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HomeMy WebLinkAbout5.D.2. Fuller Street Special Lighting District Agreement with Shakopee Public Utilities (SPUC)CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeil, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Approval of Fuller Street Special Lighting District (SLD) Agreement DATE: March 15, 2011 INTRODUCTION: BACKGROUND: .57 D , Attached is an agreement from Shakopee Public Utilities Commission (SPUC) for the Fuller Street Special Lighting District (SLD) for Council approval. The City of Shakopee and SPUC went together to install light emitting diodes (LED's) lights along Fuller Street in 2010. Since these lights are non - standard lights, a SLD must be approved by SPUC and the City. In order to approve the SLD for Fuller Street lights, an agreement has been prepared by SPUC's staff and has been reviewed by City staff. The agreement outlines the basic arrangement between SPUC and the City on street lighting, maintenance provisions and general agreement requirements. This agreement has an Exhibit "A" and `B" which are the general lighting specifications and specific requirements for the Fuller Street SLD. Staff would recommend approval of this agreement to memoralize the arrangement of these lights. In Exhibit `B ", the replacement LEB boards will be a shared cost between the City and SPUC, since the lights were purchased together. ALTERNATIVES: 1. Authorize the appropriate City officials to execute the Fuller Street Special Lighting District Agreement. 2. Do not approve this agreement. 3. Table for additional information. RECOMMENDATION: Staff recommends approval of Alternative No. 1. ACTION REOUESTED: Authorize the appropriate City officials to execute the Fuller Street Special Lighting District Agreement. ENGR/ 2009- PROJECTS/FULLER- STREET - TRAIL- EXTENSION/WORD /SPUC- AGREEMENT -SLD Bruce Loney, P. Public Works Director Final dated 3 4 2011 FULLER STREET SPECIAL LIGHTING DISTRICT (SLD) AGREEMENT THIS SLD AGREEMENT is dated , 20 between the Shakopee Public Utilities Commission, hereinafter "SPUC" and the City of Shakopee, Minnesota. WITNESSETH: That the parties hereto, each in consideration of the agreements of the other, agree as follows: 1. KIND OF SERVICE: the SPUC agrees to supply the City of Shakopee with illumination service designated in the City limits of Shakopee, Minnesota, as defined in the Component Relationship Table, as amended, which are attached hereto and made a part of this agreement. Said Exhibit B and Component Relationship Table may be amended by the mutual agreement of the parties and the amended Exhibit and Table shall become part of this agreement upon execution by both parties. 2. GENERAL LIGHTING SPECIFICATIONS; All lighting systems must meet the general light specifications. See Exhibit "A" attached and made a part of this agreement. 3. SERVICE INCLUDED IN: the SPUC shall furnish and donate energy used by the light system, shall make all lamp replacements, provide routine maintenance, using lamps and photocells which are commonly in use by SPUC, provide routine maintenance to wiring, furnish the labor necessary for globe and ballast renewals in accordance to the attached Exhibit "B" Component Relationship Table. In the event any non - standard lamps or other devices are installed in any lighting system the City of Shakopee shall be responsible for providing replacement parts for said lamps of devices at its sole cost, except in the case of Light Emitting Diode (LED) board assemblies. Replacement LED board assemblies shall be a shared cost, with the SPUC's share increasing from zero percent (0 %) in the first year after installation by four percent (4 %) per year for each full year after installation, and the City of Shakopee's share decreasing from one hundred percent (100 %) by four percent (4 %) per year for each full year after installation. Any such non - standard lamp or other devices must be approved by the SPUC prior to initial installation and Exhibit B, Component Relationship Table shall be amended to include the change and approval. 4. IN THE EVENT: the SPUC is prevented from performing the services identified in this agreement, wholly or in part by reason of any cause not reasonably within its control, including fire, explosion, flood, strike, or unavoidable accident, Federal, State, County or Municipal interference, the SPUC will (except in the event of a practically total destruction of its property or a practically total suspension of its business) proceed with all reasonable diligence to put itself and its works in condition to resume and continue the supply of electric energy and the performance of the agreement. During the existence of such interruption or cessation, the SPUC will furnish as much electric energy, and other service called for by the agreement as it is able to furnish, pro -rata, with the rightful requirements of its own uses and the uses of other customers. In the event of the total or partial interruption of service by reason of any cause not within the control of SPUC, including the above mentioned causes, it is understood that the SPUC shall not be liable for damages caused by such interruption of service, except to the extent of a pro -rata reduction in the compensation agreed upon. 5. DAILY OPERATING SCHEDULE: The daily operating schedule of the above lamps shall be from approximately one -half hour after sunset until one -half hour before sunrise. 6. TERMS: This agreement shall be in force in perpetuity unless terminated by 60 days written notice of cancellation given by either party to the other in accordance with Clause 10.07, infra provided that in no event shall this SLD Agreement be extended beyond the period for which either party may legally bind itself. 7. PAYMENT OF BILLS: All bills are payable at SPUC's office within 30 days of receipt. If bills are not paid when and as provided, the SPUC shall have the right to cease furnishing lighting service and the city of Shakopee's liability shall not be avoided nor any right of the SPUC waived by said acts of the City of Shakopee and SPUC. 8. UNLESS SPECIFICALLY: stated to the contrary, it is understood that all poles, wires, fixtures, apparatus and other material as may be used by the SPUC in carrying out the contract shall be and remain the property of the City of Shakopee and that the SPUC shall have the right to install the same on public streets and alleys of the City of Shakopee and to remove the same upon expiration of the contract except that the SPUC and the City of Shakopee may mutually agree to transfer said ownership for consideration provided at any time. . MAINTENANCE 9.01 SPUC's services shall include repair of street light malfunctions and knockdowns as they occur. Painting of poles may be arranged by the City of Shakopee through SPUC. All services by the SPUC contemplated herein do not include energy costs. 9.02 All electrical work performed by the SPUC in conjunction with the street light maintenance shall be in conformance with the National Electrical Safety Code and in a neat and workmanlike manner. 9.03 The City of Shakopee shall, from time to time, provide a written list of persons authorized by the City of Shakopee to call for service hereunder. Any call for service by any other persons shall be verified by the SPUC before work commences. 9.04 The authorized City of Shakopee representatives shall direct telephone calls for Services when needed between the hours of 7:30 AM and 4:00 PM, Monday through Friday, excluding legal holidays to the SPUC at 952- 455 -1988. At all other times, calls for service shall be directed to SPUC's 24 -hour dispatcher at 952 -. 9.05 SPUC shall dispatch qualified personnel to repair and correct emergency or dangerous situations on a priority basis considering all street lights maintained by SPUC, taking care of the most dangerous situations first. 9.06 SPUC shall, for non - emergency or non - dangerous situations, respond to calls for service within twenty -four (24) hours if such calls are received between 7:30 AM and 4:00 PM, Monday through Friday, excluding legal holidays. A call for service at any other time shall be responded to within seventy -two (72) hours. 9.07 To the extent possible, depending on SPUC's complement of available staff and available parts, any street light covered hereunder shall be restored to normal operation within seventy -two (72) hours from the time the call for service is received. 9.08 SPUC shall bill the City of Shakopee for services rendered hereunder on a monthly basis detailing a description of the work involved; the labor and equipment used in the performance thereof; and the parts and materials furnished. 9.09 Labor charges shall be billed by the SPUC at the wage it has established with the various occupational groups who actually perform the work. Such wage rates shall also be adjusted to reflect the cost of fringe benefits paid by the SPUC to those occupational groups who actually perform the work. Further, the wage rates and /or fringe benefits shall be adjusted if the occupational groups are working holidays, are on overtime status or have been subject to callback as the case may be and as determined by the time when work is performed hereunder. The labor charges referenced shall commence at the time travel begins and terminate when travel ends for any task performed for the City of Shakopee hereunder. A current listing of the prevailing wage rates for occupational groups shall be provided to the City of Shakopee within 10 days of a request for any such listing. 9.10 The City of Shakopee shall be billed for parts and materials at SPUC's actual cost plus a markup of fifteen percent (15 %) to cover the costs of restocking, handling and operating expenses unless the City of Shakopee is providing said parts as provided in Clause 3, supra. 9.11 The City of Shakopee shall remit the sums payable to the SPUC within thirty (30) days of the date of the invoice. 9.12 SPUC shall donate the energy costs associated with the operation of any street light covered herein on a yearly basis. GENERAL 10.01 Indemnification by the City of Shakopee. The SPUC, its officers, agents and employees shall not be liable or responsible in any manner to the City of Shakopee, their successors or assigns, their contractors or subcontractors, or to any other person or persons for any claim, demand, damage, or cause of action of any kind or character arising out of or by reason of the execution of this Agreement or the installation and maintenance of the street lights. The City of Shakopee, and their successors and assigns agree to protect, defend and save the SPUC and its officers, agents, and employees harmless from all such claims, demands, damages, and causes of action and the costs, disbursements, and expenses of defending the same, including, but not limited to, attorneys' fees, consulting engineering services, and other technical, administrative or professional assistance. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or liability to which the SPUC is entitled to under Minnesota Statutes Chapter 466 or otherwise. 10.02 Indemnification by the SPUC. The City of Shakopee, its officers, agents and employees shall not be liable or responsible in any manner to the SPUC, their successors or assigns, their contractors or subcontractors, or to any other person or persons for any claim, demand, damage, or cause of action of any kind or character arising out of or by reason of the execution of this Agreement or the installation and maintenance of the street lights. The SPUC, and their successors and assigns agree to protect, defend and save the City of Shakopee and its officers, agents, and employees harmless from all such claims, demands, damages, and causes of action and the costs, disbursements, and expenses of defending the same, including, but not limited to, attorneys' fees, consulting engineering services, and other technical, administrative or professional assistance. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or liability to which the City of Shakopee is entitled to under any applicable law. 10.03 Amendment. Any amendment to this Agreement must be in writing and signed by all parties. 10.04 Representatives Not Individually Liable. No officer, agent or employee of either the SPUC or the City of Shakopee shall be personally liable on any obligation or term of this Agreement. 10.05 Notices and Demands. Any notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally: (a) As to City of Shakopee: (b) As to SPUC: City of Shakopee 129 S Homes St Shakopee, MN 55379 Attn: City Administrator Shakopee Public Utilities Commission 255 Sarazin Street, PO Box 470 Shakopee, MN 55379 Attn: Utilities Manager or at such address with respect to such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section 10.05. 10.05 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 10.06 Governmental Authority. (a) Nothing in this Agreement shall confer or be construed to confer any authority on any city, county or state or any department, agency, or subdivision of any city, county or state. (b) Nothing in this Agreement shall be construed or interpreted to limit or expand any jurisdiction or authority of either of the parties, to waive any immunities, or to otherwise modify the legal rights of any person, to accomplish any act violative of tribal, state or federal law or to subject the parties to any liability to which they would not otherwise be subject by law. 10.07 Termination. Either the City of Shakopee or the SPUC may terminate this Agreement without cause upon sixty (60) days written notice from one to the other and any charges for services rendered prior to the termination date shall survive until paid. IN WITNESS OF THE ABOVE, the parties have caused this Agreement to be executed on the date and year written above. STATE OF MINNESOTA ) ) SS. COUNTY OF SCOTT ) CITY OF SHAKOPEE By: Its: The foregoing instrument was acknowledged before me this day of 20 , by the xxxxxxxxx Notary Public IN WITNESS OF THE ABOVE, the parties have caused this Agreement to be executed on the date and year written above. STATE OF MINNESOTA ) ) SS. COUNTY OF SCOTT ) SHAKOPEE PUBLIC UTILITIES COMMISSION By: Its: President By: Its: Utilities Manager The foregoing instrument was acknowledged before me this day of , 20 , by and , the President and Utilities Manager, respectively, of the Shakopee Public Utilities Commission, on behalf of Shakopee Public Utilities Commission. Notary Public EQUIPMENT LOCATION LUMINAIRE APPROVAL Draft 2 4 2011 Exhibit "A" GENERAL LIGHTING SPECIFICATIONS SHAKOPEE PUBLIC UTILITIES COMMISSION The following specifications apply to any street lighting system having the SPUC involvement to any degree whatsoever. These specifications are general, specific approval for each project must be secured on a case by case basis. SPUC reserves the right to modify these specifications from time to time. SPUC will not provide maintenance to any lighting luminaires mounted less than 14 feet or more than 40 feet above the ground. Experience has shown low - mounted units to be susceptible to vandalism. Luminaires and other equipment must be accessible by a paved surface sufficiently strong to support maintenance trucks. Approval for each system must be secured from the SPUC on an individual case by case basis. Final approval must be in written form. All projects that involve luminaire installed or replaced with state funds must meet the 2008 Minnesota Statute 16B.328 Outdoor Lighting Fixture model Ordinance. All luminaires must use a standard street lighting -type lamp. 100 -watt or 150 -watt high - pressure sodium lamp must have an arc tube voltage of 55 volts. Standard ballast operating voltages are 120 or 240 volts. In certain areas, 277 volts might be available. If the luminaries are to have individual photoelectric controls, they must be equipped with an EEI/NEMA -type photoelectric socket mounted externally and an EEI /NEMA photoelectric control. (See Photoelectric Controls) The luminaires must be easily opened for cleaning and relamping by the use of snap latches or a maximum of four captive screws. The luminaire must be adequately sealed and gasketed to prevent excessive dirt and insects from entering the unit. The luminaries generally shall consist of a metal housing with a portion of the bottom side containing a glass or plastic lens (glassware). Aesthetic -type luminaires that consist basically of a lamp socket with a plastic or glass enclosure often are nearly impossible to clean because of their irregular shape and are acceptable only for metered "energy only" service. Any portion of the luminaries that must be unlatched or opened for maintenance must be hinged and have a retaining chain. This is an important consideration because they often will need maintenance in below - freezing temperatures by gloved hand. PHOTOELECTRIC CONTROLS The photoelectric cell and socket must be the EEI/NEMA normally closed type with 120 -, 240 -, or 277 -volt control voltage. Replacement cells are dual -rated 105 /285 -volt, normally closed type. There must be sufficient room to mount the photoelectric cell in the socket. Some luminaires mount the socket inside the unit just below a plastic dome, where a special, small cell is required. This unit would not be acceptable. In some units, this plastic dome can be removed and replaced by the standard EEI/NEMA socket to allow external mounting of the photoelectric cell. The City of Shakopee would be responsible for this conversion work. Photoelectric control "turn on" level shall be set for 2.0 foot - candles minimum to 3.0 foot - candles maximum for multi- voltage cells on 120 -volt operation. Single - voltage cells shall have a "turn on" level of 1.0 to 1.5 foot - candles and a "turn-off" level of 2.5 to 3.8 foot - candles. BALLASTS Ballasts, capacitors and starter boards shall be located inside the luminaries in a manner to permit ease of removal for maintenance. Access to the ballast compartment must be through a door or plate with a simple, yet secure, latching method. GLASSWARE All luminaries' glassware (refractors) must be easily removable in the field for cleaning and replacement. Glassware shall be held in place by latches or captive screws. Metal clamp bands or neoprene -type retainers requiring workbench reassembly will not be approved. Luminaries to be mounted at heights of 25 feet or more may use refractors made of glass or plastic. Luminaries to be mounted at lower heights may use glass or acrylic plastic refractors if the refractors have a rounded surface and are of one piece. Rounded surfaces are more resistant to vandalism. At mounting heights below 25 feet, flat -panel type refractors must be made of high - impact strength polycarbonate plastic. Most polycarbonate plastic refractors are manufactured under the trade name of Lexan. Individual flat -panel refractors must be mounted securely in the luminaries to resist being dislodged by acts of vandalism. COMPONENT RELATIONSHIP TABLE COMPONENT NUMBER STYLE APPROVED BY PUC & GTY 1ST COSTS OWNER OPERATOR MAINTENANCE LABOR COSTS REPLACEMENT COSTS POLES FIXTURE LED BOARD LED DRIVER GLASSWARE PHOTO CELL 13 13 13 0 3 13 CITY /SPU CITY /SPU CITY /SPU SITY /SPU CITY/SPU SITY /SPU CITY /SPU CITY /SPU CITY SPU CITY/SPU CITY /SPU CITY SHARED SHARED SHARED CITY CITY tiaaC:)00 CITY CITY 100X CITY CITY 100X SHARED SHARED SPU CITY CITY CITY 1001E SPU SPU ANCHOR BASE 0 CITY ENERGY 13 SPU SPU SPU SPU SPU WIRE ARIOUS CITY CITY /SPU CITY Cal SPU SPU CITY 100X SPU = SHAKOPEE PUBLIC UTIUTMES HOA =HOME OWNER ASSOC CITY= CITY OF SHAKOPEE LED LIGHT FIXTURE FULLER ST SPECIAL LIGHTING DISTRICT Exhibit "B" L