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Home My WebLink About01-17-18-31/Duke Energy Indiana, LLC/1,730,175.89/Procurement Agreement for Phase I and III RelocationRESOLUTION NO. BPW 01-17-18-31 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY ACKNOWLEDGING RECEIPT OF CONTRACT WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana ("City"), is authorized to enter into contracts; and WHEREAS, pursuant to Indiana Code 36-4-5-3, the City's mayor may enter into contracts on behalf of the City; and WHEREAS, pursuant to his authority under Indiana law, the City's mayor, the Honorable James C. Brainard, has caused to be signed the City contract attached hereto as Exhibit A (the "Contract"); and WHEREAS, Mayor Brainard now wishes to present the contract to the City's Board of Public Works and Safety for it to be publicly acknowledged, filed in the Clerk -Treasurer's Office, and made available to the public for review. follows: NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as 1. The foregoing Recitals are incorporated herein by this reference. 2. The receipt of the Contract is hereby acknowledged. 3. The Contract shall be promptly filed in the office of the Clerk -Treasurer and thereafter made available to the public for review. i SO RESOLVED this VVk— day of U CIC , 2018. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: -� � James Brainard, Presiding Officer ATT stine Pauley, CI reastyy�er Date: // -1/18— SAE Bass\My Documents\BPW-Resolutions\2017\Acknowledge Duke Procurement Agteement.docxl/10/2018 9:58 AM PROCUREMENT AGREEMENT THIS PROCUREMENT AGREEMENT (hereinafter referred to as "Agreement") is entered into as of the 6th day of December, 2017 (the "Effective Date"), by and between Duke Energy Indiana, LLC, an Indiana limited liability company ("DEI"), and the City of Carmel Indiana, an Indiana municipality ("Carmel"). DEI and Carmel may be referred to hereinafter as a "Party" or collectively as "the Parties." RECITALS WHEREAS, Carmel and DEI are parties to that certain Phases I and III Transmission Relocation Agreement dated as of October 4, 2017 (the "Phase I and III Relocation Agreement") pursuant to which DEI has agreed to relocate certain overhead electric transmission facilities as defined in the Phase I and III Relocation Agreement (the "Phase I and III Facilities") at the request and cost of Carmel in accordance with the terms of the Relocation Agreement; and WHEREAS, the Parties anticipate signing a further relocation agreement for Phases II and IV ( the "Phase II and IV Relocation Agreement" and together with the Phase I and III Relocation Agreement, the "Relocation Agreements") which, with changes relating to the description of those Phases, will be identical to the Phase I and III Relocation Agreement and will address the relocation of additional overhead electric transmission facilities (the "Anticipated Facilities"); and WHEREAS, the Parties desire to enter into this Agreement to obtain the prior written approval of Carmel for DEI to procure the materials listed in Exhibit A attached hereto which are necessary to undertake the relocation of the Phase I and III Facilities and the Anticipated Facilities as contemplated under the terms of the Relocation Agreements (the "Materials") ; and NOW, THEREFORE, in consideration of the recitals, the mutual promises contained herein and the Relocation Agreements and other good and valuable consideration, the receipt and sufficiency of which the Parties acknowledge, the Parties, intending to be legally bound, stipulate and agree as follows: 1. The Materials. Carmel hereby approves the procurement by DEI of the Materials in accordance with the terms specified herein. 2. Procurement Process. DEI will procure the Materials using its normal procurement process which may include, without limitation, the utilization of existing master purchasing contracts with established vendors, the negotiation of a contract with a vendor chosen by DEI, the solicitation of bids through a request for proposal process or any other method chosen by DEI in the application of its business judgment. 3. Reimbursement. Carmel agrees to reimburse DEI for one hundred percent (100%) of the cost (including DEI's overhead and customary mark-up, if any apply) for the Materials. Without waiving any right to seek reimbursement from Carmel for the full costs of the Materials, DEI provides an initial estimate for the Materials in the amount of One Million, Seven Hundred Thirty Thousand, One Hundred Seventy Five and 89/100 US Dollars ($1,730,175.89) as itemized on Exhibit B attached hereto (the "Quote"). The Quote shall be paid by Carmel pursuant to Section 4 below. 4. Invoices. a. Pre -payment of Estimate. Within five (5) days from the execution of this Agreement by both Parties, DEI will invoice Carmel in the amount of the Quote to procure the Materials. Carmel shall remit payment to DEI within thirty (30) business days after its receipt of DEI's invoice for the estimated cost. b. Final Invoice. After receipt of each final Material invoice from DEI's supplier(s), DEI will invoice Carmel for the remainder of the Material costs if any remain outstanding. Carmel shall remit payment to DEI for any such final Material costs within thirty (30) days after its receipt of DEI's invoice. All invoices provided to Carmel shall include supporting documentation to substantiate the charges (including estimated charges) covered by the invoice. 5. Commencement of Procurement. DEI shall not commence to order the Materials until Carmel and DEI have executed this Agreement and DEI has received full payment from Carmel for the Quote as specified in Section 4(a) above. 6. Authorization of Funds. Upon execution by both Parties, this Agreement shall serve as written notice to DEI that Carmel has authorized procurement of the Materials and that funds are available to reimburse DEI for full cost to procure the Materials associated with the procurement in accordance with the requirements in the Relocation Agreements and as set forth in this Agreement. 7. Notices. All notices permitted or required under the Agreement shall be deemed given if hand delivered, sent by certified mail, return receipt requested, sent by Federal Express or another recognized overnight delivery service, or sent by facsimile (with transmission confirmed) and confirmed by first class mail, to the addresses listed below or the subsequent addresses of which the Parties give each other notice: To Duke Energy: Duke Energy Indiana, LLC Attn: Susan Lynn Evans 1000 East Main Street Plainfield, Indiana 46168 Email: Susan.Evans@duke-energy Copy to: Duke Energy Supply Chain Attn: Dave Holloway 1000 East Main Street Plainfield, Indiana 46168 Email: Dave. i-Iollowa 41dukc cnergy..cqLq To Cannel: City of Carmel, Indiana Attn: Jeremy Kashman, City Engineer One Civic Square Carmel, IN 46032 Copy to: City of Carmel, Indiana Attn: Henryy Mestctsky Executive llirector Carmel Redevelopment Commission 30 W. Main Street, Suite 220 Carmel, In 46032 City of Cannel, Indiana Attn: Mayor Brainard One Civic Square Cannel, IN 46032 City of Carmel, Indiana Attn: Corporation Counsel Douglas Haney One Civic Square Carmel, IN 46032 IN WITNESS WHEREOF, the Parties have caused the Agreement to be executed by their duly authorized representatives as of the date first above written. Dulce Energy Indiana, LLC By:,rx. Name: Melody Birmingham -Byrd Title: President Date: -19,-1-1q- City of Carmel, Indiana By: dl a Name: James Brainard' Title: Mayor �YyVlel CL Date: -g - y Exhibit A Material for 69kV Underground Cable The Material covered by this Procurement Agreement shall consist of the following: 69kV 2500 kcmil Cu XLPE, bonding and ground cable with associated accessories. Accessories include terminations, splice kits and link boxes. Exhibit B uote The estimate for the Materials shall be as follows: MATERIAL Description UOM Quantity Unit Price Total Price Notes 69 kV 2500 kcmil Cu XLPE ft 20283 $ 56.80 $ 1,152,074.40 Spare Cable Reel (2000 ft) ea 1 $ 122,500.00 $ 122,500.00 Outdoor Termination w/ Nema Pad ea 12 $ 3,914.70 $ 46,976.40 Outdoor Termination w/ Nema Pad, Spare, Packed for long term storage ea 1 $ 3,914.70 $ 3,914.70 Standard Splice Kit ea 6 $ 2,958.70 $ 17,752.20 Standard Splice Kit, Spare, packed for long term storage ea 1 $ 2,958.70 $ 2,958.70 Transition Splice Kit ea 6 $ 4,057.30 $ 24,343.80 Transition Splice Kit, Spare, packed for long term storage ea 2 $ 4,057.30 $ 8,114.60 Linkboxes, Earthing ea 6 $ 1,849.30 $ 11,095.80 Linkboxes, with SVLs ea 6 $ 2,480.00 $ 14,880.00 Bonding Cable lot 1 $ 6,259.30 $ 6,259.30 GCC ft 6,761 $ 6.50 $ 43,946.50 Clamping at Terminations lot 1 $ 10,998.00 $ 10,998.00 Grounding at Terminations lot 1 $ - $ - included in grounding and termination price The pull through vault at substation is estimated to require Racking in Manholes ea 5 $ 12,000.00 $ 60,000.00 racking also to support the cable Water Penetration Testing LOT 1 $ 15,550.00 $ 15,550.00 MATERIAL TOTAL $ 1,541,364.40 Stores - 11.5% $ 177,256.91 Cable + Accessories Working Stock - 5.1% $ 11,554.58 Total for Procurement Agreement $ 1,730,175.89