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HomeMy WebLinkAbout6.i. 132nd Street Improvements, CP 465, Approve Encroachment Agreement with Xcel EnergyI:\City Clerk\Agenda Items\Approved Items\6.i. 132nd Street Improvements, CP 465, Approve Encroachment Agreement with Xcel Energy.docx EXECUTIVE SUMMARY City Council Meeting: August 18, 2020 AGENDA ITEM: 132nd Street Improvements, CP 465, Approve Encroachment Agreement with Xcel Energy AGENDA SECTION: Consent PREPARED BY: Stephanie Smith, PE (MN), Assistant City Engineer AGENDA NO. 6.i. ATTACHMENTS: Agreement APPROVED BY: LJM RECOMMENDED ACTION: Authorize an Encroachment Agreement with Northern States Power (Xcel Energy) for construction of improvements associated with 132nd Street Improvement Project, City Project 465 BACKGROUND The 132nd Street Improvement Project, City Project No. 465, was initiated to support continued growth and development in the areas adjacent to 132nd Street, between Trunk Highway 3 (TH 3) and Dodd Boulevard. The proposed project includes the upgrade of approximately 600 feet of rural gravel roadway to urban roadway along with the extension of trunk utility systems. As part of the improvements, a retaining wall is required to support the soil around an existing pole owned and operated by Northern States Power (NSP), doing business as Xcel Energy in order to complete construction. Xcel Energy has requested an encroachment agreement for the retaining wall to be located within their easement, which is attached to this document. The City Attorney has reviewed the agreement. RECCOMENDATION Staff recommends the City Council approve the agreement with NSP. 1 of 4 (RESERVED FOR RECORDING DATA) RETURN TO: Xcel Energy Siting & Land Rights, Seth Wight 414 Nicollet Mall, 06 Minneapolis, MN 55401 CONSENT TO IMPROVEMENTS Line No. 703 Str 1024 – 1026 City of Rosemount THIS CONSENT TO IMPROVEMENTS (this “Consent”), dated the _____ day of _______________, 2020, is made by and between the City of Rosemount, a municipal of the State of Minnesota their heirs, successors, and assigns (“Requestor”) and Northern States Power Company, a Minnesota Corporation, herein referred to as “Xcel Energy”, having an office and place of business in the City of Minneapolis , County of Hennepin, State of Minnesota . WITNESSETH WHEREAS, Xcel Energy obtained certain rights to construct and maintain facilities for the distribution and transmission of electrical energy in, over and across the following described property owned by Requestor (the “Premises”), by that document dated August 8th, 1924 and recorded on November 14th, 1924 as Document No. 104867 and by that document dated December 1st, 1924 and recorded on December 8th, 1924 as Document No. 105134 said easement were paritial released and defined by that document dated January 29th, 1988 and recorded as Doc No. 127195 (the “Easement”). Premises : Outlot A, Dunmore, Dakota County, MN. Northern States Power Company became Xcel Energy, Inc., a Minnesota corporation as a result of the Articles of Merger dated August 17, 2000, and filed with the Dakota County Recorder on August 31, 2000 as Document No. 1715393. Xcel Energy, Inc. assigned the above easement to Northern States Power Company, a Minnesota Corporation, by Assignment and Assumption of Easements dated December 29, 2000 and filed August 31, 2001, 2001 as Document No. 1805118 or by Ratification and Assignment of Easements dated June 2, 2004, and filed August 31, 2004 as Document No. 2243563. WHEREAS, Requestor has applied to Xcel Energy for permission to use a portion of the Easement for the construction of a retaining wall purposes, hereinafter reffered to as (the “Easement Area”). The Easement Area affected by this Consent is shown on Exhibit “B”, attached hereto. 2 of 4 NOW THEREFORE, in consideration of the promises exchanged herein, the parties for themselves and their respective successors and assigns agree as follows: 1. Xcel Energy consents to Requestor’s use of the Easement Area for the purposes described in Exhibit “A”, attached hereto and made a part hereof, subject to Requestor ’s strict compliance with the terms set forth herein. 2. The Requestor acknowledges that it has inspected the Easement Area and determined it to be suitable for the uses described in Paragraph 1 above. Requestor agrees that it is not relying on any oral or written representation of Xcel Energy concerning the Easement Area (including but not limited to dimensions, soil conditions, environmental conditions, and municipal restrictions, or use by adjoining or third parties). 3. No future work shall be conducted on the Easement Area until Requestor has received written approval from Xcel Energy. As a condition to approval, Requestor shall submit detailed plans of the work and a description of work procedures. Xcel Energy’s approval of any work or work procedures merely indicates its consent to the proposed activities and does not constitute a representation or warranty concerning the suitability, prudency, effectiveness, or propriety of the proposed activities. 4. Requestor agrees that within t hirty (30) days of Xcel Energy’s submittal of an invoice, Requestor shall reimburse Xcel Energy for its reasonable expenses to review any request for work (including but not limited to costs for administrative review, engineering and field inspection). 5. Prior to commencing work, Requestor shall designate a representative who will super vise the work, be present during all work, and be authorized to control and, if necessary, suspend the work. 6. Requestor shall immediately suspend its work if requested by Xcel Energy. If suspension is required due to Requestor’s failure to strictly comply with the terms of this Consent, upon such suspension the parties shall consult in an effort to cure such noncompliance so that the Requestor may resume its activities. 7. Requestor shall not at any time use or store any pollutant or hazardous material within the Easement Area, and shall at all times maintain the Easement Area in a safe and lawful condition. 8. Requestor shall, at its sole cost and risk, obtain all permits, consents or approvals required for its occupancy and use of the Easement Area. Upon Xcel Energy’s request, Requestor shall provide evidence reasonably satisfactory to Xcel Energy that all required consents or permits are in force for Requestor ’s use of the Easement Area. 9. As part of Xcel Energy’s business operations, Xcel Energy shall have the right, at any time and without liability or compensation to Requestor, to use the Easement Area to install, use, repair, maintain, relocate or remove facilities that presently exist or may in the future be located within the Easement Area. 10. LIMITATION OF LIABILITY; INDEMNITY. Requestor shall indemnify, defend and hold Xcel Energy, its agents, employees, and affiliates harmless from any cost, liability, damage, loss, claim, action or proceeding whatsoever for injury to persons (including death) or damage to property which may arise from or be claimed to have arisen from Requestor ’s exercise of the rights granted in this Consent. Requestor, on behalf of itself, its successors, assigns, and representatives, hereby releases Xcel Energy from any liability for damages incurred by Requestor, its successors, assigns, representatives, employees, agents, or those under its control arising from (1) Xcel Energy’s use and improvement of the Easement Area for its business purposes, (2) the existing condition of the Easement Area, (3) Xcel Energy’s future installations, (4) Xcel Energy’s actions reasonably necessary to protect its property during emergency conditions, or (5) Xcel Energy’s exercise of its rights to remove improvements, gradi ng or other work installed within the Easement Area by or on behalf o f Requestor without Xcel Energy’s prior approval. 3 of 4 11. Unless otherwise provided for as part of the conditions for approval, throughout the time Requestor is conducting work on the Easement Area, Requestor shall insure that any contractor conducting said work shall maintain and provide evidence to Xcel Energy of insurance coverage at least equivalent to the following or Requestor shall provide, at Requestor’s expense, the following coverage: a. Worker’s Compensation at statutory limits with Employers Liability coverage of at least $100,000 limits if such party is at any time during the term of this Consent subject to the requirements of any applicable law governing worker’s compensation. b. Comprehensive General Liability Coverage, (including blanket contractual liability) against claims for bodily injury, death and property damage, including environmental damage, arising out of such party’s operations, affording combined single limit pr otection of One Million Dollars ($1,000,000) with respect to personal injury or death and property damage, including environmental damage. All policies shall be endorsed to (1) name Xcel Energy its directors, officers, employees and affiliates as additional insured with respect to any and all bodily injury and/or property damage, and (2) to require thirty (30) days written notice be given to Xcel Energy prior to any cancellation or material changes in the policy. [The balance of the page is left intentionally blank] 4 of 4 N WITNESS WHEREOF, the parties have caused this Consent to be executed on the date aforementioned. City of Rosemount, a municipal of the State of Minnesota _________________________________ By; It’s: NORTHERN STATES POWER COMPANY, a Minnesota corporation ____________________________________ Peter D. Gitzen, Manager Siting & Land Rights Xcel Energy Services Inc. an Authorized Agent for Northern States Power Company STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this ___ day of _________________________, 2020, by ________________________________________,________________________________________ . _________________________________________ Notary Public My Commission Expires: ______________________ STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _______ day of ___________, 2020, by Peter D. Gitzen, Manager, Siting and Land Rights, Xcel Energy Services, Inc., as an authorized agent for Northern States Power Company, a Minnesota corporation, on behalf of the corporation. _________________________________________ Notary Public My Commission Expires: ______________________ This Instrument Drafted By: Seth Wight, an employee of Xcel Energy, 414 Nicollet Mall, Minneapolis, MN 55401 ATTACHED TO AND MADE A PART OF CONSENT TO IMPROVEMENTS DATED ______________, 2020, BETWEEN XCEL ENERGY and THE CITY OF ROSEMOUNT EXHIBIT “A” AUTHORIZED USE: Outlot A, Dunmore, Dakota County, MN. SCOPE OF PROJECT. This project consists of the construction of a retaining wall to protect the grade surround wood pole. The proposed project meets Xcel Energy’s standards, provided the following conditions are adhered to: (1) Excavation close to structure location. A minimum distance of 20 feet of supported earth must be maintained from any part of the line structure. Support of the ground beyond the 20 feet may be provided by a slope no greater than three feet horizontal to one foot vertical. Support may also be provided by the use of cribbing, sh eet piling, retaining wall or tunneling. The specific plan for providing the required support and the excavation plan for the proposed project must be submitted to Xcel Energy for review and approval prior to construction start. (2) Grade change around structure location. Fill around or above the structure is not permitted. The grade around the structures must provide for surface water runoff – no surface water ponding around structures will be permitted. Any cost related to the adjustment of Xcel Energy’s facilities will be at the requestor’s expense. (3) Grade change within easement. The ground elevation within the Easement Area shall not be increased above the existing grade. Stockpiling of soil and/or material within the Easement Area will not be permitted. Any proposed grade changes required for the site driveway must be reviewed and approved by Xcel Energy prior to the start of construction. (4) Clearances to equipment and workers. A working clearance of 15 feet between the electrical conductors and any cranes or digging equipment used at conductor elevation in or near the easement and a clearance of 14 feet to the physical proximity of workers must be maintained at all times. In addition, any construction near the transmission line(s) shall comply with all OSHA Safety Clearances. If this clearance cannot be maintained, the contractor or developer must arrange for a line outage by calling Xcel Energy’s System Control department. Adequate advanced notice mus t be provided in order to schedule a line outage, if an outage is available. The preceding two paragraph(s) must be included in a prominent location on the plan sets and specifications given to contractors. (5) Building on easements. There shall be no additional permanent or temporary buildings allowed within the easement area, without prior written approval from Xcel Energy. (6) Fuel and refueling on easements. There shall be no fuel tanks stored or refueling of vehicles and equipment within the easement. (7) Streetlights and signs on easements. If there are to be streetlights, signboards, identification signs or any other type of non-building structure within the easement, detailed plans must be submitted to Xcel Energy prior to construction for review and approval to verify compliance with electrical code clearances prior to construction start. Metallic structures must be properly grounded. The same working clearance criteria as stated in paragraph (4) also applies, for equipment used to erect and install light standards, sign boards, etc. Any metallic structure, pole, wire or item placed in the vicinity of a high-voltage transmission line will have the potential to become electrically charged due to electrical induction. The development of an electric charge results in a potential difference between the metal installation and the ground, which can result in electrical shocks when the item is touched. Placement of such metallic installation should take into consideration the shock potential during the; constru ction, intended use AND future maintenance activities. Items which become charged must be connected to a grounding rod or grounding system to prevent shocks. (8) Notification. Prior to the start of construction and following project completion, the requestor or contractor must notify Xcel Energy. Please contact Seth Wight (651-955-5104), or by email at seth.j.wight@xcelenergy.com It is the express condition of this consent that all other terms and conditions of that certain easement shall remain in full force and effect. NOTICE REGARDING LIMITATION OF LIABILITY: Requester understands and agrees that pursuant to the foregoing consent provisions, Xcel Energy is not liable for any damages it or any other party may cause to the improvements authorized herein. (Line 703: Str.1024-1026)