Street fund and the Capital
Parks fund.
Passed and adopted this 17th day of November 2003.
- -
Haugen Haugen
Blomberg Blomberg
LeMair LeMair
Petersen Petersen
Zieska Zieska
YES
NO
{Seal}
G:\Resolution\Resol03\STREETLIGHTS.DOC
Frank Boyles
City Manager
www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
II Xcel Energy'"
OUTDOOR LIGHTING
1971 Gateway Boulevard
Arden Hills, Minnesota 55112-2750
November 6, 2003
Ms. Sue McDermott
City of Prior Lake
16200 Eagle Creek Avenue S.E.
Prior Lake,:MN 55372-1714
Dear 115 McDermott:
As promised, I am sending you the information you requested from our conversation on November
6,2003. The information that follows is for the Downtown reconstruction area that has been
discussed. This is product only, this does not include any installation costs
12 ea. -150 watt Domus fixture on a 15' pole w/medallion, /$3525 ea - Total = $42,300
plant holder, and flag holder
17 ea. -150 watt Domus fIxture on a 15' pole wo/medallion, /$3,000 ea. - Total = $51.000
wi plant holder, and flag holder
Total = $93,300
If there is anything further I can assist you with, please don't hesitate to call me. At your
convenience, I would very much like to continue to help with any questions in the future. I look
forward to speaking with you soon.
Sincerely,
c ~reft~
Principal Consultant
651-634-7807
II Xcel Energy"
OUTDOOR LIGHTING
1971 Gateway Boulevard
Arden Hills, Minnesota 55112-2750
~ovenaber10,2003
115. Sue McDermott
Gty of Prior Lake
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
Dear 115. McDermott:
I'm submitting you a cost for the lighting project that we have discussed, at Lake Front Park in the
Gty of Prior Lake. The cost includes all of the labor to install. and the ~j~rigJJha.l1amlistingr
below. We will be ~in.g the Plow naethod, with some directional boring to install the conduit and
wire. To include the following materials.
14 ea. - 150 watt Donaus fixtures
10 ea. - 12' Aluminum poles no/medallions
8 ea. - 30' Square Aluminuna poles
4 ea. - 6" Screw-in anchor bases
1 ea. - Feed point cabinet
8 ea. - 250 watt Gullwing fixtures
4 ea. -15' Aluminum poles w/medallions
10 ea. - Concrete bases wi exposed rock
1 ea. - 8" Screw- in Anchor base
8 ea. - Concrete parking lot bases
The preliminary cost to conaplete this project as it is specified above will be $149,500. All pole,
fixtures, and other accessories will be Dark Bronze in color. All 12' and 15' poles will have flower
j basket bracket, and flag holder.
Thank you, for the opportunity to provide this service to City of Prior Lake. I would very nauch like
to meet with you as soon as possible to discuss this proposal. At that time we could make any
necessary changes needed, and provide you with a final proposal and design for this project. If you
have any questions, please do not hesitate to call nae.
Sincerely,
~~~
Principle Consultant
(651) 634-7807
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Xcel
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NClItMm ..... PowerComp8ny
MinnIIpoIfs.. MInnIICIta !54O'i
.NNBSOTA ELEC1'RIC RATe BOOK - MPUC NO. 2
, ~
RULES FOR APPLICATION OF
STUEl UGHTlNG RATES
Section No. 5
0rIgInIl sr.t No. 82
~ from MPUC No.1 SheM No. 5-S2.1
1. SERVICE INCLUDED IN RAT!
... StINt L/ghIIng s)am StMce.
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PurdIue 0DIi0n. · .
CuItomer shall purchaee from CornpIny 1he entire OI118mIIalltrIet IIghtII)g system including
undergrOund ~ ......... bdMts. ..... photoceIII. and g........ and tnII.rer
ownership to the Company. The streit lighting aya\Wn IhIIl be Company appnMId and Include a
lamp type and ~ combinaIIon 1hat corresponda to an exIItfng.PuR:haIe Option rata. Company
shall furnllh all eIectrfc energy M1::III.,/ to operaI8 the Itreat \IgtIIing ay8m. shall meke all lamp
andglaaware reMWaII., clean 1he gfaIIware.1Ight and.1IXtIngulah aft IampI, make aft b8IlaIt and
starter ~ and fuml8h aD 1he matedaII and labor .....'/ far theIa eeMces. Company shaH
aIIo ... aD damaged equipment for 25 yen ftom the ln8IIatIon dale. After 25 years, Company
wiI repeIr d8naagad equipment wfWI the damIIge II not .11 DCialed Y:IiIh 1he age of 1he street lighting
ay8tam. If In the ~. opinion. the condlllon of.. Itreat IIghIIng iyIt8m II such Ihat
replacement or ~ rMOVatIon of1he ayItern II nee..lrq, the c:uatorner shall have two
optIaI*
(1) tha c:ustonwmult ellherhnlferlo the IPPfOPIf* Compen'f purdl..d rate Ifavailabla, or
(2) reimburIe Compen'f for the fnImIIed coat of a replacement..... or a Compeny approved
IWIORtIon GItha exiIIfIag .....
b. Stntet I.IghtIng Enetgy SeMce
The cu.torMr owns and ,MIIntaln. entire onwnenIal__lIghtIng syItam lncfudIng underground
cabIea, poIta, ...,... ....... ~ and glatl\*JR. BaIIaIta Ihd provide a power factor of at
Ieat 9C)IHa and phalacllllntl GOnfarm 10 IpedIIed daIy operatlvtQ ICheduIe. Company futnishes
enarvY only at CIIIlrIlI ~ points deIIgnaled b'/.CoIllI*i'I: Sea 1ndIvIduII atreet lighting
COl.... for1annS and cor.dIIIII.. not CXNRd herein.
Data Fled: Q8.3O.e7
(ContJnued on Shell No. 5-83)
By: ........ M. AaHtItt
General M8Mger, ..... _ Sales
Doc8t No. E,G002JM.87-885
EfrectIve Data: 02-03-88
. Order Date: 02-0M8
~_...IftlI(_ --e--u_-.ooc
tl Xcel Energy'.
OUTDOOR LIGHTING
1971 Gateway Boulevard
Arden Hills, Minnesota 55112-2750
Constroction Contract
Company Owned Equipment
Customer:
Billing Address:'.
Gty:
Project charges of:
In accordance with the following terms of payment:
For Association or Gty of:
Streetlights/Facilities Location:
State:
Zip Code:
Dollars:
Service consisting of:
I Prices valid for 30 da~
Customer and Xeel Energy Outdoor Lighting agree to the attached terms and conditions.
Dated this _ day of _ 20 _
Dated this _ day of _ 20 _
Northern States Power Company, d/b/ a Xeel
Energy
Customer:
By:
By:
Tide:
Tide:
Date:
Div:
Xeel Energy Proprietary & Omfidemial
\ \FNPQl AHOl\Home\HYGT01\DATA \EXCEL \CONSTCOMPOWNED.doc
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Page 1 of 5
tl Xcel Energy'.
OUTDOOR LIGHTING
1971 Gateway Boulevard
Arden Hills. Minnesota 55112-2750
In this agreement, Northern States Power Company, a IYfinnesota corporation d/b/a Xcel Energy is called "Xeel
Energy" and the Customer is called "I" or "my". Customer and Xcel Energy agree to the following terms and
conditions:
1. Request for Outdoor Lighting Services. I request that Xed Energy install outdoor lighting at the location
designated above and! or the approximate location as shown on the attached exhibit. I grant Xeel Energy any right,
privilege and easement to install, operate and maintain its underground facilities on the property.
2. Installation Requirements. I agree that, prior to Xeel Energy starting work: (1) the route ofXce1 Energy's service
installation shall be accessible to Xcel Energy's equipment; (2) I will remove all obstructions from the route at no
cost or expense to Xeel Energy; (3) I 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 belowthe final grade. Xeel Energy
will contact the appropriate agency to locate 3rd party utility facilities (phone, cable, etc.) on my property. I agree
Xeel Energy is not responsible for damage to customer-owned underground facilities not marked at the time of
outdoor lighting service installation.
3. Installation Olst Contribution. I agree to pay an installation cost contribution provided in Project Charges on
page one. I understand that I am responsible for any additional installation costs incurred by Xeel Energy because
of (1) soil conditions that impair the installation of underground facilities, such as rock formations, etc., and (2)
sidewalks, curbing, black top, paving, sod or other landscaping and obstructions along the cable route, such as
extensive existing underground facilities, etc.
4. Wmter Constroction Charges. I understand Wmter Construction Charges may apply if underground facilities are
installed between October 1 and April 15. When construction scheduling does not permit installation of
underground facilities to be completed prior to October 1 or after April 15 and Xeel Energy detennines winter
conditions exist, I agree to pay Wmter Construction Charges if I request Xeel Energy to complete the construction
during aforementioned time.
Xeel Energy will agree to complete installation at my request if winter condition exists with a frost line of less than 6
inches. If winter conditions exist with a frost line 6 inches or above, construction will be scheduled for after April
15.
5. Restor.:ation. Xeel Energy will restore the boulevard and will backfill the service trench on my property with
existing soil so the trench is level and clean. I am responsible for the final compacting, loam, seeding, sod or
watering of service trench at my expense unless otherwise noted on page one of this contract. I will also be
responsible for restoration in areas where I have exposed my underground facilities listed above.
6. Relocating Facilities. I agree to pay the cost of relocating any portion of underground facilities made to
accommodate me or 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 Xeel
Energy's facilities impractical.
7. Maintenance. I request and authorize Xcel Energy to maintain the entire streetlight system under the tenns and
conditions as described in my current Operations & Maintenance signed contract with Xcd Energy and this shall be
effective upon completion date of the streetlight installation.
Xeel Energy Proprietary & Confidential
\ \FNPQl AHa 1 \Home \RYG]Ol \DATA \EXCEL \CONSTCOJilllOWNED.doc
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Page 2 of 5
fl Xcel Energy'.
OUTDOOR LIGHTING
1971 Gateway Boulevard
Arden Hills, Minnesota 55112-2750
TERMS AND CONDITIONS
1. Acceptance. Ac:cep'~ce of Northern States Power Company, d/b/a XCEL ENERGY ("XE"),
XE'S. prQP~' sal 1S lun1ted to acceptance of the e~ress terms of XE'S .rrop,osal and the offer
~entalfied ereip. a,nd these te:J:p1s (refi~r ~n~es her~" this "Agreement' shan be a reference to
we propps and all such tenns). Any dltIonal or erent ten;ns !P9sed by ~tomer, or an'y
attempf by GJstomer trYary .m any greeiY 0 e tenns JIl ~~ement 1ll Custotper s
acceptance, are. her:e by 0 IJ~<;ted~Jffij <l!:.9-t~Jecte an (1 such add,il;lo orOifferent tennsf.l).all D,ot
Qpera.te as a reJectlon 0 thIs 0 f:r wues~ S\lC v~ces a,re WJth respect to ~enns mvo ;vmg.th~
des~rmtion, quantIty" pnce or ver,y schedl e ot the work to be ~rlonnea by XE as scnoed
in XE'S ..Q!9posal (tp.e term ''Work' means the supp'~' g of any labor, materials and any' other
'York of x..E expressly described in XE'S projJ,osal): ~ii such additional or different terms shall be
~~d a l;I:\atebal.altetation.hereof, and ~rii) XE'S 0 fer ~hall be deemed a~cc;;,pted by Custome,r
Without saJd additIonal or different tenns. If a p,nor otfer has been made oy GJstomer With
respect to the Work, XE'S acceptance of Customer's offer is expressly conditional on Customer's
assent todthcy te!l;Il{' c~tained in this Agre~ent.. XE'S quotation or proposal (and any qu,ot;atiop.s
contalne therem)de expI.Te 30 ~ trom its ISsuance date unfess otheIWlSe stated ill the
quotatIon or exten ill wnttng by xc.
2. Warranties. XE shall perform the Work in a safe and professional manner in accordance with all
appfu;abJe CO~d'_~ttanaard!\' ree. ns a1;ld lawas:c XE.shall re~. , replai or corre<;~t to C\lstomrrr'~
ifistacnon all awty or sUb~ta;n \VOrk or erects ill mate wfuc appear WI nmety ~90)
trom me te ~~01l1t>J tIoc. 0 theTWoIk:: Aq;~.1atl~~ e Wo or~1J GJstomer
s not tt~ ob~on. HE W.AR.RANTIES SE N THIS
IMP.~lirgEN.l~fEslfI~~dN~-u~jLI~rt ~.t\JJR~ 8\\
MER: ABILI OR ANY IMPLIED WARRANTY OF mNESJ.SJ. FOR
PAR ICULARPURP E).
3. Limitation ,of RemCiWfh1\.~Nq.E~NXNWHETHER BASED ON WN!RA~
~~Mritl~tl'bR ~\tI~ ~IR L (IXEaJiPI~NXBLW:WG~~OMEi~OR
~dE-4~IWCLUbI~, ~ ~ rRDlt~ffi~?J.l{\~I~PR8~G6~
REVENUE. Ip. D,ioent Wliats~ve.r s 11!eve~ e to ~toJDeT90r any=es or
other arp.ou.n~~mc1 , v4thpUt.1mntat1~, ct or a~l . g~s), wh~ther ansm.g m~p ~
or tort ~mc111 g, WI u~ liiiUtatlon, ne nce or othe{WlSe, undef~ ill ~nn<:ctJ.on
~n;:.ment or.J Work}.Il ZiiWlt, m e a~regClte, m exce.ss.o e t.o pnce pai OT l~
W6r~ ~y aua . claims tot" es m excess or !i'QCh amoutlt be1I1g ereby orevef WllVep and
~~ased l5y. UlstQmer; proVl e owever, iliat nothIng contamea m sentence shall waive or
y: C11req damages which Customer may suffer on account of XE'S gross negligence or
nnsconduct.
4. ;:ga~jt~~~:~R~b\1g~t~fIk~~~gO~~ w~o~~fW i ~~~IigJe_w~ i
~e ~fue/~tFJo ~J~J;'i~PP~~~~Vdjus~~ ~g~~~~adte~. P:ili~~'g; 01de~Z;:i
perto~~e u~ to any suc cause, the uate ot delIvery or ~l:or cOIIlPl~tJ..on will be e~~Ut::
by ~ RaeflOd 0 1;lme ~asona Ie n~cessary to overcoJ;,ne die e eGJ; of suc.o. delay, provio<:d that Jl
such elay contInues tor 60 ys the party not expenencmg e torce majeure may tenmnate th1s
Agreement.
5. g~~ ~resfoEn:Yre~~~*~t ~t~p~fii~~~~.d<t5~ntsd!;~e:&e1j~~ !aI
Qtherwise in writin& within fifteell (t~ day~ aft~'XE'SthSUbn;rission, XE mq.y c9.ns1d~r the
documents cu~proy~u and prQ~eed WI wQrk. ges ereatter, made at tlie direct10n ot
GJstomer, WIll entItle XE to adjustment y change 0 er.
6. Customer Facilities. XE does not assume any responsibility for the adequacy, safety or satisfactory
p,erlormance of the Customer facilities. Customer snall, to the fullest extent pemntted by law, indemnify:
oefend and hold harmless XE and its officers, directors, agents, employees and representatives from an~
against any and all losses, claims damages, expenses (incluPitlg attorneys' fees and costs) arising, for any
reason wliatsoever, out of the (ailure, non-operation or faulty performance of the Gistomer facilities
(except to the extent ofXE'S negligence).
Xeel Energy Proprietary & Confidential
\ \FNPCl' AH01\Home\HYGT01\DATA \EXCEL \mNSTmMPOWNED.doc
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Page 3 of 5
II Xcel Energy'.
OUTDOOR LIGHTING
1971 Gateway Boulevard
Arden Hills, Minnesota 55112-2750
7. Schedule. Delays. Qu<?ted shipping and completion dates are approximate and are based on J>rPmpt
reCeIpt at all necess3;IY infonnauoq. and approvals. from the Custo~r and acc~ss ~ required by XE and
Its contractors or subcontractors (if anV\ to the SIte and to the eqUlRment which 15 the subject to XE'S
proposal. IfXE'S p'erformance is delayed by Customer's suspension oT work, in whole or in part, or by any
act or omission of Olstomer, the time for perlonnance will De extended by the period of time re~d by
XE to retuni to the state of .perlonnance tliat existed before the delay. If die delay or sus.p'ension contin~
for sixty (60) da}'l', XE has tfie rjght to cancel or ren~gotiate the Agreement. Olstomer will pay an equitable
~Qi~tn}ent based. on a claim sUD~tted by XE for ill reasonable costs, damages and expenses incurred by
XE mCIdent to the delay or SUSpensIOn.
8. Subcontracting. XE may subcontract any portion or all of the Work without the approval of
Customer.
9. Envir1~JIrtal. prior t1i sWt of the Work, CustQme~~ provide .Q.otice ~any hazardpus
Ipaten lat Itriiware 0 WIl1!spect to the facilities wne{e the.Work 15 [0 e perfOITiled or
that ~o\il atfect. efWor d In el ev:dent XE enCQJ.ll1te~ the e~ten.ce ~~ estos, asbesJ;Qs
contammg mate .~ 0 eh e, ea , or potentIally: tOXiC or otheI'WlSe ous matenal m
the perf(~rmance ot~e Wo]:k~1 the di~cov~ry thereof shall constitute a callse beYl<.?nd XES'
reasQnab e control an XE shall have the nght to cease or not commence the WorK until the
area has een made s e by Customer or Customer's representative, at Customer's expense.
10. ~es; Dela~. The prices for any extras or changes to the scop,e of work in XE'S proposal (the
L or ") pr modific~.o.ns tC;>lithe p:Jyment or aerf.opnans:e 5hedUle..... will be agree. d upon(1l wririrl~
uc::: ore eIther pa.rtY" be otl ga,tedJP procee~ Wltb. such c g~s. l-erlonnance of anycnange W1Il
not waive any claims or eqUlta'ble a Justment m pnce or sc e rue.
11. Payments. Unless othe,rwise sRecifies:i in.XES' proposal, XE may~ it.'> optipn invoice C~stome)"
lJPon cOInRleuon of the_Wor~ or mVOlce CuS~o.mer.on ~ plpn y_baslS tor work pertorrned.
UIStomer shall pay XE ill mVOlcea amounts Wlthm trmty ~30 days of receipt of invoice.
12. Doc n 'on d ro Ii Info tion. Gtstom:.r ..will Rrovide ~ with aCClp'ate aqd
colTI]?, e opnatIO~}1J. 0 r 0 p,eqrut to SUCCf~Sstu11Y. undertake ao. cOJIlPlete the Work.
XE s not be pro bIte rom dISclosure or llSe. 0 PJ"OrnetaIY or conll ent\af mtor,matIon or
docUIPentsilineceSSCXlQr XE to secure. or mamt:am.m.efteC~lY licepse or pemu~,_,o)" ot,tler.wJS~ e to
complete e Wor Where. CustomeJ: mtormatIon 15 mcomp ete or l.Q.COl:recr, reswtmg ] delay, or
e~ worK:. XE be entIded to adJustmentJ?y change 0 er. For busmess purposes mc udmg
credIt verification), the Customer authorizes XE to access the Customer's account in ormation
from XES' affiliates and other utilities.
13. Termination. Gtst~ may te~te the ~eft]ent O~y upop ~'tte~noticeE gf an~
pa}'Il)ent,to lor. I SefV1C~$ and Wor~ ren3ered O{ pe OIll}.ed to e e ectJ.ve ate 0 sue
tefIIllIlatlon, lldqw.{e , suppiIeas ~d_~Ulpment pllf!;has~( pnQr tQ e e ectIve te 0 suc
tennmatIon, an ~m) costs mcurre by xt.- as a result ot such temunatIon.
14. Independe%t Contractffi" Nc;>thing cpnt3,ined ir;l this AE:reement n9t.aIlY~ts of the parties shall
D~ ~Qnstrue to crea~ e relatIo.ns.mp pt pnncIpal andUageIlt, or ot,1mute pr ~eneraI partner, or
Qt J01I)t venture Q{ 0 any assOCIation between or among the partIes to l\greement, except
that ot owner and m ependent contractor.
15. Work Product. All reports1 drawings, plans, specifications~ calcu1ations~ studies software
ptpw:ams, ~pes, 1Dodels ,anq m~moraIlda, if any, assemblea or ~reparea by XR or XES'
att1lIateS, mdep.endent protessIonat assOCIates, agents,.coIlSultants, co lctors O~SUbCaJOntracto~
P\l.r.iuant. to tfi1s~efi\ent are InStruments of SCrvlC~ m. respect 0 e Wor an XE sh
retaIn all owners and a property ltlte~st ~tli rem, .whethe)" OJ:' not e Wor ~ co;!~.
Gtstpme= at,la ~tam cQPIes tor Onna!Il and ~te.rence m connectIQn WI e
WorK;' , that It understooa a.(l agr; e that s.ueh documents not IPten e to
be re-use Y 'lJStoqrer or oiters c;>n ext.enslotlSffui e project or OJl any o~r pfQJect or any
oih~.r Rurpose other tnfUl as e~ressly set torth m AE:ree~nt, ~d CuStome.r; shalf not re-qse
or .dIsclose to any;fthIrd party all or any portion 0 such uwork product without the express pnor
wntten consent 0 XE.
16. Additional es. ~LJl addition to the .pric~ qY9t~d XE in ~'ts proposal, XE shall ~
c;o.tDPe.nsate or any a ded costs of perfllinnmg th~e Work Clttributab e tQ an~ne c;>t.Il10~1 6t
tollOWJpg: I apy an ill extra$ ana~s; ange 0 en; and any an all 0 er a,ddItIoJlaJ. wor
mutually agreed by Customer and XE; \ll any an all costs ana expenses re ted to asbestos or
Xeel Energy Proprietary & Confidential
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tl Xcel Energy'.
OUTDOOR LIGHTING
1971 Gateway Boulevard
Arden Hills, Minnesota 55112-2750
~ef ~n.vironme~al matters, a,ny!ore.seen. conditions Q~ any s;hanges~' the law:b, (iii) any and
add~d costs ap. expenses 01 pe 011Jll];W; the Work attn qtable tQ any p e y CUStomer.m
~ cntena or oonatIon tor e tacility or to any elay or breach 0 Customer or Its
subcontractors.
17. rtle~Possession. OJ.sto~r warrants~Lthat it has fee sinmle title to the property. Customer
ere y grants to XE the nght to enter we real property tor the pwposes stated herem:
18. Ownership. Customer shall acq~ no right, ~.tle or interest in iliY of the Work to its
componept ~~te~r customer eqillp11;lent .place 11l, Bn.Jf,ver, ~ug and!. or under the real
RBW by.x.t.. e Work ~pnstrUcted CJJ!cf ms~ ~d UYL ~ on. e r;e {property Qf Customer
s ana an pers ncu p p ot], s t ut:: OnsI red a IxtUte 01 the prope ,
s not att~ to e re~ty, an~ s~ no~2 enlb9~ or <n~na fl DY Customer or any o~
parry-. Further, ~ may. remove, rep;;ur ~~l? ce the Work a,nd I~ component system and
eqillpment, at any tune wtthout nonce ill XE's sole and absolute discrenon.
19, Other. It is a~~ed that. failure by .Customer or by XE at any time OJ ffQm time to titne tp
enrorce any of the proVISIOns of thIS A2:reement snall not be construed to be a waiver ot such
provision olir of CustQ!l1er's right or XE'S right, resp.es:ti.vely, to there~fter enfp,Xce each and ev~
prOVISIon ereof. "thIs Agreement confams, WIth respect to the SpeCITIC servIces to be
petformed by XE'S, the ~nJjJ;e ll1ld~tanding of ..Jt:b.e parne~1'. shall s.upel;S~e any. other oral or
wmten .agree~ts, and shall be bm upon W\-l J,tl]..1re to we ben~tIt ot e pa,rtles' successo~
and asSI .J;lS. AgreeIJlent ij,ot e mod1tl~d. any wa WIthout e tten c nsen )t
~th P;s. I .atly pro:vJ.SIn ~~ h~meIl,t IS :t~nnin!~ by a <;ollrt to ~ .u.ne~o(Ce.~l,~~
ih~ suc;r provIS~n w1.ll e. deemed Ii and vOId but ~ remammg .prov)sJons shall fie
ento~:~b e ac;:% g to w~lf tertI1$.. ..L: Agrc:;.ement sh e constnl~cf and llltetprete~ m
aCCO~4aJ.1C WI e m maila i ot .U.ij: State ot e ta oppo ed contl1cts ot WS
PrPVISIOns) as ough ~tCUi anv:f opusSIons co~te~eJ~ereY;y Of re~eJ~eretff!o vrre 11l
Mmnes,ota. No course 0 pnorqeaung, usage 0 !<e and course 0 Fe onnance s be used
t~L moquy, SUPPlenren!r expl:any teI'QJS 0 t Ag~~11;Ient. Nel er P! assIgn or
oUJ.erwLSe transle I ts or 0 nons.,here r, m wnole or m pan, W}. out dVClIlce
wntten G.QnseOJ;pJ ~e 0 er. NOtwI tanamg ~ Cltove;-.XE may assign Its ng ts or obftgatIons
to any ot Its attlllates WI out LUe wntten consent ot the \""ustomer.
Xeel Energy Proprietary & Confidential
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