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HomeMy WebLinkAbout2024-07-15 I01F_01 O&M Services Agreement Amendment_USDIAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: July 15, 2024 AGENDA ITEM:Consideration of approval of a resolution approving Amendment to Agreement for Operations and Maintenance Services [Utility Safety and Design, Inc. (USDI)] FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: The City of Waukee and USDI entered into an agreement on October 5, 2020 to operate 14.5 miles of 8” epoxy coated, steel pipeline which will operate at pressures between 225 to 450 psig and connect to Northern Natural Gas’s pipeline. Additional services include watch & protect, emergency call-out, ROW maintenance and pipeline integrity. The amendment is for pipeline reclassification from transmission to distribution. This change lowered the annual fee $18,720.00. The amendment is for Article II, Section A.(2)(b): (b) for Services contracted on a Fixed Price basis as identified in Exhibit A.1 attached hereonto and incorporated herein by reference, Customer shall promptly pay USDI the amount shown in Exhibit A broken down into twelve monthly payments as agreed upon. For the first Contract Year of this Agreement the Operating Fee will be monthly five hundred-forty dollars ($540.00), due and payable on or before the Commencement and at the beginning of each month thereafter. Each subsequent payment of the Operating Fee will be due and payable on or before the beginning of each subsequent month during the term of this Agreement. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the Resolution. ATTACHMENTS: I. Resolution II. Second Amendment to Lease Agreement PREPARED BY: Beth Richardson REVIEWED BY: Tim Royer TLR THE CITY OF WAUKEE, IOWA RESOLUTION 2024- APPROVING AMENDMENT TO THE OPERATIONS & MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF WAUKEE, IOWA, AND UTILITY SAFETY AND DESIGN, INC. (USDI) IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, on October 5, 2020 (RES # 2020-363), the City entered into an Agreement for Operations and Maintenance Services; AND, WHEREAS, the agreement with Utility Safety and Design, Inc. (USDI) was to operate 14.5 miles of 8” epoxy coated, steel pipeline which will operate at pressures between 225 to 450 psig and connect to Northern Natural Gas’s pipeline. Additional services include watch & protect, emergency call-out, ROW maintenance and pipeline integrity; AND, WHEREAS, the Amendment to the Operations & Maintenance Services Agreement is for pipe reclassification from transmission to distribution; AND, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee that the Amendment to the Operations & Maintenance Services Agreement Between the City of Waukee, Iowa, and Utility Safety and Design, Inc. (USDI) is hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved the 15th day of July, 2024. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN R. Charles Bottenberg Chris Crone Rob Grove Anna Bergman Pierce Ben Sinclair 1 AMENDMENT of AGREEMENT This amendment is made to OPERATING AGREEMENT previously executed by and between Utility Safety and Design, Inc., hereinafter called “USDI" and City of Waukee, hereinafter called "CUSTOMER". It is mutually understood and agreed by and between the undersigned contracting parties to amend that previously executed agreement as follows: Article II, Section A.(2)(b) is changed effective July 1, 2024 to read: (b) for Services contracted on a Fixed Price basis as identified in Exhibit A.1 attached hereto and incorporated herein by reference, Customer shall promptly pay USDI the amount shown in Exhibit A broken down into twelve monthly payments as agreed upon. For the first Contract Year of this Agreement the Operating Fee will be monthly five hundred-forty dollars ($540.00), due and payable on or before the Commencement and at the beginning of each month thereafter. Each subsequent payment of the Operating Fee will be due and payable on or before the beginning of each subsequent month during the term of this Agreement. Exhibit A is changed effective July 1, 2024 to read: EXHIBIT A To the Operations & Maintenance Services Agreement Dated July 1, 2024 Between City of Waukee And Utility Safety and Design, Inc. SCOPE OF SERVICES 1. The following services shall be provided for the fixed fee of $6,480.00 per annum: Operator will operate Owner’s Facilities consisting of 14.5 miles of eight (8) - inch epoxy coated, steel pipeline which will operate at pressures of between 225 and 450 psig connected to Northern Natural Gas pipeline (all as more particularly defined in the Operating Agreement) Schedule of O&M Requirements covered under the “Operating Fee”: Record Keeping Ongoing monthly (twelve times per year) Odorizer Fill Twice per year (Odorant additional charge) 2 49 CFR §192.465 Cathodic Protection Survey Once per year 49 CFR §192.615 Public Liaison Once per year 2. Additional Services:  Marking Locates Requests  Watch & Protect  Emergency Call-out  ROW maintenance  Pipeline Integrity testing  State Audit  Plan & Manual Reviews/Updates (DIMP)  Leak Survey  Public Awareness Mailings  Valve Inspection & Maintenance  Relief Inspections & Maintenance  Regulator Inspections & Maintenance  Patrols  Atmospheric Corrosion Survey  Odorant Intensity Check  HCA Survey & House Survey  Continuing Surveillance Rates for tasks performed but not covered under the “Operating Fee” will be billed as time and material work. The billing rates for labor will be charged commencing at the time Operator’s employee or contractor leaves their current location, office or home. The billing rates for labor and equipment shall be Operator’s current billing rates. Updated rates shall be provided to Owner at beginning of each calendar year. Materials will be charged at cost plus 25%. 3. The rates for services identified in Section B of this Exhibit A and for other Services that may be requested by Customer or required by the state or federal government, but not otherwise described in Sections A or B of this Exhibit A shall be provided at the current USDI Utility Retainer Rates. All other terms and conditions that are not hereby amended are to remain in full force and effect. 3 IN WITNESS WHEREOF, the parties hereto have executed this Amendment to be effective as set forth above. Operator By: Name: _______________________________ Title: _______________________________ Owner By: Name: ________________________ Title: _________________________