HomeMy WebLinkAbout12780RESOLUTION NO. 12780
A RESOLUTION APPROVING THE STREETLIGHT
REPLACEMENT AGREEMENT BETWEEN THE CITY OF
PUEBLO AND BLACK HILLS/COLORADO ELECTRIC
UTILITY COMPANY LP RELATING TO THE STREETLIGHT
REPLACEMENT AGREEMENT
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Agreement, a copy of which is attached hereto, having been approved as to
form by the City Attorney, between the City of Pueblo, a Municipal Corporation, and Black
Hills/Colorado Electric Utility Company LP d/b/a Black Hills Energy, relating to the
Streetlight Replacement Agreement is hereby approved.
SECTION 2.
The President of the City Council is authorized to execute and deliver the
Agreement in the name of the City, and the City Clerk is directed to affix the seal of the
City thereto and attest the same.
SECTION 3.
The officers and staff of the City are directed and authorized to perform any and
all acts consistent with the intent of this Resolution and the attached Agreement to
effectuate the transactions described therein.
SECTION 4.
This Resolution shall become effective immediately upon passage and approval.
INTRODUCED: September 9, 2013
BY: Ed Brown
Background Paper for Proposed
RESOLUTION
DATE: September 9, 2013
AGENDA ITEM # Q-2
DEPARTMENT: PUBLIC WORKS
EARL WILKINSON, P.E. – DIRECTOR
TITLE
A RESOLUTION APPROVING THE STREETLIGHT REPLACEMENT AGREEMENT
BETWEEN THE CITY OF PUEBLO AND BLACK HILLS/COLORADO ELECTRIC UTILITY
COMPANY LP RELATING TO THE STREET LIGHT REPLACEMENT AGREEMENT
ISSUE
Should the City approve the Streetlight Replacement Agreement with Black Hills Energy to
inspect the replacement of 100 and 250 watt high-pressure sodium fixtures with equivalent LED
streetlight fixtures?
RECOMMENDATION
Approval of Resolution.
BACKGROUND
The approval of this Agreement allows the City to move forward with the LED streetlight project.
Black Hills will provide inspection of the installation of the LED fixtures.The overall project will
replace approximately 8,725 high pressure sodium fixtures with LED fixtures.
FINANCIAL IMPACT
The streetlight fixtures are owned by Black Hills Energy; therefore, inspection of the installation
of the LED fixtures is required as part of the project. The approval of the Agreement establishes
as hourly rate $99.56 per hour for Black Hills Energy inspection services. Below is the project
budget and estimated savings as a result of the LED streetlight replacement project.
Estimated Savings
Estimated Project Costs
LED Fixture Purchase $ 3,733,500.00 2013 Street Light Budget $ 1,602,039.00
LED Installation $ 2,000,000.00 Annual Savings $ ( 917,366.00)
Inspections Costs (6 months) $ 125,000.00
Project Annual Street Light Budget $ 684,673.00
Estimated Project Loan $ 5,858,500.00 Annual Loan Payback (10 years) $ 679,000.00
2014 Street Light Costs $ 1,363,673.00
Savings per Year $ (238,366.00)
Savings per Day $ (653.06)
STREET LIGHT REPLACEMENT AGREEMENT
THIS AGREEMENT, made and entered into as of the q day ofd {y „ bp 2013, by and
between the City of Pueblo, a Municipal Corporation ( "City "), 200 S. Main et, Pueblo, CO 81003
( "City ") and Black Hills /Colorado Electric Utility Company LP d /b /a Black Hills Energy, 105 S.
Victoria Avenue, Pueblo, CO 81005 ( "Company" or "Black Hills ") with respect to City Project No. 13-
021 LED Streetlight Replacement, hereinafter referred to as the "Project. ".
Whereas, Company operates an electric utility company whose service area encompasses the
City; and
Whereas, City intends to initiate a comprehensive energy conservation program by replacing the
street lighting fixtures in its jurisdiction (existing pole structures will remain) with an emerging energy
efficiency street lighting option. This effort will include the removal of approximately 8,725 high
pressure sodium (HPS) streetlight fixtures and the installation of approximately 8,725 light emitting diode
(LED) streetlight fixtures ( "Streetlight Fixtures ") throughout the City of Pueblo. The fixtures being
replaced are 100 and 250 watt HPS cobra head fixtures; and
Whereas, Company has an approved tariff on file with the Colorado Public Utilities Commission
( "Commission ") concerning Emerging Energy Efficiency Lighting Technology Option ( "Efficiency
Lighting ") contained in Original Sheet No. 60a (the "Efficiency Lighting Tariff') which, inter alia, is
available to municipalities or other governmental subdivisions, school districts and unincorporated
communities and for lighting county streets, major highways and public grounds.; and.
Whereas, City desires Company to assume ownership, operation and maintenance of the
Streetlight Fixtures installed by City during periodic intervals until all planned Streetlight Fixtures are
installed; and
Whereas, City will reimburse Company for the costs it incurs for services and fees related to the
Project pursuant to the terms and conditions set forth in this Agreement.
Now, therefore, in consideration of the provision for payment and other terms and conditions set
out below, the parties agree as follows:
1. The Project.
a) City will be responsible for completing the Project. The Project shall be conducted in
compliance with all federal, state, and local statutes, regulations, ordinances and /or guidelines and in a
manner consistent with Company's reasonable discretion acting in good faith, as to what is necessary or
appropriate for Company to assume ownership of the Streetlight Fixtures remaining after completion of
the Project. The Project must meet Company's reasonable specifications and at no time will Company be
required to accept ownership if said Project does not meet all of Company's material, design and
construction requirements. This determination is in the Company's reasonable discretion acting in good
faith.
b) Obtainment of Easements. To the extent not already granted in the existing franchise
between the City and Black Hills or in the existing "Street Lighting Agreement ", entered into on August
10, 2010, the City shall, upon notification from Black Hills in writing, be responsible for obtaining and
granting permanent easements in a form acceptable to Company; as necessary to allow Company to
locate, operate and maintain the Streetlight Fixtures.
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2. Performance of Services by Company. A key feature of the Services provided to the City by
the Company is project coordination and inspection services. Black Hills agrees to provide an operations
supervisor and a line mechanic as those categories are used on the Black Hills' system, who will provide
project coordination and inspection services to the City and the City's Contractor in their fulfillment of
the work contemplated in this Agreement. Such services to be provided by Black Hills, include, but are
not limited to, coordination of the Contractor activities and providing mapping to the City's Contractor
for the installation of the LED fixtures. The Company further agrees to inspect and document the
installation work performed by the Contractor and to provide such other services reasonably necessary to
complete the Project. Black Hills agrees not to unreasonably delay or withhold approval of the
installation work performed by the Contractor. Black Hills will bill the City for those services and the
City agrees to pay the Company for those services as set forth in Exhibit A. A more detailed list of the
Services to be provided by the Company to the City will include the Services set forth on Exhibit A in
accordance with the mutually agreed upon scope or parameters the parties agree to from time to time.
Notwithstanding the foregoing, Company will not be required to provide any Service to the extent the
provision thereof (i) becomes impracticable, in any material respect, as a result of one or more causes
outside of Company's reasonable control (including, without limitation, any labor dispute or force
majeure event), (ii) would require Company to violate any law, order or other binding commitment or
obligation of Company to any governmental entity, or (iii) would, in Company's reasonable judgment
acting in good faith, violate prudent safety procedures.
3. Fees, Billing and Payment. In consideration of the performance of the Services, the City will
pay Company the amounts described on Exhibit A, and in the manners set forth therein. Company will
submit invoices to the City on a monthly basis or upon completion of Services, as applicable, and
payment is due 30 calendar days after the date of invoice (each, a "Payment Due Date "). Payments
received from the City will be credited to outstanding invoices, satisfying each invoice in full in the
chronological order issued by Company.
4. Obligations and Performance of the City. In contracting with a third party to perform the
Project, the City agrees as follows:
a) It is the sole responsibility of the City to enter into a contract with a contractor to perform the
Project. Company is not responsible or liable for the performance of the successful bidder or the
accuracy of the bidder(s)' representations.
b) The City's intent is that its Contractor must meet the Davis Bacon Act wage requirements.
c) The City will require the winning bidder to supply a one year warranty for all installation
work.
d) The City will establish an Evaluation Committee whose primary function will be to monitor
the selection of the Light Fixtures and their installation to assure the Fixtures will be eligible for Black
Hills' Efficiency Lighting Tariff as currently contained in Black Hills' Colorado Public Utilities
Commission ( "CPUC ") Original Sheet No. 60a. Black Hills will be invited to participate in the
Evaluation Committee and provide input to the deliberative process leading up to the selection of the LED
Fixtures and their installation. As part of the work of the Evaluation Committee, Black Hills and the City
will jointly develop specifications for the various LED Streetlight Fixtures that will be procured and
installed. The City agrees to require its Contractor to meet these specifications. In developing the
specifications, the parties agree to take into account the following features among others mutually agreed
upon: applicable industry standards, craftsmanship, serviceability, service life, warranty, consistent
quality, performance, acceptable lead time, staging of deliveries, acceptance of deliveries, demonstrated
successful large scale utility deployments with references, customer service, or availability of spare parts
to be used in evaluating bids.
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e) The City agrees that Black Hills will require certain types and minimum commercially
reasonable levels of insurance coverage for any contractor working on Black Hills owned facilities and
such levels of coverage will be a condition in any contract between the City and the winning contractor.
Those coverage levels are set forth in Exhibit D.
f) The City will be solely responsible and liable for the costs and liabilities associated with the
removal and disposal of the HPS cobra heads. This includes the cost of removing the light fixtures from
the poles, the recycling or other lawful disposal of the HPS lamps, and the salvage or disposal of the
remaining materials.
5. Joint Obligations and Performances of the Parties. The Parties agree to the following:
a) The City will place the burden on its Contractor to develop a process with Black Hills for
addressing issues that may occur during the implementation of the Project. By way of illustration, such
issues may include replacement by the Company at its expense of unsound (i.e., rotten) poles, clearance
violations, right of way, and other issues.
b) Circumstances may arise where it could be convenient and cost - effective for the City's
Contractor to procure miscellaneous parts from Black Hills during the installation work. Accordingly, the
City and Black Hills agree to develop a process for the purchase and supplying of miscellaneous parts to
the City's Contractor as may be needed from time to time during the installation work.
c) In addition to the specification process described in Section 4 d) above, the City and Black
Hills agree to develop a process to verify that lights purchased and installed by the City and then
transferred to Black Hills are covered by the Efficiency Lighting Tariff. The City and Black Hills agree
that this process must be finalized before the City enters into a contract with a Contractor to install the
LED streetlight fixtures. To the extent such verification process results in satisfactory coverage, such
decision shall constitute Black Hills' qualification approval as set forth in the "Special Terms and
Conditions" section of the Efficiency Lighting Tariff. The City and Black Hills agree that this process
must be finalized before the City enters into a contract with a Contractor to install LED streetlight
fixtures. To the extent that the existing Efficiency Lighting Tariff does not exactly match the wattage or
lumens selected by the City for its LED streetlight fixtures, Black Hills agrees to promptly file with the
CPUC and support the necessary tariff(s) to achieve such match. Advance copies of the proposed CPUC
tariff filing shall be provided by Black Hills to the City at least five (5) business days before the
anticipated filing date. The Company hall use best efforts to have its tariffs for the City's LED streetlight
program encompassing all the wattage types be effective at the same time the LED streetlight fixtures
become operational throughout the City.
d) Ownership of the light fixtures installed by the City will be transferred from the City to Black
Hills for $1.00 consideration for the value of the material, labor, and other costs related to their
installation. This transfer shall constitute a contribution in- aid -of construction or contributed capital,
which shall not be included in the rate base of the Company upon which a rate of return is applied. The
City will require that the warranties for the light fixtures will be fully transferrable to Black Hills and the
City will transfer such warranties to Black Hills when it transfers ownership of the lights and fixtures to
Black Hills. The Company agrees that the cost recovery it will seek in its LED streetlight tariffs for the
fixtures that are installed by the City and transferred to Black Hills under this project as applied to the
City will include (i) the cost of furnished energy, and (b) an appropriate cost -based fee for maintaining the
LED lamps and fixtures (Maintenance Fee). The LED streetlight tariff rates relating to this project will
not include any capital recovery component associated with the fixtures that are installed by the City and
transferred to Black Hills under this project including but not limited to, a return on rate base.
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Additionally, the LED streetlight tariffs will not include a fee for replacement nor shall the City be
responsible in the future for the capital cost recovery of Streetlight Facilities needing replacement
inasmuch as anticipated replacement costs will be incorporated in the Maintenance Fee. This does not
limit Black Hills' ability to seek a capital recovery component or return on rate base for other LED lights
or fixtures that are unrelated to this project.
e) The City will provide Black Hills monthly updates with the following information in the
format set forth in Exhibit B:
• The number of LED Lights installed each reporting period
• The purchase cost of the LED Lights installed each month for each type of light
• The billing cost of the Contractor for the LED Lights installed each month for each type
of light
• The type and number of HPS lights removed each month
f) Exhibit C sets forth the amount of maintenance cost per LUD luminaire as included in the
Efficiency Lighting Tariff current as of the effective date of this Agreement. Since the Company does not
have any actual historic maintenance experience on its electric system in Colorado with respect to LED
Streetlights, Black Hills agrees to record and maintain actual maintenance expenses it experiences on the
LED Streetlights installed by the City. Black Hills further agrees to provide a copy of such records to the
City within thirty (30) days following the completion of a continuous twelve months' experience with the
new LED Lights, such period commencing upon written notice from the City that the replacement
installation contemplated under this Agreement has been completed. Following such twelve month initial
period, Black Hills agrees to furnish the LED maintenance records to the City upon request.
Additionally, whenever the maintenance cost attributed to LED luminaires changes in the future and new
LED rates are approved by the CPUC, Black Hills shall prepare a revision to Exhibit C based on the rates
approved by the CPUC and such revision(s) shall be substituted for the original Exhibit C hereto.
6. Relationship of the Parties. The relationship of Company to the City under this Agreement is
that of an independent contractor, and Company will not be deemed to be an employee, partner, or agent
of the City in connection with the provision of the Services by Company. Company will be solely
responsible for the payment of any employment - related costs, taxes or benefits in respect of the provision
of the Services to any subcontractor or employee retained by Company
7. Term. This Agreement shall remain in effect for a primary term of six year(s) from the date of
this Agreement.
8. Regulatory Authority. This Agreement is made and entered into subject to all present and
future policies, tariffs, rules and regulations, and orders issued by the Company, and /or regulatory
authorities with jurisdiction. Notwithstanding the foregoing, Black Hills agrees to propose to, and
support before. any regulatory authority having jurisdiction, LED street lighting tariffs applicable to the
City that conform to commitments and understandings set forth in paragraphs 5 d) and 5 e) hereof. If
provisions of this Agreement conflict with the tariffs as a result of a final PUC order, then the tariffs will
control. The General Terms and Conditions of the Company's existing electric tariff as approved by the
CPUC are incorporated by reference herein. Notwithstanding anything herein to the contrary, nothing
contained in this Agreement shall serve to limit or waive the City's right to object to streetlight tariffs
filed by Black Hills with the CPUC and the City fully reserves all rights to protest or object to such tariffs
and to participate fully in CPUC proceedings that address or may affect the Company's streetlight tariffs.
9. Cooperation, Information and Access. The parties will cooperate in good faith in all matters
related to the provision and receipt of the Services. Without limiting the foregoing, each party will
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provide to the other party, in a timely manner, all information and access to facilities required or
reasonably requested in connection with providing the Services. Company will exercise such rights of
access so as to avoid or minimize surface and subsurface damages where and when reasonably
practicable.
10. Indemnification. To the extent permitted by law, each party (the "Indemnitor ") shall indemnify,
defend and hold harmless the other party and its employees, agents, representatives, officers, directors,
shareholders, insurers, successors and assigns (collectively, the "Indemnitees ") from all claims, liabilities,
suits, proceedings, costs, and expenses, including reasonable attorneys' fees for any damage, injury,
death, loss or destruction of any kind, including but not limited to loss or damage to any property or
injury to or death of any person, including but not limited to personnel of Company, and /or City to the
extent such damage, injury, death, loss or destruction results or allegedly results from the negligence,
willful misconduct, breach of this Agreement or of any representation contained in this Agreement, on the
part of the Indemnitor or any of its agents, servants, representatives or employees, as adjudged under
comparative fault or similar rules. To the extent permitted by law, the obligations of one party (also an
"Indemnitor ") to indemnify the other party (also an "Indemnitee ") are subject to the following conditions
precedent: (i) Indemnitee must promptly notify Indemnitor in writing of any claim subject to
indemnification under this Agreement and provide Indemnitor with the information, assistance and
cooperation reasonably necessary to defend against any such claim; and (ii) Indemnitee must not make
any admissions without Indemnitor's prior written consent and must grant Indemnitor sole authority to
defend or settle such claim using legal counsel selected by Indemnitor in its sole discretion. No term or
condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of
the immunities, rights, benefits, protections, or other provisions of the Colorado Governmental Immunity
Act, C.R.S. 24 -10 -101, et seq. or the Federal Tort Claims Act, 28 U.S.C. 2671, et seq., as applicable now
or as hereafter amended.
11. Limitation of Liability. Neither party shall be liable to the other for any special, indirect or
consequential damages, including, without limitation, loss of profit, and loss of use, arising out of the
performance of this Agreement, irrespective of either party's fault or negligence.
12. General Provisions.
a) Company shall not be responsible for the acts or omissions of the City, contractor,
subcontractor or supplier, or of any contractor's agents or employees or any other person's (except
Company's own employees or contractors) furnishing or performing any work or services, the conditions
of any of the City's properties or facilities or for any decisions or interpretations of the City regarding the
City's properties and /or facilities.
b) Company is not responsible or liable for the condition of the City's properties and /or facilities
and the City shall indemnify and defend Company from any and all actions regarding the condition of the
City's properties and facilities. City is not responsible or liable for the condition of the Company's
properties and /or facilities and the Company shall indemnify and defend City from any and all actions
regarding the condition of the Company's properties and facilities.
13. Assignment. This Agreement shall be binding upon and inure to the benefit of the successors
and assigns of the parties hereto. Neither party shall assign this Agreement or its rights hereunder
without the prior written consent of the other party, which consent will not be unreasonably withheld or
delayed; provided, however, that either party may, without the need for consent from the other party (and
without relieving itself from liability under this Agreement), (a) transfer or assign this Agreement to an
affiliate of such party; or (b) transfer or assign this Agreement to any person or entity succeeding to all or
substantially all of the assets of such party by way of merger, reorganization or otherwise where the
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resulting entity has a creditworthiness at least equal to that of the assigning party prior to such
assignment; and provided further, that no such assignment pursuant to (a) or (b) above shall in any way
relieve the assignor from liability for full performance under this Agreement.
Notwithstanding the above, this Agreement shall be binding on all successors in interest to the Project and
any easements or other rights to enter upon or use the property of City shall be conditioned upon
compliance by Company with the terms hereof.
14. STATE - IMPOSED MANDATES PROHIBITING ILLEGAL ALIENS FROM
PERFORMING WORK
(a) At or prior to the time for execution of this Agreement (which may be referred to in this
section as this "Contract ") Company (which may be referred to in this section as "Contractor ") shall
submit to the Purchasing Agent of City its certification that it does not knowingly employ or contract with
an illegal alien who will perform work under this Contract and that the Contractor will participate in
either the "E- Verify Program" created in Public Law 208, 104` Congress, as amended and expanded in
Public Law 156, 108` Congress, as amended, that is administered by the United States Department of
Homeland Security or the "Department Program" established pursuant to §8- 17.5- 102(5)(c) C.R.S. that is
administered by the Colorado Department of Labor and Employment in order to confirm the employment
eligibility of all employees who are newly hired for employment to perform work under this Contract.
(b) Contractor shall not:
(I) Knowingly employ or contract with an illegal alien to perform work under this
contract;
(II) Enter into a contract with a subcontractor that fails to certify to Contractor that
the subcontractor shall not knowingly employ or contract with an illegal alien to perform work
under this Contract.
(c) The following state - imposed requirements apply to this contract:
(I) The Contractor shall have confirmed the employment eligibility of all employees
who are newly hired for employment to perform work under this Contract through participation in
either the E- Verify Program or Department Program.
(II) The Contractor is prohibited from using either the E- Verify Program or
Department Program procedures to undertake pre - employment screening of job applicants while
this Contract is being performed.
(III) If the Contractor obtains actual knowledge that a subcontractor performing work
under this Contract knowingly employs or contracts with an illegal alien, the Contractor shall be
required to:
A. Notify the subcontractor and the City's Purchasing Agent within three
(3) days that the Contractor has actual knowledge that the subcontractor is employing or
contracting with an illegal alien; and
B. Terminate the subcontract with the subcontractor if within three (3) days
of receiving the notice required pursuant to subparagraph (c)(III)A. above the
subcontractor does not stop employing or contracting with the illegal alien; except that
the Contractor shall not terminate the contract with the subcontractor if, during such three
(3) days, the subcontractor provides information to establish that the subcontractor has
not knowingly employed or contracted with an illegal alien.
(IV) The Contractor is required to comply with any reasonable request by the
Colorado Department of Labor and Employment (hereinafter referred to as "CDLE ") made in the
course of an investigation that CDLE is undertaking pursuant to its authority under §8 -17.5-
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102(5), C.R.S.
(d) Violation of this Section by the Contractor shall constitute a breach of contract and
grounds for termination. In the event of such termination, the Contractor shall be liable
for the City's actual and consequential damages.
(e) As used in this Section, the term "subcontractor" shall mean any subcontractor of
Company rendering services within the scope of this Agreement.
15. Equal Employment Opportunity. In connection with the performance of this Agreement,
neither Company nor its subcontractor(s) shall discriminate against any employee or applicant for
employment because of race, color, religion, gender, sexual orientation, national origin, disability or age.
COMPANY shall endeavor to insure that applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, gender, sexual orientation, national origin,
disability or age.
16. Notices.
Company: City:
Black Hills /Colorado Electric Utility Company, LP
d /b /a Black Hills Energy
Telephone: 719 -546 -6508 Telephone: 719 -553 -2722
Fax: 719 -562 -5479 Fax: 719 -553 -2723
Attn: Dave Atwood, Director Electric Operations Attn: Pepper Whittlef, Traffic Engineer
17. No Third Party Beneficiaries. This Agreement gives no rights or benefits to anyone other than
Customer and Company and has no third party beneficiaries.
18. Governing Law. This Agreement will be construed and enforced in accordance with the laws of
the State of Colorado, and each party hereby expressly consents to the jurisdiction of the courts of the
State of Colorado.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first
above written.
Black Hills/ Colorado Electric Utility Company, LP. City of '
d /b /a Black Hills Energy
. =.ter �
• L
By:
Title: 1/P OPIR4 T1WS BHE Title: President of City Council
Date: .11 S'FPT a2 (P13 Date: SPprQmhPr 9, 2011
Attested By:
TY CLERK
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STREET LIGHT REPLACEMENT AGREEMENT
Exhibit A
FEES
SERVICES
1. Black Hills will develop, in coordination with the City, a Inspection will include the loaded
specification for the various LED streetlight fixtures that will be cost of an inspector when
installed jointly with the City. installation crews are at work.
Company reserves the right to have
2. Black Hills will develop a list of desirable features for the LED an inspector working on this project
streetlight fixtures such as compliance with applicable industry any time that contract installation
standards, craftsmanship, serviceability, service life, warranty, crews are actively working on
consistent quality, performance, acceptable lead time, staging of streetlight installations. These costs
deliveries, acceptance of deliveries, and demonstrated successful large will be invoiced by Company to the
scale utility deployments with references. City based on its actual time,
transportation, and other expenses
3. Black Hills will participate in the Material Selection Committee. as they are incurred and agreed
upon with the City. Company will
4. Black Hills will assist the City with evaluating the completeness and provide time documentation
acceptability of the vendors' proposals with the LED streetlight fixture accounting with all invoices to the
specification. Black Hills agrees to install, at no cost to the City, the City. Cost will include the standard
samples of fixtures provided by the various vendors for evaluation. loadings that Black Hills applies to
billings for all electric utility
5. Black Hills will provide the City with information on the relative distribution work that is regulated
risks that may be associated with various vendors. by the Colorado PUC. This rate is
currently $99.56 per hour for
6. Black Hills will make a good faith effort to assist the City with regular working hours and will be
identifying the required special provisions of the bid documents for the adjusted annually. Overtime rates
installation of the LED streetlight fixtures but the exact scope of the would be incurred for after -hours
work is solely the responsibility of the City. work. City shall provide approval
for the overtime expense, unless
7. Black Hills will provide an employee responsible for day to day expense is related to an emergency.
coordination with the City's Contractor. The City is responsible for
managing this entire project. Black Hills will provide an estimate of Black Hills will charge the City a
Black Hills' costs that will be payable by the City for Black Hills work set fee for the cost of producing
that is required to support the LED Lighting Project. Engineering may maps and data records that are
include printing maps or inventories, processing data, verifying required by the City's installation
adequacy of equipment, and make ready surveys. Operations will contractor and for coordinating the
include executing hot line orders and other assistance from Black work with the City and the
Hills' line or substation personnel. Black Hills reserves the right to contractor.
have an inspector working on this project anytime that contract
installation crews are actively working on streetlight installations.
These costs will be invoiced by Company to the City based on actual
time, and other expenses above and beyond the scope of this project or
the current Street Light Agreement.
8. Black Hills will work with the City and their contractor to develop
procedures to assure proper numbering of Streetlight poles and
collecting data required for billing & mapping databases for the new
fixtures.
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EXHIBIT B
MONTHLY STREET LIGHT INSTALLATION REPORT
Monthly Report on LED streetlights purchased and installed by the City of Pueblo and
transferred to Black Hills
Reporting Period: through
The number of LED: Lights° installed each reporting period
Residential Arterial
The purchase cost of the LED Ligghts irstalled;each.month.for each type o f light
Residential Arterial
The billig cost'for the electrical:: ont
c fo the ` D Li ghts in stalled each'month for = . '
each t yp n e of light -°
Residential Arterial
Th type and num °of HPS light removed each`month
100 Watt 250 Watt
The ownership of the light fixtures installed as detailed above is transferred from the City of
Pueblo to Black Hills as a contribution in aid of construction.
: , Name: ". Title ,;._ {�.:
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EXHIBIT C*
BREAKOUT OF COMPONENT CHARGES INCLUDED IN BLACK HILLS'
"EMERGING ENERGY EFFICIENCY LIGHTING TECHNOLOGY OPTION" TARIFF
APPLICABLE TO LED STREET LIGHTS ( "LED OPTION TARIFF ")
Tariff Sheet Effective Date LED Monthly Monthly Total
No. Luminaire Maintenance Commodity Monthly
Cost Per (Energy) Cost Per
Luminaire Billed Per Luminaire
Luminaire
60a August 1, 2013 65 Watt $0.72 23 $3.05
kWh/mo.
60a August 1, 2013 140 Watt $0.72 60 $6.31
kWh/mo.
This Exhibit is to be revised and supplemented each time the CPUC approves a new LED
OPTION TARIFF for Black Hills Tariff Sheet No. 60a (or successor LED street lighting
tariff). LED Street Light options are subject to the same adjustments /riders as all other
lighting options served on Black Hills' Street /Security Lighting tariff (Rate Designation —
SSL-1.)
Revisions to Original Exhibit C:
Revision No. Date:
Revision No. Date:
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EXHIBIT D
INSURANCE COVERAGE REQUIREMENTS
1. Coverage. Contractor shall maintain at its sole cost and expense during the Term of this Agreement, with
insurers satisfactory to Black Hills and licensed to do business in the jurisdiction where Work is to be
performed, the minimum insurance coverage set forth in this Exhibit D.
1.1 Workers Compensation Insurance. Contractor shall maintain both workers compensation as
required under any workers compensation or similar law in the jurisdiction where the Work is
performed and Employers Liability insurance. Employers liability limits cannot be Tess than
$500,000 each accident for bodily injury by accident or $500,000 each employee for bodily injury
by disease. If Wyoming is the jurisdiction where the Work is performed and Contractor's
employees are subject to benefits under the Wyoming Safety and Workers Compensation
Division, a "Stop Gap" endorsement to the Commercial General Liability policy is acceptable in
lieu of Employers Liability Insurance.
1.2 Commercial General Liability Insurance. Contractor shall maintain commercial general liability
with a limit of not less than $1,000,000 each occurrence and $2,000,000 aggregate. The policy
shall cover liability arising from premises, operations, independent contractors, products -
completed operations, personal injury and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business contract).
Completed Operations coverage is to extend for two (2) years following the last to occur of the
following events: (i) termination of this Agreement; or (ii) termination of all outstanding Work.
1.3 Automobile Liability. Contractor shall maintain automobile liability with a limit of not less than
$1,000,000 each accident. Such insurance shall cover liability arising out of the use of any auto
including owned, hired, and non -owned autos.
1.4 Umbrella or Excess Liability Insurance. Contractor shall maintain umbrella or excess liability
insurance in excess of Employers Liability, General Liability and Automobile Liability with a
limit of not less than $5,000,000 per occurrence. Any aggregate limits on this policy shall not be
impaired as of the date the Contractor commences Work.
2. Policy Requirements. All policies, with the exception of workers' compensation insurance policies, shall
name Black Hills, its affiliates, officers, directors, shareholders, agents, employees, and representatives as
an additional insured and shall contain a severability of interest provision. All policies shall waive
subrogation. The insurance applies on a primary and non - contributory basis with respect to any other
insurance or self - insurance available to Black Hills. Any deductibles or self - insured retentions carried by
Contractor are the sole responsibility of Contractor. Any combination of primary and excess liability
insurance amounts shall be acceptable in order to satisfy the coverage requirements. Any combination of
primary and excess liability insurance amounts shall be acceptable in order to satisfy the coverage
requirements.
3. Evidence of Insurance. Prior to the commencement of Work and upon any change in insurers or material
change to policies, Contractor shall furnish Black Hills with a certificate of insurance executed by a duly
authorized representative of each insurer, showing compliance with the insurance requirements set forth
herein. Contractor shall deliver the certificate to the Administrative Representative.
4. Notice. Contractor shall provide a minimum of thirty (30) days advance written notice to Black Hills in
the event of cancellation, material change or non - renewal of the policy.
5. Subcontractors. Contractor shall require all Subcontractors to furnish the same insurance as required of
Contractor.
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