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Home My WebLink About6.j. Street Lighting Contract with Xcel Energy, Highway 3 Projectt i CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL REGULAR MEETING DATE: August 7, 2001 AGENDA ITEM: Street Lighting Contract with Xcel Energy, AGENDA SECTION: Highway 3 Project between 145 and Lower Consent 147 Streets PREPARED BY: Jim Parsons AGENDA NO. Community Development Director fft" , : " 6 ATTACHMENTS: Resolution Awarding Contract to Xcel Energy APPROVED BY: for Street Lights for Highway 3 between 145' and Lower 14T Streets; Contract f V Background The City Council directed staff and the consulting engineer to increase the distance between street lights on the Highway 3 project. The lights are about 75 feet apart on the section of Highway 3 north of 145 Street. The design for the section of Highway 3 between 145 and Lower 147 Streets places the lights about 150 feet apart. This means of course fewer lights and less cost. The proposed contract is for 12 street lights in the two -block section. Staff recommends award of the proposed contract. RECOMMENDED ACTION: MOTION to approve A RESOLUTION TO AWARD A CONTRACT FOR STREET LIGHTS ON HIGHWAY 3 BETWEEN 145 AND LOWER 147 STREETS. CITY COUNCIL ACTION: CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2001— A RESOLUTION TO AWARD A CONTRACT FOR STREET LIGHTS ON HIGHWAY 3 BETWEEN 145 AND LOWER 147 STREETS BE IT RESOLVED, by the City Council of the City of Rosemount, Minnesota, as follows: 1. The bid listed below in the specified amounts for the construction of certain improvements is in accordance with the plans and specifications. The contract is hereby awarded. Type of Work Contractor's Name Amount Street lights Xcel Energy $62,800 2. The Mayor and City Clerk are hereby authorized and directed to enter into a contract with the bidder for the construction of said improvements for and on behalf of the City of Rosemount. ADOPTED this 7th day of August, 2001. ATTEST: Linda Jentink, City Clerk Motion: Voted in favor: Voted against: Cathy Busho, Mayor Second: Members absent: 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 Rosemount - Tom Burt at (service address): HYW 3 from 145th and Lower 147th Street Phase 1 - : - - -- (City) Rosemount (State) MN (Zip Code) 55068 -4997 the sum of Sixty two thousand - Eight hundred ,Dollars ($62,800) will be paid to NSP by (other than above) same Address (other than above) 2875 145th Street West (City) Rosemount (State) MN (Zip Code) 55068 -4997 - in accordance with the following terms of payment: 30 days after construction begins Service consisting of: The installation of purchase option (Group V) ornamental street lighting system consisting of : 12 ea. - 100 watt BPS HP Acorn fixture 12 ea. - 6" Screw -in anchor bases 1 ea. - 150 watt BPS Rectiliinear 1 ea. - 4' Hub -Mtd single mast arm 13 ea. - Flag holders 26 ea. -,Clamp on banners arms 12 ea. - 15' Fluted FG poles 1 ea. - Feed point cabinet 1 ea. - 30' Aluminum Pole 2 ea. - 8" Screw -in bases 13 ea. - GFI receptacles All fixtures, poles, and other accessories will be the color green. All cable will be placed in conduit. This proposal is valid for 30 calendar days. Dated this day of 19 Customer: City of Rosemount By: Title: Dated this day of _ 19 Northern States Power Company By: Title: Principle Consultant NSP Rep: John E Hygrell Date: 6/25/2001 Div: St Paul NSP Proj /Sery No: ROSM ODL BA4 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 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. 3. 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. 4. Company is not responsible for any customer -owned underground facilities not exposed at the time service is installed. 5. 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. 6. The underground facilities installed by NSP shall be the property of NSP and any payments made by the customer, or their contractor, shall not entitle the customer to any ownership interest or rights therein. 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. 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 � r Outdoor Lighting Contract 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. 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. 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 apart hereof. This Agreement shall be effective upon signature of customer and NSP. A copy of this Agreement shall be sent to the parties at the address indicated. Page 3 of 3