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HomeMy WebLinkAboutContribution in Aid of Construction Agreements - Two Agreements for Supply and Installation of Electrical – Indiana Michigan Power Co.1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS August 25, 2020 Mr. Toby L. Thomas American Electric Power I & M CIAC — IMPC 20 PO Box 60 Fort Wayne, IN 46801-2604 RE: Contribution in Aid of Construction Agreements Dear Mr. Thomas: PHONE 574/235-9251 FAx 574/ 235-9171 The Board of Public Works, at its meeting held on August 25, 2020, approved the above referenced two (2) agreements for the supply and installation of electrical transformers at the Wastewater Treatment Plant buildings in the amount of $25,792.09 for the Reuse Water Building; and $42,981.25 for the Compressor Building for a total amount of $68,773.34. Enclosed please find the original of the agreement for your signature. Please sign and return the original agreement to 11zc isle; >soLi ; lien ;iri,,gg. , Please retain a copy for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, s/Linda M. Martin, Clerk Enclosure GARY A. GILOT ELIZABETH A. MARADIK THERESE J. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR INTER -OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF ENGINEERING TO: Members of the Board of Public Works Clara McDaniels, Assistant City Attorney Public Works Linda M. Martin, Clerk FROM: Jacob M. Klosinski, Assistant City Engineer SUBJECT: Contribution -in -Aid of Construction Agreement with American Electric Power / Indiana Michigan Power to Supply and Install Electrical Transformers at Wastewater Treatment Plant (Two Separate Agreements attached) DATE: August 3, 2020 The Department of Public Works and Division of Engineering request the Board of Public Works approval of a Contribution -in -Aid of Construction Agreement with American Electric Power / Indiana Michigan Power for the supply and installation of new electric utility transformers in concert with Project No. 117-132 Wastewater Treatment Plant Electrical Improvements. Agreement 1 American Electric Power will supply electrical primary feed and transformer for the Reuse Water Building at the Wastewater Treatment Plant. Total Cost: $25,792.09 Agreement 2 American Electric Power will supply electrical primary feed and transformer for the Compressor Building at the Wastewater Treatment Plant. Total Cost: $42,981.25 Total Cost for Agreement 1 and Agreement 2: $68,773.34 Funding for this work will be out of either Sewage Works Operations Wastewater Repairs and Building Maintenance Account (641-06-605-514-436001) D F O P R-00002584 For questions regarding the above recommendation or the subject project, contact Jacob M. Klosinski (Ext. 9496) at the Division of Engineering. Indiana Michigan Power Company - IN Contribution -In -Aid -Of -Construction Agreement For Electric Distribution Service Contract #: DWMS00000489786 Work Request # 71308045 Date: 7/1/2020 Customer Name: City of South Bend Waste Water Treatment Tariff: Service Address 3113 Riverside Dr. Mailing: 3113 Riverside Drive South Bend, IN South Bend, IN 46628 Project Description: The Customer has requested the installation of electric distribution facilities ;hereinafter referred to as "Basic Service") as follows: Provide upgraded service to Compressor Building as part of the Waste Water Treatment Plant's Improvement Project. Indiana Michigan Power Company - IN (hereinafter referred to as "Company") agrees to install 3Ph Primary, Pad Transformer and Metering. Customer agrees to the following: > Provice site access to Company Crews. > Form and pour concrete Pad that Transformer will sit on per Company Specs. > Install Conduit (concrete encased) per Company Specs. > Construct new servie per NEC and have inspected by Local Inspecting Authority. 1. Customer Revenue Credit - Customer hereby agrees that the following electrical load and/or housing units will be installed A) within three (3) months from completion of extension unless stated otherwise in the comments above; or B) within six (6) years from completion of extension if customer is developing a subdivision or manufactured housing park. NUMBER OF SUBDIVISION LOTS 0 NUMBER OF LOTS USED TO DETERMINE REVENUE 0.00 House Size Base Load Geothermal & ASHP(# units) Resistance & ETS(# units) IF AOHP (# units) COMMERCIAL / INDUSTRIAL Demand kW Monthly kWH Load Factor o Based on the customer's preceding representation, the Company estimates the 2-1/2 year revenue to be $0.00. Customer agrees to pay to the Company the potentially refundable amount of $0.00, which is the difference between the Company's cost of installing the necessary facilities and the estimated revenue credit. In addition, the customer agrees to pay a non-refundable amount of $42,981.25, for any work requested that exceeds what is required to provide adequate service. Total amount due including both the refundable and the non-refundable amount is $42,981.25 Payment shall be made prior to the start of Company's construction of facilities. 2. Recalculated Revenue - If the customer has not installed or contracted for the installation of the electric equipment as stated in paragraph 41, then the Company shall recalculate the estimated revenue. If the recalculated revenue is less than the Company's cost of facilities, then the customer shall, within thirty (30) days of receiving an invoice from the Company, pay to Company as aid to construction, the difference between the estimated revenue and the Company's cost of the facilities. The fact that the customer may no longer be associated with or have a property interest in the project served under this agreement does not release the customer from this obligation. 3. Customer Refund - If the customer made an aid to construction payment, then the customer shall, after the number of services used in the original revenue calculation has been installed, receive a refund for any additional permanent customers utilizing the same line extension within six (6) years from completion of the extension. Refunds will be made for each additional permanent customer equal to 2-1/2 times the estimated annual revenue, less the estimated cost of service drop or laterals and metering equipment required to serve the new permanent customer(s). The total of all refunds or allowances shall not exceed the total payment made by the customer. Refunds will be made once customer has notified the Company of any new customers that are added to this extension. 4. Underground Service a. The customer shall provide, at no cost to the company, the necessary right of way for the underground electric service and shall make the right of way accessible to the company's equipment. The owner shall remove all obstacles, grade the right of way to within 4" of finished grade, and provide continuing access to the Company for expansion, operation, and maintenance of all electric service facilities.Seeding and restoration or replacement of all trees, shrubs,and landscaping,shall be the responsibility of the customer. b. The Company may provide the necessary excavation, trenching and backfill and shall install the electrical conductors and related facilities. The customer may elect to do all trenching and backfill in order to reduce company charges for installing underground service. All trenching and backfill must be done in accordance with Company specifications. c. Where abnormal site or soil conditions are found to exist after Contribution -In -Aid -Of Construction Agreement For Electric Distribution Service has been accepted, the customer shall pay those charges resulting from the abnormal conditions which are in excess of the original customer payment. d. The customer hereby agrees to install an approved electric service entrance of sufficient capacity for present requirements of the building to be erected on the property. Service shall normally terminate on the building exterior at a location suitable to the Company. Service entrance capacity shall be as indicated on the Contribution -In -Aid -Of -Construction Agreement For Electric Distribution Service. e. The customer shall coordinate the installation of underground electric facilities with other utilities and services to permit efficient completion of Company's work, unimpeded access to the installation site, and installation of underground facilities at proper depth to avoid accidental dig -ins or other installation problems. f. Customer understands that in order for Company to perform the above described work, Company (and/or its contractor) may be required to excavate, dig, bore or bring large, heavy equipment onto the property. This presents a danger to hidden underground structures/facilities. It is the customer's responsibility to locate and/or expose all privately owned structures/facilities located within the proposed work area. The Company (and/or its contractor) will not assume responsibility for damage to water lines, drain tiles, septic systems, etc., that have not been properly identified and/or exposed by the customer. Customer understands that all facilities installed by the Company will be and remain property of the Company. The Company expressly retains the right to use said lines and equipment for any purpose which Company deems advisable, including the distribution of electric service to other customers. Other utilities may have lines and/or equipment that utilize Company's pole or other facilities.Company is not responsible for the installation, relocation or removal of lines and/or equipment owned by other utilities at this location. Each utility is responsible for its own equipment and the time it takes to install, remove or relocate it. Any fees charged by other utilities are the responsibility of the customer, not the Company. The customer is responsible for contacting the other utilities and making arrangements with them for any work that must be done to facilitate this contract. Nothing herein contained shall be construed as a waiver or relinquishment by Company or any right it has or may hereafter have to discontinue service for or on account of default in the payment of any bill owing or to become owing thereunder or for any reason or cause stated in the Company's Tariff. It is agreed and understood that, if Customer alters the terms of this Agreement, it may be voided at the discretion of the Company. It is further understood and agreed that should circumstances, on the part of either the Company or the customer, delay rendering service beyond 90 days after this Agreement is signed, the terms of this agreement may be renegotiated at the request of either party. The quoted price and terms set forth in this Contribution -In -Aid -Of -Construction Agreement For Electric Distribution may be withdrawn if not accepted before 07/31/2020 Terms of this agreement begin upon Company's completion of the line extension Binding Authority - The individual executing this Agreement hereby warrants to the Company that he or she has full authority to do so and has authority to bind the customer. Customer agrees to accept above desribed terms and conditions and further agrees that the Company shall not be liable for any claim of loss, injury, or damage, caused by the installation of service to the customer or for work on behalf of customer under this Agreement except that which results from the negligence of the Company. CUSTOMER USE: COMPANY USE: August 25 2020 Date: IDate: HOARD 01" PUBLIC WORKS Gary A. Gilot, President n Elizabeth A. Maradik, Member Joseph R. Molnar, Member lberese J. Dorau. Member T-,(_h Jordan V. Gathers, Member Al PEST: ocin"Id ct6flvf Print Name: Accepted By: Title: Linda M. Martin, Clerk PLEASE >> Please remit To: Invoice No: American Electric Power DETACH >> I&M CIAC - IMPC 20 Company No: PO Box 60 Contract No: STUB >> Fort Wayne, IN 46801-2604 Customer No: Date: AND » Amount Due: Bill To: City of South Bend Waste Water Treatment RETURN >> 3113 Riverside Drive WITH >> South Bend, IN 46628 Amount Remitted: PAYMENT Contract No: DWMS00000489786 Date: 7/l/2020 PRO FORMA 170 DWMS00000489786 11059676 7/l/2020 42,981.25 Invoice No: Customer No: 11059676 Work Request #: 71308045 Description Quantity UOM Init Amt Net Amount Provide upgraded service to 1.0 EA 42,981.25 42,981.25 Compressor Building as part of the Waste Water Treatment Plant's Improvement Project. Amount Due: 42,981.25 Payment Options: 1. Check: Send payment and top section of this Pro -Forma to the address shown above. 2. For ACH/Wire Transfer or Credit card payments, contact CIAC clerk to obtain an invoice number prior to attempting payment: Phone # 260-408-3594 a. ACH/Wire Transfer - Send Funds toffndiana Michigan Power Citibank, N.A. New York ABA/Routing #: 021000089 Account #: 00034403 b. Credit Card: i. Visa, Mastercard or Discover only ii. Transactions are limited to $1,500.00 per card per transaction iii. Contact FiSery directly after receiving your invoice number from CIAC clerk 866-270-7946 or www.aepmiscreceivables.com *** No work will be scheduled until payment has cleared *** ** Contact CIAC clerk with any billing related questions ** Indiana Michigan Power Company - IN Contribution -In -Aid -Of -Construction Agreement For Electric Distribution Service Contract #: DWMS00000489784 work Request # 71366405 Date: 7/1/2020 Customer Name: City of South Bend Waste Water Treatment Tariff: Service Address 3113 Riverside Dr. Mailing: 3113 Riverside Drive South Bend, IN South Bend, IN 46628 Project Description: The Customer has requested the installation of electric distribution facilities (hereinafter referred to as "Basic Service") as follows: Provide upgraded service to Re -Use Building as part of Waste Water Treatment Plant's Improvement Project. Indiana Michigan Power Company - IN (hereinafter referred to as "Company") agrees to install new 3Ph Primary, Pad Transformer and Metering. Customer agrees to the following: > Provide site access for Company Crews. > Form and pour concrete Pad that Transformer will sit on per Company Specs. > Install Conduits (concrete encased) per Company Specs. Construct new Service per NEC and have inspected by Local Inspecting Authority. 1. Customer Revenue Credit - Customer hereby agrees that the following electrical load and/or housing units will be installed A) within three (3) months from completion of extension unless stated otherwise in the comments above; or B) within six (6) years from completion of extension if customer is developing a subdivision or manufactured housing park. RESIDENTIAL NUMBER OF SUBDIVISION LOTS 0 NUMBER OF LOTS USED TO DETERMINE REVENUE 0.00 House Size Base Load [Geothermal& SHP(# units) Resistance & ETS(# units) AOHP (# units) COMMERCIAL / INDUSTRIAL Demand kW Monthly kWH Load Factor % Based on the customer's preceding representation, the Company estimates the 2-1/2 year revenue to be $0.00. Customer agrees to pay to the Company the potentially refundable amount of $0.00, which is the difference between the Company's cost of installing the necessary facilities and the estimated revenue credit. In addition, the customer agrees to pay a non-refundable amount of $25,792.09, for any work requested that exceeds what is required to provide adequate service. Total amount due including both the refundable and the non-refundable amount is $25,792.09 Payment shall be made prior to the start of Company's construction of facilities. 2. Recalculated Revenue - If the customer has not installed or contracted for the installation of the electric equipment as stated in paragraph 41, then the Company shall recalculate the estimated revenue. If the recalculated revenue is less than the Company's cost of facilities, then the customer shall, within thirty ;30) days of receiving an invoice from the Company, pay to Company as aid to construction, the difference between the estimated revenue and the Company's cost of the facilities. The fact that the customer may no longer be associated with or have a property interest in the project served under this agreement does not release the customer from this obligation. 3. Customer Refund - If the customer made an aid to construction payment, then the customer shall, after the number of services used in the original revenue calculation has been installed, receive a refund for any additional permanent customers utilizing the same line extension within six (6) years from completion of the extension. Refunds will be made for each additional permanent customer equal to 2-1/2 times the estimated annual revenue, less the estimated cost of service drop or laterals and metering equipment required to serve the new permanent customer(s). The total of all refunds or allowances shall not exceed the total payment made by the customer. Refunds will be made once customer has notified the Company of any new customers that are added to this extension. 4. Underground Service a. The customer shall provide, at no cost to the company, the necessary right of way for the underground electric service and shall make the right of way accessible to the company's equipment. The owner shall remove all obstacles, grade the right of way to within 4" of finished grade, and provide continuing access to the Company for expansion, operation, and maintenance of all electric service facilities.Seeding and restoration or replacement of all trees, shrubs,and landscaping,shall be the responsibility of the customer. b. The Company may provide the necessary excavation, trenching and backfill and shall install the electrical conductors and related facilities. The customer may elect to do all trenching and backfill in order to reduce company charges for installing underground service. All trenching and backfill must be done in accordance with Company specifications. c. Where abnormal site or soil conditions are found to exist after Contribution -In -Aid -Of Construction Agreement For Electric Distribution Service has been accepted, the customer shall pay those charges resulting from the abnormal conditions which are in excess of the original customer payment. d. The customer hereby agrees to install an approved electric service entrance of sufficient capacity for present requirements of the building to be erected on the property. Service shall normally terminate on the building exterior at a location suitable to the Company. Service entrance capacity shall be as indicated on the Contribution -In -Aid -Of -Construction Agreement For Electric Distribution Service. e. The customer shall coordinate the installation of underground electric facilities with other utilities and services to permit efficient completion of Company's work, unimpeded access to the installation site, and installation of underground facilities at proper depth to avoid accidental dig -ins or other installation problems. f. Customer understands that in order for Company to perform the above described work, Company (and/or its contractor) may be required to excavate, dig, bore or bring large, heavy equipment onto the property. This presents a danger to hidden underground structures/facilities. It is the customer's responsibility to locate and/or expose all privately owned structures/facilities located within the proposed work area. The Company (and/or its contractor) will not assume responsibility for damage to water lines, drain tiles, septic systems, etc., that have not been properly identified and/or exposed by the customer. Customer understands that all facilities installed by the Company will be and remain property of the Company. The Company expressly retains the right to use said lines and equipment for any purpose which Company deems advisable, including the distribution of electric service to other customers. Other utilities may have lines and/or equipment that utilize Company's pole or other facilities.Company is not responsible for the installation, relocation or removal of lines and/or equipment owned by other utilities at this location. Each utility is responsible for its own equipment and the time it takes to install, remove or relocate it. Any fees charged by other utilities are the responsibility of the customer, not the Company. The customer is responsible for contacting the other utilities and making arrangements with them for any work that must be done to facilitate this contract. Nothing herein contained shall be construed as a waiver or relinquishment by Company or any right it has or may hereafter have to discontinue service for or on account of default in the payment of any bill owing or to become owing thereunder or for any reason or cause stated in the Company's Tariff. It is agreed and understood that, if Customer alters the terms of this Agreement, it may be voided at the discretion of the Company. It is further understood and agreed that should circumstances, on the part of either the Company or the customer, delay rendering service beyond 90 days after this Agreement is signed, the terms of this agreement may be renegotiated at the request of either party. The quoted price and terms set forth in this Contribution -In -Aid -Of -Construction Agreement For Electric Distribution may be withdrawn if not accepted before 07/31/2020 Terms of this agreement begin upon Company's completion of the line extension Binding Authority - The individual executing this Agreement hereby warrants to the Company that he or she has full authority to do so and has authority to bind the customer. Customer agrees to accept above desribed terms and conditions and further agrees that the Company shall not be liable for any claim of loss, injury, or damage, caused by the installation of service to the customer or for work on behalf of customer under this Agreement except that which results from the negligence of the Company. CUSTOMER USE: COMPANY USE: August 25 2020 Date: IDate: BOARD OF PUBLIC WORKS Gary A. (plot, President n I ,4vJ— u � Elizabeth A. Maadik, Member Joseph R. Molnar, Member Therese J. Doran, Member Jordan V. Gathers, Member ATTF,ST: �.`'ixda` GZTatktt Linda M. Martin, Clerk Print Name: Accepted By: Title: PLEASE >> Please remit To: Invoice No: American Electric Power DETACH >> I&M CIAC - IMPC 20 Company No: PO Box 60 Contract No: STUB >> Fort Wayne, IN 46801-2604 Customer No: Date: AND » Amount Due: Bill To: City of South Bend Waste Water Treatment RETURN >> 3113 Riverside Drive WITH >> South Bend, IN 46628 Amount Remitted: PAYMENT Contract No: DWMS00000489784 Date: 7/l/2020 PRO FORMA 170 DWMS00000489784 11059676 7/l/2020 25,792.09 Invoice No: Customer No: 11059676 Work Request #: 71366405 Description Quantity UOM Init Amt Net Amount Provide upgraded service to Re -Use 1.0 EA 25,792.09 25,792.09 Building as part of Waste Water Treatment Plant's Improvement Project. Amount Due 25,792.09 Payment Options: 1. Check: Send payment and top section of this Pro -Forma to the address shown above. 2. For ACH/Wire Transfer or Credit card payments, contact CIAC clerk to obtain an invoice number prior to attempting payment: Phone # 260-408-3594 a. ACH/Wire Transfer - Send Funds toffndiana Michigan Power Citibank, N.A. New York ABA/Routing #: 021000089 Account #: 00034403 b. Credit Card: i. Visa, Mastercard or Discover only ii. Transactions are limited to $1,500.00 per card per transaction iii. Contact FiSery directly after receiving your invoice number from CIAC clerk 866-270-7946 or www.aepmiscreceivables.com *** No work will be scheduled until payment has cleared *** ** Contact CIAC clerk with any billing related questions ** BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date Augusst 3, 2020 Department Name Jacob M. Klosinski En2ineerin2/Utilities BPW Date August 11, 2020 Phone Extension Ext. 9496 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer ❑ Officer Name Michael Patton BPW Attorney ❑ Attorney Name Clara McDaniels Dept. Attorney ❑ Attorney Name Clara McDaniels Purchasing ❑ Michael Schmidt Check the Appropriate Item Type — Reuirec or All Submissions ❑ Professional Services Agreement ❑ Contract ❑ Proposal ❑ Open Market Contract ❑ Amendment/Addendum ❑ Special Purchase, QPA ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Reject Bids/Quotes ❑ Proposal Opening ❑ C/O & PCA No. ❑ PCA ❑ Chg. Order, No. ❑ Traffic Control ❑ Resolution N Other: Utility Agreement n Ease./Encroach Company or Vendor Name New Vendor MBE/WBE Contractor Proj ect Name Project Number Funding Source Account No. Amount Terms of Contract Information American Electric Power / Indiana Michigan Power ❑ Yes[_] If Yes, Approved by Purchasing ® No E] MBE ❑ WBE Completed E-Verify Form Attached ❑❑ Neos Wastewater Treatment Plant Electrical Improvements 117-132 Sewage Works Operations, Repair and Building Maintenance Accounts 641-06-605-514-436001 (PR-00002584) Agreement 1 $25,792.09; Agreement 2 $42,981.25; Total $68,773.34 Lum Sum Purpose/Description The Division of Engineering requests the Board of Public Works approve two (2) Contribution -in -Aid of Construction Agreements with American Electric Power / Indiana Michigan Power for the supply of electrical transformers at the Wastewater Treatment Plant Com ressor Building and Re -use Building. For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount $ Increase % Current Percent of Change: Decrease ( %) New Amount $ Increase % Total Percent of Change: Decrease ( %) Time Extension Amount: New Completion Date: