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HomeMy WebLinkAboutC4221655.Salt River Project - Design and Construction Fees - signed Highly Confidential - SRP Payment Data PAYMENT OPTIONS FOR DESIGN AND CONSTRUCTION FEES ELECTRONIC CHECK Please call us at 602-236-0777 and we can take your payment over the phone Monday through Friday from 7:00am to 5:00pm. You will need to have your bank account, bank routing number and must be an authorized signer on the bank account. Please email your signed contract to: SRPCONTRACT@srpnet.com MAIL Please mail your signed contract and invoice along with a check or money order to: Distribution New Business Payment/XCUT330 Salt River Project P.O. Box 52025 Phoenix, AZ 85072-2025 OVERNIGHT DELIVERY Please overnight your signed contract and invoice along with a check or money order to: Salt River Project Distribution New Business Payment/ISB107 1600 N Priest Drive Tempe, AZ 85288 WIRE TRANSFER - Please include your Job Name and Job Number for identification purposes. Please email your signed contract to: SRPCONTRACT@srpnet.com You may wire transfer directly to: JP Morgan Chase ACH ABA# 122100024 Wire ABA# 021000021 Account # 000005688 Distribution Design & Construction Contract Customer Construction Services SRP XCT-320 P.O. Box 52025 Phoenix, AZ 85072-2025 Contract #: Issue Date: 4221655 03/28/2024 ATTN: ROBERT DURHAM TOWN OF FOUNTAIN HILLS 16705 E AVENUE OF THE FOUNTAINS FOUNTAIN HILLS, AZ 85268-3815 SRP Contact: Contact Phone: Contact Fax: Michael Larance 602-236-2065 Salt River Project Agricultural Improvement and Power District, an agricultural improvement district organized and existing under the laws of the State of Arizona (SRP), and TOWN OF FOUNTAIN HILLS (Customer) enter into this contract (Contract) for the design and construction of electrical facilities for the following Customer project (Project): Project:PANORAMA DR PU REVAMP Work Order #:T3458923 Location:12515 N PANORAMA DR PU, FOUNTAIN HILLS, AZ 85268 Design Group:CDSE Comments:NEW 100A COMMERICAL SERVICE CIAC Fee:$31,285.93 This Contract includes the attached Terms and Conditions and describes the general obligations of SRP and Customer. Any changes, amendments, or modifications to this Contract must be in writing and signed by both parties. Customer understands that SRP will not begin design services until Customer signs and returns this contract and pays the Contribution in Aid of Construction (CIAC) fee above. If the job is cancelled or Customer fails to diligently proceed to completion (as described below), the portion of the CIAC fee that was not used (if any) may, at SRP’s discretion, be refunded. Upon completion of the design services, SRP shall provide Customer a set of design drawings for the Project, which will contain construction details. Additional fees, if applicable, will be billed separately under an Addendum to this Contract signed by both parties. SRP shall not be required to perform inspections or begin any construction or installation work on the Project until Customer (i) accepts the design drawings by signing them, (ii) pays SRP the CIAC fee, and (iii) provides to SRP a copy of a deed or deeds evidencing ownership of all of the real property that is encompassed within or will be affected by the Project (the Real Property). If the deed(s) show that Customer is not the sole owner of all of the Real Property, Customer shall provide written documentation acceptable to SRP that establishes Customer’s authority to act on behalf of each of the other owners in connection with the Project before SRP will begin any construction or installation work under this Contract. If Customer is unable to provide such documentation, and as a result SRP is required to modify its designs for the Project, Customer shall be responsible for paying in advance the estimated additional costs of the redesign work. SRP may terminate this Contract if Customer fails to satisfy all Real Property-related conditions within forty-five (45) days, or if Customer fails to hold a preconstruction meeting with SRP within ninety (90) days after SRP provides the design drawings to Customer, or if Customer fails to commence actual construction of the SRP facilities within sixty (60) days after preconstruction meeting. SRP may also terminate this Contract if, in SRP’s determination, Customer is not actively constructing the SRP facilities for the Project. SRP’s delivery of this Contract to Customer constitutes an offer to perform the design and construction services on the terms and conditions set forth in this Contract. Customer may accept this offer by signing this Contract (with no additions, deletions, or modifications) and returning it to SRP with the CIAC fee, payable by check or money order. This offer shall expire if Customer has not signed and returned this Contract to SRP with the CIAC fee on or before 06/26/2024. If Customer changes the Project, or if there is any change to the information regarding the Project provided by Customer and relied upon by SRP, SRP will charge Customer and Customer shall pay for any additional costs incurred by SRP, including but not limited to redesign and engineering costs. Such costs may be retained by SRP from any funds previously collected from Customer, or billed directly to Customer, as appropriate. Customer understands and agrees to the terms and conditions of this Contract. The undersigned represents and warrants that he or she has the authority to sign this Contract on behalf of Customer. For Customer: Authorized Signature:Date: Printed Name:Title: For SRP: Authorized Signature:Date: Printed Name:Ruben Luna Title:Project Leader Contract #: 4221655 Page: 1 of 2 Issue Date: 03/28/2024 Rachael Goodwin (Apr 16, 2024 08:10 PDT) Rachael Goodwin Rachael Goodwin 04/16/2024 Town Manager Town Clerk Terms and Conditions 1. The existing applicable SRP Rules and Regulations, as they may be amended or revised from time to time by SRP, and all terms and conditions thereof, are adopted and incorporated herein by reference as part of this Contract. The Rules and Regulations can be found at www.srpnet.com and are on file at the principal offices of SRP. 2. SRP shall construct all electric facilities up to the point(s) of delivery, including any connections to electric, in accordance with the SRP Rules and Regulations and SRP construction specifications and practices. 3. Customer shall timely provide SRP all drawings and data requested by SRP that are pertinent to the design of the Customer Project. SRP shall review such drawings and data for compatibility with SRP facilities and shall have sole discretion in determining whether the Customer facilities may be used with SRP's facilities. 4. Before SRP begins construction, Customer shall provide SRP all requested easements, including any easements required from third parties, for SRP to access and maintain the electric facilities installed under this Contract, using SRP’s standard form(s) of easement. Customer understands and agrees that SRP shall have no obligation to provide electric service to the Project unless and until Customer has provided all such easements. Customer, at all times, shall permit SRP to access and maintain any SRP electric facility on Customer property. 5. Customer shall require that any construction work performed by Customer or its contractor or subcontractor shall be in accordance with national and local building and safety codes, the SRP Electric Service Specifications and construction drawings, and the Electric Utility Service Entrance Requirements Committee. 6. Customer shall secure all required State, County, and local permits and approvals. 7. Unless otherwise agreed in writing by SRP, Customer shall perform, at Customer’s sole expense, all trenching, provision and installation of conduit, backfilling and surveying with property pins, and grade stakes (Customer Work). All Customer Work shall conform to SRP’s standards. Customer shall forward all results of survey to SRP for review and approval. Upon Customer’s request, SRP may provide survey services for the Project under a separate written agreement. 8. SRP shall not be responsible for, and Customer shall indemnify, defend, and hold harmless SRP and members of its governing bodies, its officers, agents, and employees, for, from, and against any and all claims, demands, suits, costs of defense, attorneys’ fees, witness fees of any type, losses, damages, injuries, expenses, and liabilities (Claims) arising out of or relating to (a) Customer’s performance of the Customer Work, including without limitation Claims arising out of the performance of Customer Work on property not owned by Customer, and (b) damage to SRP facilities caused by Customer or its contractors. Customer’s obligation under this Section shall extend to defend and indemnify SRP when SRP, members of its governing bodies, its officers, agents, and/or employees are allegedly concurrently negligent with Customer, its employees, and/or agents, but shall not extend to any liability caused by the sole negligence of SRP. 9. Prior to SRP’s installing any electric facility, the Customer shall install all water and sewer facilities and backfill. Customer shall not install any curb, sidewalk, paving, or any conflicting foundation within the development boundaries until SRP completes the installation of the electric facilities. Customer shall and hereby does release SRP from any loss, damage, liability, cost, or expense incurred by Customer arising out of (i) any delay by SRP in performing or completing its work or inspecting any Customer Work or (ii) any loss or damage to any installation prohibited by this Section 9, even if such damage was caused by the negligent or intentional act or omission of SRP. 10. Customer shall permit SRP to inspect, at any time, any Customer provided facility. Any inspection by SRP shall not be deemed an approval of any Customer provided facility or a waiver by SRP of any right to enforce strict compliance with the terms and conditions of this Contract. 11. Customer, upon demand, shall reimburse SRP for the costs of relocation of facilities found to be installed at the wrong location or grade due to Customer requested changes in property lines, easement grade, and/or errors in staking, trenching, or survey. 12. If Customer’s load grows to a total coincident demand of 6,740 kVA or greater, but less than 11,800 kVA, the load will be served from at least one dedicated SRP feeder circuit or a substation dedicated to serve only Customer. Any dedicated feeder circuit(s) or substations shall be provided by SRP at the sole expense of Customer. 13. This Contract shall be interpreted, governed by and construed in accordance with the substantive and procedural laws of the State of Arizona, without regard to conflicts of law principles. SRP and Customer agree that any action, suit, or proceeding arising out of or relating to this Contract shall be initiated and prosecuted in a state or federal court of competent jurisdiction located in Maricopa County, Arizona, and the parties irrevocably submit to the jurisdiction and venue of such court. To the fullest extent permitted by law, SRP and Customer hereby irrevocably waive any and all rights to a trial by jury and covenant and agree that neither will request a trial by jury, with respect to any legal proceeding arising out of or relating to this Contract. 14. The title to all work performed by SRP, or performed by Customer at SRP’s request and accepted by SRP, shall remain with SRP at all times. 15. Customer shall meet with an SRP inspector before construction begins. The meeting may be scheduled by calling (602) 236-0676 West Valley, (602) 236-6300 East Valley, (602) 236-0887 Central Valley. 16. Security deposits for electrical service may be required. Please call (602) 236-8833 at least thirty (30) days prior to the meter-set need date. Contract #: 4221655 Page: 2 of 2 Issue Date: 03/28/2024 For Questions Contact:SRPCONTRACT@SRPNET.COM ROBERT DURHAM FOUNTAIN HILLS TOWN OF 16705 E AVENUE OF THE FOUNTAINS FOUNTAIN HILLS AZ 85268-3815 USA REVAMP-PANORAMA DR 12515 N PANORAMA DR PU FOUNTAIN HILLS AZ 85268 USA Service Address: Construction-CIAC - Construction-CIAC Special Instruction: DESGN AND CONST CONT 4221655/ BA 787105003/ NEW 100A COMMERICAL SERVICE Invoice Reference: T3458923.EV Itm Material Description Qty Price Per Unit UOM Amount T 10 CIAC 1 $ 31,285.93 EA $ 31,285.93 Subtotal State Tax County Tax City Tax Freight Total Due $ $ $ $ $ $ 31,285.93 0.00 0.00 0.00 0.00 31,285.93 Due Date: 06/26/2024 Invoice Date: 03/28/2024 Invoice Number: 6000115694 Customer Number: 100758 Net Amount Due: $ 31,285.93 TEAR OFF BELOW PORTION AND RETURN WITH CHECK TO Salt River Project ---------------------------------------------------------------------------------------------------------------------------------------------------------------------- Please send checks to: Salt River Project PO Box 2953 Phoenix, AZ 85062-2953 Please send Wires/ACH to: ACH ABA#122100024 Wire ABA#021000021 Account#000005688 Invoice Number: 6000115694 Customer Number: 100758 Net Amount Paid: $___________________________ Page 1 of 1