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Home My WebLink AboutCC RES 01-028 A RESOLUTION APPROVING STREET LIGHTING CONTRACT WITH EXCEL ENERGY (NORTHERN STATES POWER COMPANY) FOR THE 29TH AVENUE NE PROJECT Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 104697 Box: 31 Folder: RES 2001 Document: CC RES 03-028 A RESOLUTION APPROVING STREET LIGHTING CONTRACT WITH EXCEL ENERGY (NORTHERN STATES POWER COMPANY) FOR THE 29TH AVENUE NE PROJECT • CITY OF ST. ANTHONY RESOLUTION 01-028 A RESOLUTION APPROVING A STREET LIGHTING CONTRACT WITH XCEL ENERGY (NORTHERN STATES POWER COMPANY) FOR THE 29TH AVENUE NE PROJECT WHEREAS, the City Council of the City of St. Anthony desires decorative lighting to be installed on 29" Avenue NE in the City of St. Anthony. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony hereby approves the contract with Xcel Energy (Northern States Power Company) for the installation and maintenance of decorative street lighting on 291h Avenue NE within the City of St. Anthony. Adopted this Q3 day of , 2001. Mayo ATTEST: City Clerk Reviewed by Administration: kU City M pager • *V Northern States Power Company RECU:. Outdoor Lighting 1971 Gateway Boulevard EP 2 000 Arden Hills, MN 55112 r Telephone(651)634-7807 W SB & ASSG(31;;�T September 27, 2000 Mr. Todd Hubmer WSB & Associates Inc. 8441 Wayzata Blvd. Suite 350 Minneapolis, MN 55426 Dear Mr. Hubmer; Submitted are three copies of the Street Lighting Contract for the project on 291h • Avenue N E in the City of St Anthony Village. In regards to the Street Light Contract, would you please sign and date all copies, indicate your title, have your signature witnessed and return to me. I will return your office copies of each after they been signed at our offices. Also the city can cancel the maintenance agreement at any time during the contract period, if so the system would need to be metered at the cost of the City of St Anthony Village. The energy and maintenance charge per fixture will be $6.45 plus a $1.35 surcharge. Thank you for the opportunity to provide this service. Please don't hesitate to call if you have any questions at (651) 634-7807. Sincerely, JO Hy e Li hting Cons ftant Attachments Outdoor Lighting Contract In consideration of NORTHERN STATES POWER COMPANY, hereinafter called"NSP"extending its facilities to make outdoor lighting services available to: (Customer)City of St Anthony Village-Todd Hubmer f �.'Iat(service address): 29th Avenue N E between New Brighten Blvd and Stinson Blvd .1 St. Anthony Village (State)MN (Zip Code)55418-1603 the sum of One hundred fifty-five thousand One hundred and no/100 , Dollars ($155,100) will be paid to NSP by(other than above) same Address(other than above) 3301 Silver Lake Road N E (City)St Anthony Village (State)MN (Zip Code) 55418-1603 -— in accordance with the following terms of payment: 30 days after construction begins Service consisting of: The installation of a Purchase Option (Group Five) street light system consisting of: 37 ea. - 150 watt BPS Vernon fixtures 37 ea. - 15'Lumec Fluted Aluminum poles 39 ea. -6" Screw-in anchor bases 2 ea. -MN DOT feed point cabinets All fixtures and poles will be Black in color. • We will be using the plow method to install the wiring and conduit, with the exception at road crossing, which will be directional bored, also a portion will be backhoe. City to be responsible for all restoration. This contract proposal is valid for 30 days. All labor and material cost are based on 2000 pricing and labor rates. Dated this qday of J 20 01 Dated this day of 20 Customer: St Anthonv Vfllajze r Northern States Power Company By: 111114 By: Title: O j}� ft)a ja a gP,r- Title: Lighting Consultant NSP Rep: John E Hygrell Date: 9/27/2000 Div: St Paul NSP Proj/Sery No: ANTH ODL AAR Total Amount Paid: Page 1 of 3 Outdoor Lighting Contract SERVICE AGREEMENT 1. The customer hereby grants NSP the right, privilege and easement to install, operate and maintain its underground facilities on the property as described above and/or the approximate location as shown on the attached exhibit. 2. The entire ornamental street lighting system including underground cables, conduit, posts, lamps, ballasts, starters, photocells, and glassware installed by NSP, shall be the property of NSP and any payments made by customer, or their contractor, shall not entitle the customer to any ownership interest or rights therein. 3. The customer also agrees that, prior to NSP starting work: (a) the route of NSP's underground installation shall be accessible to NSP's equipment; (b) all obstructions shall be ` removed from such route at no cost or expense to NSP; (c) ground elevation along the route shall not be above or more than four(4) inches below the finished grate. 4. Customer agrees to pay all additional installation costs incurred by NSP because of(a) soil conditions that impair the installation of underground facilities, such as rock formations, etc., and (b) sidewalks,curbing, black top, paving, sod or other landscaping and obstructions along the cable route, such as extensive existing underground facilities, etc. NSP will • backfill trench with existing soil. 5. Company is not responsible for any customer-owned underground facilities not exposed at the time service is installed. 6. The underground installation may be subject to a winter construction charge if it is installed between October 1 and April 15. Customer agrees to pay this charge if NSP determines winter conditions exist when the underground facilities are installed. NSP will waive the winter construction charge if prior to October 1st the customer is ready to accept electrical service, has executed this form and has notified NSP in writing that the requirements of paragraph #2 hereof have been fulfilled. 7. The customer agrees to pay the cost of relocating any portion of said underground facilities made to accommodate the customer's needs or required because of altering the grade, additions to structures, installing patios, decks or gardens or any other condition which makes ! maintenance of the company's facilities impractical. i Standard Terms & Conditions: 1. Limitation of Liability. In no event shall either party hereunder be liable to the other or any party claiming through it for any reason whatsoever, including an action based upon contract, tort, strict liability or negligence or environmental claim for an amount in excess of the contract price, payable hereunder nor for any special consequential, incidental or other indirect damages of any kind. Buyer's role remedy hereunder shall be limited to a refund of the amount paid hereunder. Page 2 of 3 Outdoor Lighting Contract I 2. Indemnification. Buyer agrees that it shall indemnify and hold NSP fully harmless for any damages, losses,claims or actions, including actions grounded upon.contract, tort, negligence, strict liability, or environmental claims, which NSP incurs as a result of NSP's performance hereunder or use of same equipment by Buyer or any third party. Mr> 3. Force Majeure: Neither party shall be responsible for any delays in performance (other than payment for services rendered)based on an event of force majeure. The party experiencing the event of force majeure, shall promptly notify the other party of its inability to perform under the contract as a result of an event of force majeure. Following receipt of said notice --- by the other party, the obligations of each party(other than payment for service rendered), so far as they are affected by the event of force majeure, shall be suspended during, but not longer than, the continuance of the event of force majeure. The term "force majeure" as used herein shall mean an act of God, strike, declared war,civil unrest, public riot, fire, lightning, earthquake, storm, flood, explosion, government restraint, unavailability of equipment, and any other cause, whether of the kind expressly set forth herein or otherwise, which is not reasonably within the control of the party claiming the suspension. 4. Applicable Law. NSP shall comply with all applicable state and federal safety and health laws including, but not limited to, the Occupational Safety and Health Act of 1970(OSHA) • and all standards, rules, regulations and orders issued pursuant to such state and federal safety and health laws, and laws related to non-segregated facilities and equal employment opportunity (including the seven paragraphs appearing in Section 202 of Executive Order 11246, as amended). 5. Binding, Counterparts, Effectiveness, Notices. This agreement shall be binding upon the parties hereto and cannot be assigned, amended or modified except in writing agreed to by the parties. This Agreement may be executed in counterpart, and each such counterpart shall be deemed to be an original. 6. Governing Law. This agreement is governed by the laws of the State of Minnesota. i The parties agree that Buyer may issue its purchase order to NSP. Buyer's purchase order shall be used solely for the administrative convenience of the parties and shall not constitute a part ' hereof. This Agreement shall be effective upon signature of customer and NSP. A copy of this f Agreement shall be sent to the parties at the address indicated. I Page 3 of 3