HomeMy WebLinkAboutGEORGIA POWER COMPANY UTILITY RELOCATION AGREEMENT (MARVIN GRIFFIN IMP PROJECT 323-04-29623603UTILITY RELOCATION AGREEMENT
Project Name: Marvin Griffin Road Improvements
Project Number: 323 -04- 296823603
PI #: L2588
City of "Augusta"
TRANSMISSION FACILITY RELOCATION
This AGREEMENT, made and entered into as of the 7 1 S� day of
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, 20 1Z, by and between the City of Augusta, State of Georgia (hereinafter referred to as the "City "),
and GEORGIA POWER COMPANY (hereinafter referred to as the "Company "). This Agreement may refer to
either City or Company, or both, as a "Party" or "Parties."
This Relocation Estimate is valid for 1 year from the date submitted and may be void if GPC and
"City /County" have not executed this Agreement within 1 year.
WITNESSETH:
WHEREAS, the City proposes under the above written Project to construct the "Marvin Griffin Road
Improvements" (Hereinafter referred to as the "Project "); and
WHEREAS, due to the construction of this Project, it will become necessary for the Company to remove,
relocate, or make certain adjustments to the Company's existing facilities (facilities includes electrical and
communications facilities and is referred to herein collectively as the "Facilities" or the "Facility "), in accordance
with the estimate One Hundred Sixty Thousand, Three Hundred Seventy dollars ($160,370) (the "Estimate "), a
copy of which estimate is attached hereto, and incorporated into this Agreement as Exhibit "A ". The Estimate is
limited: (a) to the costs of removing, relocating or adjusting those Facilities, which are physically in place and in
conflict with the proposed construction and /or maintenance, (b) where replacement is necessary, to the costs of
replacement in kind and such cost excludes the proportion of the costs representing improvement or betterment in a
Facility, except to the extent that such improvement or betterment is made necessary by the construction and/or
maintenance, and (c) to the costs incurred in acquiring additional easements or private rights of way, including,
without limitation, easements for lines, access, tree trimming, guy wires, anchors and other devices, appliances and
other equipment, and any and all other such easements and property rights as may be reasonably necessary for the
Company's installation, operation and maintenance of its Facilities. The proportion of the costs representing
improvement or betterment in a Facility while excluded from the Estimate, except to the extent that such
improvement or betterment is made necessary by the construction and /or maintenance, shall be shown on the
Estimate; and
WHEREAS, the Company has presented evidence to the City that it contends supports its claim that it
acquired property interests and utilized such property interests for the placement of its Facilities prior in time to
acquisition of the road right of way(s), all as involved in said Project; and
WHEREAS, the City agrees to bear one hundred percent (100 %) of the actual costs of said relocation
expenses, which is estimated to be One Hundred Sixty Thousand, Three Hundred Seventy dollars ($160,370),
subject to the City's reasonable approval (not to be unreasonably withheld) of the evidence presented by the
Company supporting its claim for prior rights, which may include any documents or information demonstrating the
location of the Facilities in relationship to those property interests, the relationship of those property interests to
current and previous road right -of -way, and any other information or documents reasonably required by the City to
verify the Company's claim, and subject to further City's reasonable approval (not to be unreasonably withheld)
should actual expenses exceed the Estimate; and
WHEREAS, the City will use its best efforts to make a determination regarding the Company's claim for
prior rights prior to the Company being required to commence the removal, relocation, or adjustment of its
Facilities, and shall provide its determination in writing along with the written support for any such determination.
If the City determines that the Company's presented information is insufficient to make a determination, the City
will provide the Company the basis for such insufficiency, and request that the Company provide additional
information. If a determination, however, cannot be made prior to the time the Company's Facilities need to be
removed, relocated, or adjusted in order for the Project not to be delayed (provided that the City certifies in writing
to the Company that such Project is time - sensitive due to construction scheduling with the possibility of damages for
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delay, safety concerns, or critical funding deadlines), the Company will remove, relocate, or adjust its Facilities
without a determination having been made and neither Party's rights, claims, or defenses with regard to the issue of
property interests, compensable interest or prior rights will be waived or affected in any manner. In such instance,
the City will make such determination regarding the Company's claim for prior rights no later than six (6) months
from the date of City's receipt of information sufficient for the City to make a determination (which determination
shall be in writing accompanied by written support) or otherwise the Company's claim for prior rights will be
deemed approved by the City.
NOW, THEREFORE, in consideration of the promises and the mutual covenants of the Parties hereinafter
set forth, the receipt and sufficiency of which are hereby acknowledged by the Parties, it is agreed:
Section 1. The Company, with its regular construction or maintenance crews and personnel, at its standard schedule
of wages and working hours (as may be applicable from time to time during this Agreement), and working in
accordance with the terms of its agreements with such employees, will make such changes in its Facilities as
previously agreed upon with the City. The Company may elect to contract any portion of the work contemplated.
Section 2. Prior to the Company commencing any of its removal, relocation or adjustment work, including
obtaining any easements, City will provide written assurances (including information on the property rights
acquired) to Company that it has acquired the necessary new road right -of -way.
Section 3. Upon the completion by the Company of the work contemplated herein, the City will pay the Company a
sum equal to the lesser of One Hundred percent (100 %) of: (a) the Company's actual cost of the total Project
relocation expenses or (b) the Estimate, subject to the reasonable acceptance by the City (not to be unreasonably
withheld) of the evidence presented by the Company supporting its claim for prior rights. Pursuant to the Franchise
Agreement (as defined below), in particular its Sections 4 and 8, the Company will exercise its rights to have the
City pay the Company its relocation costs associated with this Project.
Section 4. The City will neither be bound to pay any costs related to the Facilities' removal, relocation, or
adjustment which are in excess of the reimbursable portion of the Estimate, nor for any items of relocation work not
provided for in said Estimate, except as shall be specifically approved in writing by the City. In the event there is a
change in the Project, including, without limitation, a change in scope, design, plans, service, property interests to be
acquired or engineering, due to events or circumstances beyond Company's reasonable control, Company will notify
City of such change and the Parties will negotiate in good faith a mutually agreeable agreement or amendment to
this Agreement to address such change.
Section 5. The recitals set forth in the Whereas clauses of this Agreement are a material part of this Agreement and
binding upon the Parties hereto.
Section 6. The Company shall make a reasonable effort to provide signing and other traffic control measures during
construction as contemplated under this Agreement in accordance with PART VI of the U. S. Department of
Transportation Manual on Uniform Traffic Control Devices, current edition, all at the expense of the City.
Section 7. The covenants herein contained, including the covenants contained in the "Whereas" clauses hereto,
shall, except as otherwise provided, accrue to the benefit of and be binding upon the successors and assigns of the
Parties hereto.
Section 8. It is mutually agreed between the Parties hereto that this Agreement shall be deemed to have been
executed in Georgia.
Section 9.
9.1 The Parties agree they will in good faith share information with each other related to the issue of prior rights.
Should the Company disagree with the City's determination with regard to the Company's claim for prior rights
and if the Parties are unable to settle the issue through informal negotiations, then, at the request of either Party,
the Parties agree to escalate the matter pursuant to Section 9.2 below.
9.2 Except as otherwise set forth in this Agreement, any controversy or claim arising out of or relating to this
Agreement, or the breach thereof, will be settled: (a) first, by good faith efforts to reach mutual agreement of the
Parties; and (b) second, if mutual agreement is not reached within thirty (30) calendar days of a written request
by a Party to resolve the controversy or claim, each of the Parties will appoint a designated representative who
has authority to settle the dispute (or who has authority to recommend to the governing body a settlement of the
dispute) and who is at a higher level of management than the persons with direct responsibility for
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administration of this Agreement. The designated representatives will meet as often as they reasonably deem
necessary in order to discuss the dispute and negotiate in good faith in an effort to resolve such dispute. The
specific format for such discussions will be left to the discretion of the designated representatives provided,
however, that all reasonable requests for relevant information made by one Party to the other Party will be
honored if such information is reasonably available. If the Parties are unable to resolve issues related to the
dispute within thirty (30) days after the Parties' appointment of designated representatives or City's City
Council fails to approve any tentative agreement reached, the Parties agree to participate in non - binding
mediation pursuant to Section 9.3 below. It being understood, however, that nothing herein will diminish or
relieve either Party of its rights or obligations under this Section 9.
9.3 If the Parties are unable to resolve a dispute through informal negotiations or pursuant to Section 9.2, the Parties
agree to participate in non - binding mediation by an impartial, third party mediator mutually agreed upon by the
Parties, at a mutually convenient location, with each Party being responsible for its own attorneys' fees and
expenses and for providing its own information and documentation applicable to the dispute to such mediator.
The Parties agree that a potential mediator's experience in prior rights and real estate law will be relevant
factors in selecting a mediator. All other agreed upon costs of the mediation will be apportioned equally to each
Party. Any dispute not so resolved by negotiation, escalation or mediation may then be submitted to a court of
competent jurisdiction, and either Party may invoke any remedies at law or in equity. (Nothing contained
herein, however, will preclude the Parties from first seeking temporary injunctive or other equitable relief).
Section 10.
10.1 If the Company chooses to submit progress payments, the City will pay them within thirty (30) days from
receipt of the invoice, subject to Verification (as defined below) thereof by the City. Upon completion of
the work, the Company shall submit a final bill to the City and the City shall make a final payment within
thirty (30) days from receipt of the final bill, subject to Verification of the final bill by the City.
10.2 For purposes of this Section 10.1, "Verification" means that the City has reasonably determined that there
is a material discrepancy between the Company's invoiced charges and the City's calculation of charges
owed, which invoiced charges are subject to a bona fide dispute; provided, however, City agrees to provide
the Company with written notice, including supporting documentation, illustrating the basis for such bona
fide dispute, within sixty (60) days of receipt of the invoice in dispute. Should the City fail to provide such
documentation within the specified time period, the City must pay the disputed amount. The City must pay
any undisputed portion of the invoice total within thirty (30) days after its receipt of the invoice. The City
must pay any disputed portion of the invoice total within thirty (30) days of the date the dispute is resolved,
to the extent the dispute is resolved in favor of the Company.
10.3 At any time within thirty -six (36) months after the date of the final payment, the City, at its sole expense,
may audit the cost records, support documentation, and accounts of the Company pertaining to this Project
to solely assess the accuracy of the invoices submitted by the Company and notify the Company of any
amount of any unallowable expenditure made in the final payment of this Agreement, or, if no unallowable
expenditure is found, notify the Company of that fact in writing. Any such audit will be conducted by
representatives of the City or, if applicable, the Georgia Department of Transportation or the Federal
Highway Administration, after reasonable advance written notice to the Company and during regular
business hours at the offices of the Company in a manner that does not unreasonably interfere with the
Company's business activities and subject to the Company's reasonable security requirements. As a
prerequisite to conducting such audit, City or, if applicable, the Georgia Department of Transportation or
the Federal Highway Administration, will sign the Company's Nondisclosure Agreement. The Company
may redact from its records provided to City information that is confidential and irrelevant to the purposes
of the audit. The Company will reasonably cooperate in any such audit, providing access to the Company
records that are reasonably necessary to enable the City to test the accuracy of the invoices to which the
audit pertains, provided that the City or, if applicable, the Georgia Department of Transportation or the
Federal Highway Administration, may only review, but not copy, such records. If the Company agrees
with the audit results and does not pay any such bill within ninety (90) days of receipt of the bill from the
City (based on the mutually agreed upon audit results), the City may set off the amount of such bill against
the amounts owed the Company on any then - current contract between the Company and the City. If,
following the audit, the Parties are unable to resolve any dispute concerning the results of the audit through
informal negotiation, the provisions of Sections 9.2 and 9.3 will govern the resolution of the dispute. The
City may not perform an audit pursuant to this Agreement more frequently than once per calendar year and
may not conduct audits twice within any six (6) months.
Section 11. Duplicate originals of this Agreement will be executed, each of which will be deemed an original but
both of which together will constitute one and the same instrument. This Agreement may be modified only by an
amendment executed in writing by a duly authorized representative for each Party. This Agreement contains the
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entire agreement of the Parties and there are no oral or written representations, understandings or agreements
between the Parties respecting the subject matter hereof which are not fully expressed herein. This Agreement will
be governed by and construed in accordance with the laws of the State of Georgia.
[SIGNATURES ON THE FOLLOWING PAGE]
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IN WITNESS WHEREOF, this instrument has been and is executed on behalf of the DEPARTMENT OF
TRANSPORTATION and on behalf of the CITY OF AUGUSTA being duly authorized to do so by their
authorized representatives. The parties to those present have executed this Contract in TWO (2) counterparts,
each of which shall be deemed an original in the year and day first above mentioned.
ATTEST:
Treasurer U
ATTEST:
By:
Title:
Witness:
Not a y -J 1.) C
Give proper title of each person executing Agreement.
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Signed, sealed and delivered this day o ((,c( , 204,
1160 in the presence of
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BY:
NOTAR i' BLIC
ATT T:
a1%/ � r 4/J/11
MUNICIPA /C r RK
APPROVED AS TO FORM:
641401-kee
City Attorney
By:
Title:
Date:
(SEAL)
Attach seal as rt
GEORGIA POWER i OMPANY
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(SEAL)
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DORIS COOK
Notary Public
County, Georgia
My Comm. expires: AprN 15, 2015
Exhibit A
The Estimate
TEAMS Project
1314401
TMCRET40
Page: 1 of 2
Project Item:
PE: 6055 PE
Type Work:
Facility Name:
Nearest Town:
Description:
On feeders
three 6" conduits on each feeder from new structure and extend beyond gravel of fence on south side
of station. Also, relocate main gate east as far as possible and recess gate ten feet into
substation to give additional room for trucks to pull up and not extend into roadway.
On separate PE, make necessary fence adjustments for issues identified on NESC inspection.
NESC inspection performed by M.A. Kelly on 7/17/06. - JRB 091109
* *Design /Engineer note: Filed, completed NESC report and station drawings reflect NESC issues
corrected and completed. (Ron Urban_9 /22/09).
Discipline / Retirement Unit UM Quantity Material Labor Equipment
PLANT ADDITIONS
CONSTRUCTION (Estimator: EVERITT, DE)
BUSWORK -BAR AND ANGLE, ALUM FT
BUSWORK- CABLE, ALUMINUM
CONDUIT- PLASTIC (PVC)
FENCE, SUBSTATION AREA
FOUNDATION - LOW VOLTAGE
INSULATOR -POST 23 KV &BELOW
LA -12 KV & BELOW, DIST CLASS
SITE GROUND SYSTEM
STR- STEEL, LV, SECT,BAY,SUPP
SURFACING (STONE)
ENGINEERING (Estimator:
DIRECT ENGINEERING
PLAN & PROJ (Estimator:
DIRECT ENGINEERING
Sub -Total Additions
PLANT TRANSFER ADDITIONS
Discipline Total
Sub -Total Plant Transfer Additions
TOTAL PLANT ADDITIONS WITHOUT OVERHEADS
PLANT REMOVALS
CONSTRUCTION (Estimator: EVERITT, DE)
BUSWORK- CABLE, ALUMINUM FT
INSULATOR - STRAIN 10" DISC
LA -12 KV & BELOW, DIST CLASS
Sub -Total Removals
PLANT TRANSFER REMOVALS
Discipline Total
Sub -Total Plant Transfer Removals
TOTAL PLANT REMOVALS WITHOUT OVERHEADS
MAINTENANCE
CONSTRUCTION (Estimator: EVERITT, DE)
FENCES AND SPECIAL ENCLOSURES LT 1
Discipline Total
TOTAL MAINTENANCE
GEORGIA POWER COMPANY
ESTIMATED COST BY RETIREMENT UNITS
1314401 Version: Current
Item: FO
MODIFICATION WC
MARVIN GRIFFIN ROAD
AUGUSTA
N1902, N1962, N1892, N1882, install structures for underground feeder exits. Install
FT
FT
FT
EA
EA
EA
LT
EA
TN
Discipline
424
348
387
60
4
24
12
1
4
36
Total
URBAN, R)
LT 1
Discipline Total
URBAN, R)
LT 1
Discipline Total
EA
EA
Discipline
168
16
12
Total
7
2,366
2,382
1,581
960
814
909
248
800
7,457
504
18,021
253
253
0
0
18,274
18,274
0
0
0
0
0
0
0
0
15,152
19,351
6,149
661
12,397
8,364
5,554
1,764
3,141
422
72,955
0 0
0 0
0 0
0 0
Work Order:
Schd Const Finish Date: 09/26/2012
Originator: LAND,PARKER R
2,434
3,109
1,090
107
2,608
1,345
893
283
505
75
12,449
12,250 366
12,250 366
668
668
85,873
2,137
402
595
3,134
3,134
20
20
12,835
Date: 04/03/2012
Time: 10:38:22AM
0
0
85,873 12,835
342
64
96
502
502
0
0
3,134 502
0 79
0 7 9
0 79
Total
19,952
24,842
8,820
1,728
15,819
10,618
6,695
2,847
11,103
1,001
103,425
12,869
12,869
688
688
116,982
0
0
116,982
2,479
466
691
3,636
3,636
0
0
3,636
79
79
79
TMCRET40
Page: 2 of 2
Project Item:
PE: 6055 PE
Type Work:
Facility Name:
Nearest Town:
Plant Additions (Labor, Matl, Eqp)
Overheads
Plant Removals (Labor, Matl, Eqp)
Overheads
Original Cost Retired
GEORGIA POWER COMPANY
ESTIMATED COST BY RETIREMENT UNITS
1314401 Version: Current
Item: FO
MODIFICATION WC
MARVIN GRIFFIN ROAD
AUGUSTA
Plant Transfer Additions (Material Only)
Plant Salvage
Total PI CIAC
Plant Transfer Removal (Material)
ESTIMATE SUMMARY TOTALS
Total Plant Additions
Total Plant Removals
Total Cash Required
Total Maintenance Cost
* ** End of Report * **
8
116,982
38,758
155,740
3,636
915
4,551
0
0
0
160,291
79
14,015
0
Date: 04/03/2012
Time: 10:38:22AM
Work Order:
Schd Const Finish Date: 09/26/2012
Originator: LAND,PARKER R