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Home My WebLink About2022-10-03 J01G_01 Conduit Purchase Agreement_SE Ashworth Rd_Mi-fiber. AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: October 3, 2022 AGENDA ITEM:Consideration of approval of a resolution approving Conduit Purchase Agreement, SE Ashworth Road [mi-fiber, LLC] FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: The City currently has excess conduit within the Public Utility Easement on the south side of SE Ashworth Road. The purchase of the excess conduit is intended only as a purchase of the conduit itself. mi-fiber, LLC does not purchase any rights in the real property, or the City’s PUE, in which the conduit is presently located. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: mi-fiber, LLC will pay the City of Waukee the sum of $27,345.53. COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the Resolution and Agreement. ATTACHMENTS: I. Resolution II. Conduit Purchase Agreement PREPARED BY: Beth Richardson REVIEWED BY: Rudy Koester RK PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: J1G1 THE CITY OF WAUKEE, IOWA RESOLUTION 2022- APPROVING CONDUIT PURCHASE AGREEMENT, SE ASHWORTH ROAD [MI- FIBER, LLC] 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, the City currently has excess conduit within its Public Utility Easement/ROW (the “PUE”) on the south side of SE Ashworth Road to accommodate the installation of fiber by utility companies; AND, WHEREAS, Mi-fiber, LLC desires to acquire from the City a conduit so that it may more easily and efficiently install its utility lines in the PUE adjacent to SE Ashworth Road, subject to, and in accordance, with its utility permit; AND, WHEREAS, the Council has determined that the Conduit Purchase Agreement, SE Ashworth Road with Mi-fiber, LLC is in the best interest of the City and the residents thereof. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council that the Conduit Purchase Agreement is hereby approved, and the Mayor and the City Clerk are authorized to execute the Agreement for and on behalf of the City. Passed by the City Council of the City of Waukee, Iowa, and approved this the 3rd day of October, 2022. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman Pierce R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair 1 CONDUIT PURCHASE AGREEMENT The City of Waukee, Iowa (hereinafter referred to as “City”) and mi-fiber, LLC (hereinafter referred to as “Utility Company”) enter into this Conduit Purchase Agreement (“Agreement”) on this the ____ day of ___________________, 20___. WHEREAS, the City currently has excess conduit within its Public Utility Easement/ROW (the “PUE”) on the south side of Ashworth Road to accommodate the installation of fiber by the Utility Company, among others; and WHEREAS, the Utility Company has applied and received a “Utility Permit” and its operations and/or installations within the City real Property interests, including but not limited to any City PUEs and ROW, is in accordance with the terms and conditions of any such Utility Permit and applicable local ordinances, as may be amended from time to time; and WHEREAS, Utility Company desires to acquire from the City some conduit so that it may more easily and efficiently install its utility lines in the PUE adjacent to Ashworth Road, subject to, and in accordance, with its Utility Permit; and WHEREAS, Utility Company understands that future expansions of the City’s public infrastructure, including, but not limited to, its streets, sewers, water mains, and gas lines, may create the need to have Utility Company’s Conduit relocated, at Utility Company’s cost and expense; and IN CONSIDERATION of the foregoing and for other good and valuable consideration, the parties agree as follows: 1)The City has two 2-inch excess conduit (ID# G, Orange marked conduit and ID # H, Orange with Blue Stripe; see Exhibit B) located approximately on the south side of Ashworth Road in the PUE commencing in the southwest quadrant of the intersection of SE Parkview Crossing Drive and SE Ashworth Road running to approximately the southeast quadrant of the intersection of SE Glacier Trail and SE Ashworth Road approximately 2,400 feet, refer to Exhibit A (hereinafter referred to as “Conduit”). The Conduit was installed as part of the City’s phased construction of SE Ashworth Road Corridor Improvements completed in 2021-2022. The trench excavation and backfill cost was borne by the City as part of its overall cost of the SE Ashworth Road Corridor Improvements. 2)Utility Company desires to purchase said Conduit on the south side of Ashworth Road within the City’s PUE. The purchase of the excess conduit is intended only as a purchase of the Conduit itself, Utility Company does not purchase any rights in the real property, or the City’s PUE, within which said conduit is presently located. Utility Company agrees that it shall pay unto the City, within thirty (30) days of the approval of this agreement by the City Council, the sum of $27,345.53. Upon receipt of said payment, the City does hereby transfer to Utility Company the Conduit but does not transfer any title in the Real Estate, PUE and/or ROW in which the Conduit is located. Utility Company’s use and occupancy of the City’s PUE is subject to and governed by separate Utility Permit issued to the Company and the terms and conditions of such permit and any and all applicable City ordinances. 2 3)Utility Company understands that the Conduit was installed recently and the Conduit has not been used by the City. The City understands that it is not possible for the Utility Company to inspect the underground conduit, so the Utility Company will not discover any breaks or problems until it installs its fiber optic cable. Therefore, the City and the Utility Company agree that the purchase of the Conduit shall be subject to a sixty (60) day LIMITED WARRANTY during which time the City shall reimburse Utility Company for any repair costs necessary to allow the Utility Company to use the Conduit. Alternatively, City and the Utility Company may mutually agree upon a partial refund of the Utility Company’s purchase payment based on the proportionate part of the Conduit that is not suitable for the fiber optic cable. Utility Company shall notify the City immediately upon the discovery of any portions of the Conduit that are not satisfactory for the Utility Company’s intended purpose. 4)Utility Company understands and agrees that the installation and maintenance of its utility lines in the conduit purchased by Utility Company pursuant to this Agreement shall be done by Utility Company separately, at its sole cost and expense. The Utility Company shall undertake the installation of its lines in said Conduit in coordination with the City of Waukee Public Works Department and in such a manner so as to not interfere with the City’s work in the area and so as to not interfere, disrupt or otherwise harm conduit/utilities already installed in said trenches. 5)Utility Company shall indemnify and save harmless the City from all claims, suits, losses, damages, costs or expenses on account of injury or damage to any person or property caused or occasioned in whole or in part by the existence of Utility Company’s facilities installed hereunder; provided, however, that Utility Company shall not be obligated to defend, indemnify and save harmless the City for any costs or damages arising from the negligence of the City, its officers, employees, or agents. 6)The Utility Company understands and agrees that it is only obtaining a personal property right in the Conduit and not a real property right in the land or PUE. The City retains all ownership and regulatory authority over its Public Utility Easement/ROW and nothing herein is intended to diminish or otherwise affect such rights or its authority, existing now or in the future. 7)Utility Company shall, at its cost and expense, locate and relocate its Conduit and installations in, on, over or under any easement, public right of way, highway, public street or alley in the City in such manner the City may at any time reasonably require for the purpose of facilitating the expansion, construction, reconstruction, maintenance or repair of a street, road or other public improvement or public infrastructure, existing now or in the future. 8)Utility Company shall construct, operate, and maintain its Conduit and utility lines installed hereunder and associated infrastructure in accordance with any and all applicable Federal, State and Local laws or regulations existing now or in the future including, but not limited to, the terms and conditions of its Utility Permit and the regulations governing the same. This agreement shall be considered a separate agreement to purchase Conduit only and is not intended to modify or otherwise effect the Utility Permit previously given, or to otherwise supersede or effect the Utility Company’s compliance with applicable law governing the use and occupancy of the utility company of the City’s rights of way. 3 9) Utility Company agrees to pay all reasonable attorneys’ fees incurred by the City in recovering any amounts owed to the City pursuant to this Agreement. {Signature Page To Follow} City of Waukee GIS 752.3 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Feet752.3 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 376.170 1:4,514 City of Waukee Exhibit B Schedule of Fees for mi-fiber, LLC Conduit Conduit Hand Hole Hand Hole Color Cost *Quantity Cost G mi-fiber, LLC 2 Orange 1,625 805 12,817.67$ 4 1,700.00$ 14,517.67$ H mi-fiber, LLC 2 Orange w/ Blue Stripe 1,631 805 12,827.87$ -$ 12,827.87$ * Trench install length is 1640' Total Cost Owed to the City 27,345.53$ Joint Trench - 2" HDPE LF 1.70$ Joint Trench - 4" HDPE LF 5.75$ Joint Trench Conduit Install LF 3.33$ Per conduit Joint Trench Conduit Bore LF 4.00$ Per conduit Hand Hole Install Only EA 425.00$ Hand Hole Type 1 EA 920.00$ Hand Hole Type 4 EA 1,525.00$ ID # Unit Total Cost Bid Item Owner Unit Costs Conduit Length Trenched (FT) Conduit Size (IN) Conduit Length Bored (FT)