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HomeMy Public PortalAbout2022.06.09 Relocation Agreement-State StreetInternal Use Only UTILITY RELOCATION COST AGREEMENT State Street (from Forest to W. Lake Street) Overhead Relocation and Conversion to Underground – Summer 2022 THIS AGREEMENT (“this Agreement”) made and entered into this 9th day of June 2022, by and between the City of McCall 216 E. Park Street, McCall, ID. hereinafter referred to as the “the City”, and IDAHO POWER COMPANY, hereinafter referred to as the “Company”. PURPOSE: It is requested for the Company to perform utility relocation of some, or all of its facilities located in or about the construction area to accommodate the Project. This Agreement sets out the terms by which the Utility Relocation will occur, and how costs incurred by the Company shall be reimbursed to the Company by the City. THE PARTIES, in consideration of the mutual promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, agree as follows: DEFINITIONS: 1. Project – The work defined by the plans and specifications developed by Idaho Power and the City of McCall for the project identified by the City as “State Street (from Forest to W. Lake Street) Overhead Relocation and Conversion to Underground – Summer 2022” attached hereto as Exhibit A. Utility Relocation – Modification in place, relocation or reconstruction of Company facilities to accommodate the Project. TERMS: 1. Property Rights A) The City will reimburse the Company for the Cost of Utility Relocation. B) Prior to the Utility Relocation, the City will; reimburse the Company for costs incurred in securing new easements or property rights outside the Project right-of-way; or (2) provide sufficient space within the current or expanded Project right-of-way, for the new location of the Company’s facilities as shown on the Project Drawings. 2. Relocation or Modification of Company Facilities DocuSign Envelope ID: F97EA359-DAFE-483C-A320-FBE02C11D831 Internal Use Only A) The Company shall arrange for all labor, materials, and equipment, including survey services, necessary for the completion of Utility Relocation as shown on the Project Plans. B) Utility Relocation may either be done with Company forces and equipment or by a contract awarded by the Company. (C) The Company shall furnish to the City detailed plans, specifications, and estimates of cost. The City acknowledges that such plans, specifications, and estimates of cost represent the Company’s current plans and estimates; however, they are subject to change without penalty to the Company. The Company will communicate any material changes to the plans, specifications and estimates of cost to the City on a timely basis. (D) The Company shall furnish a work schedule, including dates for begin and end of work, to the City prior to the start of Utility Relocation. This work schedule is to include any activities or work required by the City necessary for the completion of Utility Relocation. Revised work schedules are to be furnished to the City when requested. The parties understand that the Work Schedule represents the Company’s current good faith estimate for its relocation work for the Project, but the Work Schedule is subject to change, and the Company will have no liability to the City for changes to the Work Schedule. The Company will communicate any material changes to the Work Schedule to the City on a timely basis. The Company shall not commence Utility Relocation prior to issuance of a Public Works Permit from the City. (E) The Company shall notify the City 48 hours prior to start of Utility Relocation. (F) The Company shall notify the City in writing of the date when Utility Relocation is completed. (G) The City must issue a Public Works Permit to the Company (or its designated contractor) authorizing work to commence within the City ROW and/or property prior to any construction activities. 3. Estimated Cost, Submission and Payment of Billings A) The City will reimburse the Company for the actual cost of Utility Relocation. The estimated Cost of Utility Relocation (“Estimated Cost”) is $512,189.00. The parties recognize and agree that the Estimated Cost is provided solely for budgeting purposes, may be greater or lesser than the actual Cost of Utility Relocation, and is not binding on either party. Copies of the data and information upon which the Estimated Cost is based are attached hereto as Exhibit B. B) The Company shall submit a final bill to the City for reimbursement of the total Cost of Utility Relocation within one hundred twenty (120) days after completion of the work. All billings shall include supporting documentation substantiating the cost of Utility Relocation. DocuSign Envelope ID: F97EA359-DAFE-483C-A320-FBE02C11D831 Internal Use Only C) The City shall pay progress billings within forty-five (45) days and final billing within ninety (90) days after receipt of the bills. All payments are subject to the findings of a final audit by the City. D) Reference to the Project Number(s) shall be indicated on all bills, correspondence, and records pertaining to this Project. 4. Disposal of Materials The City shall be afforded a reasonable opportunity to inspect materials recovered by the Company prior to disposal by sale or scrap. Upon written request by the City, the Company shall notify the Highway Authority of the time and place where the material will be available for inspection. 5. City of McCall and Company Contact Persons A) The Company is to submit billings, documents and coordinate all Utility Relocation activities through the City’s contact person of: Nathan T. Stewart, P.E. McCall Public Works Director, City Engineer 216 E. Park Street, McCall, ID 83638 The City may change its contact person by notifying the Company in writing. B) The City is to coordinate all Utility Relocation activities through the Company’s contact person of: Ethan Morgan Idaho Power Company 1221 W. Idaho St. Boise, ID 83702 (208) 388-6510 The Company may change its contact person by notifying the City in writing. 6. Choice of Law and Severability A) This Agreement is governed by the laws of the State of Idaho. If a term of this Agreement is determined to be illegal by competent authority, it will not invalidate the remaining terms of this Agreement. DocuSign Envelope ID: F97EA359-DAFE-483C-A320-FBE02C11D831 DocuSign Envelope ID: F97EA359-DAFE-483C-A320-FBE02C11D831 Internal Use Only Exhibit A – Project Plans DocuSign Envelope ID: F97EA359-DAFE-483C-A320-FBE02C11D831 DocuSign Envelope ID: F97EA359-DAFE-483C-A320-FBE02C11D831 DocuSign Envelope ID: F97EA359-DAFE-483C-A320-FBE02C11D831 DocuSign Envelope ID: F97EA359-DAFE-483C-A320-FBE02C11D831 Internal Use Only Exhibit B – Cost Estimate 2022 estimate for ACA Labor & Equipment estimate $ 290,348.00 Material $ 181,841.00 Engr/PM/Inspect. $ 25,000.00 Other $ 15,000.00 Total $ 512,189.00 DocuSign Envelope ID: F97EA359-DAFE-483C-A320-FBE02C11D831