HomeMy WebLinkAbout2022-10-03 J01G_02 Conduit Purchase Agreement_NW Douglas Pkwy_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, NW Douglas Parkway [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 NW Douglas Pkwy. 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 $11,826.64.
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:
J1G2
THE CITY OF WAUKEE, IOWA
RESOLUTION 2022-
APPROVING CONDUIT PURCHASE AGREEMENT, NW DOUGLAS PARKWAY
[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 NW Douglas Parkway 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 NW Douglas Parkway,
subject to, and in accordance, with its utility permit; AND,
WHEREAS, the Council has determined that the Conduit Purchase Agreement, NW Douglas
Parkway 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 NW Douglas Parkway 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 NW Douglas
Parkway, 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 one 2-inch excess conduit (ID# G, Orange marked conduit; see
Exhibit B) located approximately on the south side of NW Dougal Parkway in the PUE
commencing at the west Right of Way line of NW 10th Street and running to approximately the
east Right of Way line of NW 2nd Street, a distance of approximately 3,135 feet, refer to Exhibit
A (hereinafter referred to as “Conduit”). The Conduit was installed as part of the City’s phased
construction of NW Douglas Parkway completed in 2021 and 2022. The trench excavation and
backfill cost was borne by the City as part of its overall cost of the NW Douglas Parkway
Improvements.
2)Utility Company desires to purchase said Conduit on the east side of NW Douglas
Parkway 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 $11,826.64. 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}
SECTION 28
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HANDHOLE BANK 3
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HANDHOLE BANK 1
HANDHOLE BANK 2
JOINT UTILITY TRENCH
HANDHOLE BANK 4
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 3,128 8,226.64$ 3 3,600.00$ 11,826.64$
Total Cost Owed to the City 11,826.64$
Joint Trench - 2" HDPE LF 1.50$
Joint Trench - 4" HDPE LF 4.50$
Joint Trench Conduit Install LF 0.83$
Pull Rope LF 0.30$
Tracer Wire LF 0.60$
Hand Hole Install Only EA
Hand Hole Type 1 EA 1,200.00$
Hand Hole Type 4 EA 1,500.00$
ID #
Unit
Total Cost
Bid Item
Owner
Unit Costs
Conduit Length
(FT)
Conduit Size
(IN)