HomeMy WebLinkAbout18- Reimbursement Agreement - NorthWestern Corporation dba NorthWestern Energy - Power Pole Relocation at Baxter and North 27th NorthWestern
Energy
NWE-0001089
REIMBURSEMENT AGREEMENT
This Re' bu ent Agreement ("Agreement"), made and entered into effective as of the
day of y by and between City of Bozeman, a municipality organized under the
laws of the State of Montana (hereinafter referred to as "City"),with principal mailing address of
PO Box 1230, Bozeman, MT 59771-1230, and NorthWestern Corporation d/b/a NorthWestern
Energy,a Delaware corporation (hereinafter referred to as"NorthWestern"),with an office at 11
E. Park St., Butte, MT 59701.
WHEREAS, City is improving and widening its Baxter Lane Corridor between North 19tn
Avenue and Davis Lane; and
WHEREAS, NorthWestern owns and operates a 161 kV and 50KV power lines that are
attached to power poles that are located on the north side of the Baxter Lane Corridor, two of
which are in conflict with the improvements of the Baxter Lane Corridor and are identified as
Pole# 005-048,and 005-049 (hereinafter referred to as "the Power Poles"); and
WHEREAS, City has requested that NorthWestern replace the Power Poles and enter into
an agreement providing for such replacement and reimbursement,and NorthWestern agrees to
bill on the actual costs for this work when completed.
NOW,THEREFORE,the parties agree as follows:
1. NorthWestern shall replace the Power Poles located at the intersection of Baxter Lane
and Thomas Drive to eliminate the conflicts with the 161kV and 50KV transmission lines. The
Power Poles, described as a 73-ft 6-in steel base plate pole (intersection of Baxter Lane and
Thomas Drive) and an 80ft steel direct-bury pole (east of Thomas drive), in the existing pole
location.
NorthWestern may employ third-party contractors to perform any work hereunder.
2. NorthWestern shall provide City a plan for replacing the Power Poles which includes
preliminary engineering and cost estimates prior to performing the work hereunder. No
relocation work will be performed until the parties have agreed on the replacement plan.
3. City shall reimburse NorthWestern 100% of the actual costs and expenses incurred in
connection with the relocation contemplated by this Agreement,within 30 days of receipt of an
invoice from NorthWestern.
4. NorthWestern shall make reasonable efforts to relocate the Power Poles by September
28th, 2018, subject to this Agreement being fully executed on or before August 10th, 2018, the
acquisition of materials,and the timely receipt of all applicable governmental and environmental
permits or licenses. With the exception of the respective indemnification obligations of
NorthWestern and the City, this Agreement will terminate upon completion of the relocation of
the Power Poles and satisfaction of the reimbursement obligations set forth in Paragraph 5.
5. The cost of the relocation work is estimated by the parties to be $291,305.00 (the
"Estimate"). It is understood that this Estimate in no way constitutes the final reimbursement
amount as provided in Paragraph 3 above.Actual costs and expenses include,but are not limited
to, planning, design, materials, labor, contract, auto-mechanical equipment, and engineering
costs in connection with accomplishing the relocation contemplated by this Agreement.
NorthWestern shall provide an invoice to City after the completion of the work contemplated by
this Agreement. All payments based upon this final invoice detail of costs shall be made within
30 days of the date of receipt by City of the invoice.
6. NorthWestern shall comply with applicable laws during the performance of the
relocation of the Power Poles at the Baxter Lane Corridor.
7. NorthWestern shall have a policy to provide equal employment opportunity in
accordance with all applicable state and federal anti-discrimination laws, regulations, and
contracts. NorthWestern shall not refuse employment to a person, bar a person from
1
NorthWesteni
Energy
NWE-0001089
employment, or discriminate against a person in compensation or in a term, condition, or
privilege of employment because of race, color, religion, creed, sex, age, marital status, national
origin, actual or perceived sexual orientation, gender identity, physical or mental disability,
except when reasonable demands of the position require an age, physical or mental disability,
marital status, or sex distinction. NorthWestern shall require these nondiscrimination terms of
its subcontractors fulfilling NorthWestern's obligations under this Agreement.
8. NorthWestern agrees to indemnify, protect, and hold City, and its officers, employees,
representatives and agents harmless from and against any and all third party actions or causes
of action, claims, demands, liabilities, loss, damage, injury, suit, proceeding, judgment, cost, or
expense of whatever kind or nature, including but not limited to reasonable attorneys' fees,
arising from or as a result of any negligent incident,act,action or omission of said NorthWestern,
in connection with, or incidental to the relocation of Power Poles except to the extent such loss,
cost,liability, or expense was proximately caused by the negligence of City or its employees.
City agrees to indemnify,protect, and hold NorthWestern and its directors, officers, employees,
representatives and agents harmless from and against any and all third party actions or causes
of action, claims, demands, liabilities, loss, damage, injury, suit, proceeding, judgment, cost, or
expense of whatever kind or nature, including but not limited to reasonable attorneys' fees,
arising from or as a result of any negligent incident,act,action or omission of City,in connection
with, or incidental to the relocation of the Power Poles except to the extent such loss, cost,
liability,or expense was proximately caused by the negligence of NorthWestern or its employees.
The indemnifications obligations herein survive the expiration or termination of this Agreement.
This Agreement shall inure and be binding upon the successors and assigns of the parties
hereto. If any portion of this Agreement is held to be void or unenforceable, the balance will
continue to be effective. This Agreement may be executed in counterparts, which together
constitute one instrument.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and
year first above written.
"City" "NorthWestern"
City of Bozeman NorthWestern Corporation d/b/a
NorthWestern Energy
9
BY oa-- By--
Name Arwl rea ! ui r� Name 1 t l
Title Gi kin P.✓ Title
2
/
I�•ri'. o- . I - �: '�� Y1 � �t9 1,4�u -f.n'��y� � 1 I'.' _45
y ti I ,6 r r rid
I
_- ��`, - `►� �l•' �!ram �� � �.�y.` � � y�'�,.
_.. _ .�
i All
?� ern . , � _ • P �.�•r...Y ,�,�tw•r,.r
.• �t� OAS_., ,'f�li�