HomeMy WebLinkAbout9A - Street Light Installation
16200 Eagle Creek A~J~~e CS?'p'NCIL AGENDA REPORT
Prior Lake, MN 55372-1714
.
DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
JANUARY 20, 2004
9A
SUE MCDERMOTT, CITY ENGINEER
CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING THE
INSTALLATION OF STREETLIGHTS BY XCEL ENERGY FOR THE
DOWNTOWN REDEVELOPMENT PROJECT
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 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.
On November 17, 2003, the City Council adopted Resolution 03-197 approving
the purchase of streetlights for the Downtown Redevelopment Project in the
amount of $93,300. At that time Xcel was unable to provide us with installation
costs as the layouts for Main Avenue and Dakota Street were not finalized.
Current Circumstances
We have worked with Xcel Energy to prepare a lighting plan for the downtown
area. The lighting plan considers the amount of lights to be provided, the
aesthetics of the fixture and budget.
www.cityMpriorlake.com
n.' A 8~n~~\ A W"nAn"4\~~hU:Vfftl~~t.. DOC'
Phone 952.447.4230 / Fax 952.447.4245
ISSUES:
FINANCIAL IMPACT:
G :lAgendalAgenda04\mainstreetlights.DOC
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.
Xcel has provided a quote of $108,000 to install the street lights along Main
Avenue and Dakota Street. 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 total cost of the lights including materials
and installation is $201,300, which is less than the $220,000 estimated for the
CIP.
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) Private sector vendors can provide the bid for the equipment but will
not provide a bid for maintenance, and 2) Other utilities would provide bids which
ihclude 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. 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.
2. 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 City Attorney has reviewed the Xcel contract and has concerns about six
paragraphs. Therefore it is recommended that the City Council authorize the
execution of the contract once approved by the City Attorney.
The funding for the project will come from the Collector Street fund in the amount
of $108,000. The $93,300 previously approved for acquisition of the lights was
also drawn from the Collector Street fund.
2
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ALTERNATIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
G:lAgenda IAgenda04\mainstreetlights. DOC
There are two alternatives for the City Council to consider:
1. Approve a resolution authorizing the City Manager to enter into a
construction contract with Xcel for the installation of streetlights for the
. downtown reconstruction project subject to the approval of the City Attorney.
2. Deny this item for a specific reason and provide staff with direction.
ion of Alternative No.1.
3
T ._......._~._...._....._._........
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
RESOLUTION 04-XX
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONSTRUCTION
CONTRACT WITH XCEL ENERGY FOR THE INSTALLATION OF STREETLIGHTS FOR THE
DOWNTOWN RECONSTRUCTION PROJECT
MOTION BY: BLOMBERG
SECOND BY: lEMAIR
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, the City entered into an agreement with Xcel Energy to purchase streetlights for the
Main Avenue and Dakota Street reconstruction in the amount of $93,300; 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. The City Manager is hereby authorized to enter into a contract as approved by the City Attorney
with Xcel Energy in the name of the City of Prior Lake for the installation of streetlights for the
Downtown Reconstruction Project in the amount of $108,000.00.
3. The source of funding for this project will come from the Collector Street fund.
Passed and adopted this 20th day of January 2004.
Hauqen , Hauaen
Blomberq Blomberq
LeMair LeMair
Petersen Petersen
Zieska Zieska
YES
NO
{Seal}
Frank Boyles
City Manager
. www.cityofpriorlake.com
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Phone 952.447.4230 / Fax 952.447.4245
, ..
..
HoI1h.m ..... Power CompIIny
_...*.Mh__!54Cri ,
JaNNESOTA ELECTRIC RATE BOOK. MPUC NO. ~
RULES FORAPPUCAlION OF
STIb:Irr LIGH11NG RATES
Sec:aan No. 5
0rigfn8I Sheet No. 82
R.tculId from MPUC No. 1 Sheet No. 5-62.1
1. SERVICE INCWDED IN RATE
&. ~1J{JhIIng~ SeMce.
't I
. -~~~
",
Pun:hue 0DIIan. . .
Cuatamer shaD pun:hae from Compeny 1he entfre ~ttlII street lighting ayatem fncIudfng
unctergrQund cabfea. poets..... bd8It8...... phoIDceIII, Md g..n....._ _life.<
ownership to the CompIIny. The stnlIt lighting 'Y*n 8hllllbe Compay IIppftMId enc:I include .
I8mp type and ~ comb'nallon that OOI.~ 10 Mexlatfng Purc:h8Ie OptIon rate. Company
Ih8II furnIIh .. eIIctrfc energy ......y to 01** the....1f;tIIIng .,.wn...... meke all lamp
Md gIa'I'I."18,. ....... cr.n the gI?lIl1Il1n.1Ight 1nCI'~ all fampI" nI8ke 8ft .....1II1d
-- renewB. and fumIIh "1ha 1II8letf__ labor '*....y for theIe ..w... Compay ahaI
aIIo ,..." aD cIImaged equipnwltfar 25 yen tom 1ha InItaII8Ifon daIa. Attar 25,... Company
wiI repefr d8maged equipnwIt when the arn.ge " not '.DdatIid _ the age of1he street lighting
ay8m. !fin the Cornpe.'I)"a opinion. the candlllon of lie ItrMt IIghIIng .,...... II .uch that
replacement or IIgnIIIcent renovdan of the eyaIIm II ......y. the CUIIcImIr Ih8II have two
options: .
.~~
(1) the cuatDmIr muat IIIher __to the 8ppI'OpIfaIe ConIpIny purch..d rate If av...... or
(2) NfrnburM Compayforthe IIIIfmIed c:a.t of. ~'..... or. ConlPMY apprOved
rencMdIaI. of the .....10 ayIfIim.
b. SItNt I.JghIJng Enetgy SeMce
The CU8UJrMr owns .-1d ....... ..or. ClnWMI.... __ 8ghIIng syMn including ur.de.~o..nt
~ poB.lampa. bIIIaIt8. phoIa~: IIld _It... BaIIuIIIhaII pnMde. powerflctar of at
.. 90% and phaIa(... ahaIl conIbnn to specIlIed'daIy ~d1M acheduIe. CompanyfUfnfsMs
IMIVY only at CIIIII8I cIItrtbuIIon paInIa ___MIflW byConIPMY: See IndIvIduII atreet IIgtdIng
~.-.. far18rma and OOIdBo.. not c:ovnd henIIn. .
Date Fled: Q8.3O.07
~ No. E,G002JM.87.-
(ContInued an Shaat No. 5-83)
By: Jarnaa M. Aat*'t
Genal.......... u.rIraIInQ ... Sella
EfrectIve Dale: 02-03-88
. Order o.ta: Q2.03.88
~~-.....,.--v_-.DOC
(l Xcel Energy'.
OUTDOOR LIGHTING
1971 Gateway Boulevard
Arden Hills, Minnesota 55112.2750
Construction Contract
Company Owned Equipment
Customer: Gty of Prior Lake
Billing Address: 16200 Eagle Creek Avenue S E
Gty: Prior Lake State: 11N Zip Cede: 55372-1714
Project charges of: One hundred eight thousand and no/lOa Dollars: $108.000.00
In accordance with the following tenns of payment: 30 days after construction is completed
For Association or Gtyof: Prior Lake
Streetlights/Facilities Location: Downtown main street
Service consisting of:
Installation of a Designer Series (Group Five) street light system, to included construction and
miscellaneous materials to complete, such as wire,conduit and bases in spring of 2004. Material that are
listed below also are include, but payment is covered under contract dated 11/18/2003.
12 ea. - 150 watt Domus fixture on a 15' Alumimun pole w/medallion, $3525 ea., w/plant holder, and flag
holder.
17 ea. - 150 watt Domus fixture on a 15' Aluminum pole wo/ medallion, $3,000 ea.,w/ plant holder, and flag
holder
All poles, fixtures, and other accessories will be Dark Bronze in color..
Prices valid for 30 days
Customer and Xcel Energy Outdoor Lighting agree to the attached tenns and conditions.
Dated this _ day of _ 20 _
Dated this _ day of _ 20 _
Northern States Power Company, d/b/ a Xeel
Energy
Customer: City of Prior Lake
By:
By:
Title:
Title:
12/22/2003
Div:
St. Paul
Xed Energy Proprietary & Confidential
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.'_""_,"'-A~",",_'_"~.~__~'_'~~",~__~_a ..,.
(l Xcel Energy'"
OUTDOOR LIGHTING
1971 Gateway Boulevard
Arden Hills, Minnesota 55112.2750
In this agreement, Northern States Power Company, a J\;1innesota corporation d/b/a Xcel Energy is called "Xcel
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 Xcel Energy install outdoor lighting at the location
designated above and! or the approximate location as shown on the attached exhibit. I grant Xcel 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 Xcel Energy starting work: (1) the route of Xcel 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 below the final grade. Xcel Energy
will contact the appropriate agency to locate 3rd party utility facilities (phone, cable, etc.) on my property. I agree
Xcel Energy is not responsible for damage to customer-owned underground facilities not marked at the time of
outdoor lighting service installation.
3. Installation Cost 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 Xcel 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. Winter Construction 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 Xcel Energy determines winter
conditions exist, I agree to pay Wmter Construction Charges if I request Xcel Energy to complete the construction
during aforementioned time.
Xcel 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. Res toration. Xcel 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 Xcel
Energy's facilities impractical.
7. Maintenance. I request and authorize Xcel Energy to maintain the entire streetlight system under the terms and
conditions as described in my current Operations & Maintenance signed contract with Xcel Energy and this shall be '.
effective upon completion date of the streetlight installation.
Xcel Energy Proprietary & Confidential
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II Xcel Energy'.
OUTDOOR LIGHTING
1971 Gateway Boulevard
Arden Hills. Minnesota 55112.2750
TERMS AND CONDITIONS
1. Acceptance. Acceptance of Northern States Power Company, d/b/a XCEL ENERGY ("XE"),
XE'S proposal is limited to acceptance of the e~ress ferms of ){E'S 'proposal and the offer
contained thereip. Wd these te~ms (referaenc;es herein.,tp this "Agreement' Shilll be a reference to
the proposal and all such terms). Allya dItlonal or drlterent terr:ns pt:oposed by CU'?tomer, or any
attempt by Cusj:om~r to .vary }.1l any degree~ny of ~e t~rm~ Ul fhi$ Agr.t;.c;:ment ill Custower s
acceptance, are.he.ceby obJ~<;ted~X~ ~91 reJecte ,and (1) such addit;lonal orartterent te.rms~snall npt
qpera.te as a rejectIon ot tills 0 er urues:; S\lC v~njlIlces a,re W}th respect to rerms illVO vmg. th~
descJ"wtion, quantIty" pnce or every schedl e ot thelwork t,O be DeFormed by XE a:> escnbed
ill XE'S .Qf9posal (tpe term ''Work' means e supp~g ot any1aoor, matenals and any, other
work of x..J:c; expressly described in XE'S proposal): (ii such additional or different terms shall be
d~e.med a l;1latetial.alte-tation.h~reof, and (ill) XE'S' Q fer ,shallhbe deemed a~ce,pted by Custome,r
WIthOut SaId additional or difterent terms. It a pnor otter as been made oy Customer WIth
respect to the Work, XE:S ac<;:epta,nce of Customer's ,offer is <;;xpressly conditi9nal on Customer's
assent to th~ teqn~ c~tamed ill this Agrec;:ment.. XE S quotaj:l.on or propo:{l \and any quot;atIops
contamed thereill) explfe 3bO 9i!YS trom Its ISsuance ciate unIess OUlefWlSe stated ill the
quotation or extende ill wntIng y XE.
2. Warranties. XE shall perform the Work in a safe and professional manner in accordance with all
appl1.l:abJe COd~'_~ltanaard~, re2UlaN' ns a1;ld lawds.f XE .shall re~' , rep!a~ce or corre<;t (0 Cl,lstom~r'~
s,atist9-ctlon all aUlty or SUbffiaJIda work or e ects ill mate willc appear WIihiD. runety ,90)
day'\ trom thef ate 6r~OmDJ tIOll 0 theTWork Aq;:~1aQ.{:~ 0 t e Wo 0~-8~ bGlstomer
shill not a ect thiS oby.~non. HE WAKKANTIES SE ... sTArt. N THIS
tRl}[I~~ENJ~fIW-lfl~va.~~dN ~UIl\~WLI~J ~~Ofl 8~
MERCHANT ABILITY OR 1\NY IMPLIED WARRANTY OF FITNESS FOR
PARTICULAR PURPOSE).
3. Limitation of Remedies. IN NO EVENI~uWHETHER BASED ON CONTRACf.
l~Mrttl~\rl bR 'b~~% Ti*L (I~CLIWILiXBL~E9HG&~~~Ei~8I
~W-dE.JeNRf~CLDbI~~, -&r~ &r 8R!11CO~~6~?t3~TI~PR8**G6~
RE VENUE. Ip np ffilient Whatso~ve.r ~t~ XE eve/i~e ~ e to CUStOJ11er <for ~y Y'arnages or ·
other aIJ1.ou,nt~\illclU g, vathout.l1IrutatIQ,n, Cli.n::ct or ap . arnag~s), wh~ther ansmg in cOllt!t
or tort ,illclu g, WI put limitation, neghg~nce) or othe{WlSe, undef~ ill c~nnectIon lVlth
Ae:I1~.ment ord ~?!..~ }.Il ~ amount, ill the aggrega,te, ill exce,ss.o e tot pnce paiq tor .~
Worn; <my an ClalIIJ:) tot' awges ill excess of ~llch amoutlt be1l1g ereby orever waIVe!! and
released By Customer; proV1 ed, however, that nothmg contamed ill sentence shall waIve or
limit \lny. airect damages which Customer may suffer on account of XE'S gross negligence or
williul ffilSconduct.
4. ;;~a~jt~n~ef~h~g~btTIc;g;t~li'gp'lk~~-~:gOe~~ W~o~~~~ g: ~m~ieligQ~eaW~~c. ~eq~~
o Go ,act 0 any goYem~ntal aut onty. Th~ party e;1}Penencillg the torc~ majeure 1;l0t11Y
the ,Oilier paJ promptly, an appropJ;latedadjustIIJ.ep.ts will5~ negotiated. It! t.he ev~Pto elay, ~
perto~n<;e u~ to any suc cause, the ate ot dehvery or tlf]eror C0111pl~t\on will e e41ende
by a p,epod 0 ~rme reasona Ie nelicessary to overcome die e ecf! of suc.o. delay, proviaed that i
such 8elay contillues tor 60 ays t e party not expenencillg t e orce majeure may termmate tills
Agreement.
5. Document Appr9Yill. XE may reql1est that Custome!!.revjew docup1ents developed by. XE for
conrormlty WIth Customer requrrements or speClllcatlons. Unless Customer adVISes XE
otherwise in writing within fiftee:p (15) day~ a:ft~r XE'S subrr,Ussion, XE mqy cQ.nsider tht;.
documents a.RProy~Ci and prqs:eed WItn wQrk. Ulaij.ges the re atter, maae at the dlrection ot
Customer, will entItle XE to adJustment by change order.
6. Customer Facilities. XE does not assume any responsibility for the adequacy, safety or satisfactory
Rerlormance ot the Customer facilities. Customer sHall, to the fullest extent perrmtted by law, indemnify:
aefend and hold harmless XE and its officers, directors, agents, employees and representatives from an~
against any and all losses, claims? ~amages, expensc;s (including attorpeys' fees a1)d cos~) arising, for.ap.y )(.
reason Whatsoever, out of the railure, non-operatlon or faulty perlormance ot the CUstomer facilitles
(except to the extent of XE'S negligence).
Xed Energy Proprietary & Confidential
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fl Xcel Energy'.
OUTDOOR LIGHTING
1971 Gateway Boulevard
Arden Hills, Minnesota 55112-2750
7. Schedule! Delays. QuQted shipping and completion dates are approximate and are b~ed on P.I9mpt
rece1pt 0 all necess~ infonnat1o~ and approvals from the Customer and access as requrred by XE ~d
its contractors or subcontractors C1f any) to the site ap.d to the.equlT~ment ;yhich 1S the.subJect to XE S
proposal. If XE'S performance 1S delayed by Customer s susp,enSlOn oT work, ill whole or ill part, or by any
act or omission of Customer, the time for perlonnance will De extended by the period of time required by
XE to return to the state of .perlonnance iliat existed before the delay. If die delay or susJ~ension continues
for sixty (60) day;;, XE has die rj.ght to cancel or ren~l?;otiate the Agreement. Customer will pay an equitable
~QiU$tl1).ent based on a claim sUDmi~ed by XE for aJI reasonable costs, damages and expenses incurred by
XE illc1dent to the delay or suspens10n.
8. Subcontracting. XE may subcontract any portion or all of the Work without the approval of 14
Customer.
9. ~~~YsJI?ar~t ~n&'~a~~ ~~~~rgtp~~~ ~~h~ ~~g~e~~~h~~~~r~o~cl~ 9fea~lJ;~~;~
t at c.o\1l a fect. t efWor d ~ thel evdent XE enr;;Qpnte~ the e~ten.ce lio aSbdestos, aSbealstos
conta~g matena .~ ~rma e yd~ eq. , or potentIally toXiC or othefWlSe azar ous maten m
the pe ormance or t e WOJI e d~cov~ry thereof shall constitute a caj.lse beyond XES'
reasona lIe control an XE sha aye the nght to cease or not commence the WorK until the
area has been made safe by Customer or Customer's representative, at Customer's expense.
10. Chanies: Delays. The prices for any extras or changes to the scop,e of work in XE'S proposal (the
"Wfor ") or moclific~' o,ns tQlithe pqyment or 13erfpFmanhce ~hedUl.e,.., will be agreed upon,l11 writin~
be ore .eIther pa.rtY be ob. gatedJP procee4 WIttJ, suc c aIlg~s. rerformance of any change w:1Il
not waIve any claims or eqwtable a Justment m pnce or sc .edille.
11. Payments. Unl.ess othe;:wise sB~cifieJi in.XES' proposal, XE may ~ its optipn invoice C~stome,r
lJPon comRletlon of thell..WOfl\ oar mVOlce CuSto.Iller .on ~ mont Yf,basIS. torfwork. pertormed.
Ulstomer shall pay XE a mVOlce amounts WithIn tn.my \30 days 0 receIpt 0 mVOlce.
12. Docu n at'on a d Pro ri ta Info tion. GlSto~l1will provide ~ with aCClJfate aIld
comp, ete opnatiO~)1). 0 l,er 0 p'el1Illt to sucCf~SStUllY: undertake a~ cOlllplete the Work
XE s all not be pro . bIte trom dlSclosure or llSe. 0 p,roprietafY or contI entJ.af mtor,mation or
aocurpents necesiry,19r XE to secure, or marntam .m. eftect~lY license or perrrut, or o$er:wJ,Se to
complete the Wor Wbh ere. GlStomer. rntormat).on 15 mcomp ete or lQ.cOJ;rect, resUlting ~ d~lay' or
extra work.. XE e entitled to adJustmentJ?y change or er. For busmess purposes mcludrng
credit verification), thedCl\stoml';J: jl.uthorizes ..x..E to access the Customer's account in ormation
from XES' affiliates an other utJ..lJ.ties.
13 . Termination. Cust~ may terITIiI}ate the &rreeD;lent only upop ~'tte~ notice iO gf an~
payment to for . 1 servIc~~ and Wor1\ renaered or: performed to tee 'fectJve ate 0 suc
tefITllIlation, lldJ1latena ,suppl1eSd ~d_~wpment pur~has~a pno.r to. tee fectlve ate 0 suc
termmatlOn, an \1l1) costs mcurre by.x..t,- as a result ot such termmatlon.
14. ~~~~'if t~~f3ie ~l'a~'%ffrn~k~p~an~~~:;'~~ ~~~fu~cgr ~~:;.r~~e~~
o JOlI,lt venture Ot 0 any flSSOCIatlOn between or among the pames to ~ 1\greement, except
that ot owner and m ependent contractor.
15. Work Product. All reportsj drawings, plans, specificationsj calculations 1 studies software
p;rQj2;tams, t~pes, lTIodels ,.anq m~morallda, if any, assemblea or preparea by XF or XES'
att1l1ates, mdep~ndent protess10nq.! aSSOCIates, agents,.collsultants, cOQ.tmctors o~sUbContracto~
pu~uanh to tfus ~reem,ent are mstruments of s~rvIce ill, respect ot t e Wor ;md XE sha
retam a owners and property J..tlter~st t~rem, .whetheJ or not t e Wor IS. comp~ teh .
Custom~r ma e aQ.d retam copIes tor m ormat[Il and r~teJence m connectIon Wit t e
WorK; . limew-, that it 1~ understood a.o. agr~e that s.uch documents are not mten ed to
be re-use by Cl}Stoq1er or others on ext,enspl1.s Q~ t e project or Oll any other prQJect or any
other p,urpose other rhfln as exuressly set tor:th m thIS A2:ree1;Ilent, \lnd C~htomerhshalf not re-tJSe
or .dIsclose to any; thIrd party all or any portIon ot such owork product Wit out t e express pnor
wntten consent of XE.
16. Additional ~arges. ~Lll additionr to~the .pric~ QY9tE:d XE inb~'ts proposal, XE shall be
<;: o;;npens ate or any a ded costs 0 pe ormmg the Work qttributa e tQ an~one QI," more 01 tIi~
tollo . g: (i) a y an all extra an ange or e and any, an all ot er additlo al work
mu~ agreed gy Customer an~ XE; (ll~ any an~ aff costs and expenses re ated to as gestos or
Xeel Energy Proprietary & Confidential
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II Xcel Energy'.
OUTDOOR LIGHTING
1971 Gateway Boulevard
Arden Hills. Minnesota 55112.2750
!er I=navironme~al matters, ap.y Itfore,seen conditions Q~ any }:hanges in. the law:b, (iii) any and
adde l;:osts aJl expenses ot pe on::ru..oz the Work attn lltable to any ~hange y Customer m
t ~ cntena or ormation tor t e tacillty or to any elay or breach ot- Customer or its
subcontractors.
17. Title Possession. G.lsto.(I1~r warrants hthat it has fee $imRhle title to the pf';:>perty.. Customer
ere y grants to XE the nght to enter t e real property tor t1 e purposes stated herem.
18. Ownership. Customer shall acquire no right, ~.tle or interest in a~y of the Work to it~
componeJlt ~~e~ or customer eqUlpIJ;lent .pJace 1Il, on\)~.,ver, throug andlor under the real
p,ro<<~rty by, .x.t:. The Work constructed ~ncf mSi ~d by,.A.C, on.gtIie rea property of Customer
sua be ana m~an tue persQnal pr9P~rty ot XE, s Q.(~ be conSl ~red a flXtUre 01 the propertY,
sha not attach to the realty, and shall not be a enab e or lit::na It:; by Customer or any other It
party. Further, XE may remove, reparr and reR ace t e Work and Its component system and
equipment, at any time without notice in XE's sole and absolute discretion.
19. Otther. It is agrt:;ed that. {ailure by .Customer or by XE at any time OJ from time to t~ to
en orce any or the prov1Slons of thIs A.e:reement snall not be construed to be a waiver ot such
provision ollr of CusfQJl1er's right or XE'5 right, resp.ej:tively, to therq.fter enfo,rce each and ev<:;ry
prov1Slon ereot. Thls Agreement confams, With respect to the speclllc serv}ces to be
petformed by XE'S, the ~n.tU:e 4nd~standing of the pattles, shill s;lJ.pet;Sede any other oral or
wntt;en .agreelfits, and shall be bmdmg upon illld l)1J.1re to dIe bent::t1t ot rhe pa.rties I successo~
flnd asslgJ;1S. Agree~nt In,ay, J;1otoe modrll~d III any. way Without the wntten c9nsent~)t
bhoth pa~es. I .aJ;1y proYJsfn ot tills A.e:~men.t 15 <;1~t~munftd by a: <;olllt to be .u.nentorce.~b e,
t c:n su<;r provlS~n will e deemed n and VOId but t e remammg .provJS~ons shall e
entorseab e ac;~r ing to t fit te~. +1.. S Agr~ement shabe construt:;cf and lQ,terpreted m
accorU.anc~ WI t e mIfma la~; ot .U.l.e State ot Minne~ota \~ oppo~edJQ contl1cts ot l'lvvs
prDv1S10ns) as tough a ,act~ an o.o:uSSlons co~template hereby Of re~e heret~oc \lrred in
Mmnesota. No ~ourse ot pnor ealmg, usage 0 t!(e an course 0 Fe ormance s b~ used
to moqrly, supplement ~r expla~any te~ 0 t Agree D;le nt. Nelt er P.a~ ass}gn or
othelWlSe transfer Its n~ts or 0 tlons..hereun ~r, m whole or m part, w;lt out t ~ Ildv<Jllce
wntten cfQnse.o..t.iliof the 0 er. NhotwI standmg the ~b9ve;-,XE may assign its ng ts orobl1gatlons
to any 0 Its atb ates Wit out t e wntten consent ot the '-..ustomer.
Xeel Energy Proprietary & G:>nfidential
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