HomeMy WebLinkAbout2023-06-19 I01G_02 Conduit Purchase Agreement_Internet Consulting Svcs.
AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: June 19, 2023
AGENDA ITEM:Consideration of approval of a resolution approving Conduit Purchase
Agreement, NW 10th Street [Internet Consulting Services, LLC]
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON: The City currently has excess conduit within the Public
Utility Easement on the west side of NW 10th Street. The purchase of the excess conduit is intended
only as a purchase of the conduit itself. Internet Consulting Services, 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: Internet Consulting Services,
LLC will pay the City of Waukee the sum of $58,503.50.
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:
I1G2
THE CITY OF WAUKEE, IOWA
RESOLUTION 2023-
APPROVING CONDUIT PURCHASE AGREEMENT, NW 10th STREET
[INTERNET CONSULTING SERVICES, 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 (the
“PUE”) on the west side of NW 10th Street to accommodate the installation of fiber by utility
companies; AND,
WHEREAS, Internet Consulting Services, 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 10th
Street, subject to, and in accordance, with its utility permit; AND,
WHEREAS, the Council has determined that the Conduit Purchase Agreement for the Joint
Utility Trench along NW 10th Street with Internet Consulting Services, 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 19th day of
June, 2023.
____________________________
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
CONDUIT PURCHASE AGREEMENT
The City of Waukee, Iowa (hereinafter referred to as "City")and Internet Consultins
Services LLC (hereinafter referred to as ('Utility Company") enter into this Conduit Purchase
Agreement ("Agreement") on this the 12th day of June 2023
WHEREAS, the City cunently has excess conduit within its Public Utility
Easement/ROW (the "PUE") on the west side of NW 1Oth Street 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 1Oth Street,
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 OTY I 2-inch excess conduit (ID# H,Orange w/ Blue Stripe
marked conduit; see Exhibit B) located approximately on the west side of NW 1Oth Street in the
PUE commencing at the north Iowa DOT Right of Way of US HWY 6 and running to
approximately the south property line of NW Douglas Parkway approximately 5,100 feet, refer
to Exhibit A (hereinafter referred to as "Conduit"). The Conduit was installed as part of the
City's phased construction of NW 10th Street completed in2020. The trench excavation and
backfill cost was borne by the City as part of its overall cost of the NW 1Oth Street
improvements.
2) Utility Company desires to purchase said Conduit on the west side of NW lOth
Street 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 $58,503.50. 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 andlor ROW in
which the Conduit is located. Utility Company's use and occupancy of the City's PUE is subject
to and govemed by separate Utility Permit issued to the Company and the terms and conditions
of such permit and any and all applicable City ordinances.
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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 notiff 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 indemnif,'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 I Itility Company's facilities
installed hereunder; provided, however, that Utility Company shall not be obligated to defend,
indemni$' and save harmless the City for any costs or damages arising from the negligence of
the City, its ofhcers, 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 goveming the same.
This agreement shall be considered a separate agreement to purchase Conduit only and is not
intended to modifr 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.
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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}
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By
UTIL
THE CITY OF WAUKEE, IOWA
By
: Internet Consulting Services LLC.Cfu
Name: Matt Bueltel - CEO
Title: CEO
STATE OF IA )
COUNTY OF l/o-X') SS.
on this /L (* *fona 2043 ,before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Matt Bueltel, to me personally known,
who being by me duly sworn, did say that the person is the CEO of Utility Company Internet
Consulting Services LLC, and that the instrument was signed on behalf of said Utility
Company by authority of its Board; and that said person acknowledged the execution of the
foregoing instrument to be the voluntary act and deed of the Utility Company
Consulting Services LLC. by it voluntarily
otary Public in and State of
My Commission expires "/- z
By:
Courtney Clarke, Mayor Tim Moerman, City Administrator
STATE OF IOWA
COLINTY OF DALLAS
On this day of z}-before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Courtney Clarke and Tim Moerman, to
me personally known, and who, being by me duly sworn, did say that they are the Mayor and
City Administrator, respectively, of the City of Waukee, Iowa; that the seal affixed to the
foregoing instrument is the official seal of said City, and that the instrument was signed and
sealed on behalf of the City, by authority of its City Council, and that Courtney Clarke and Tim
Moerman acknowledged the execution of the instrument to be their voluntary act and deed and
the voluntary act and deed of the City, by it and them voluntarily executed.
Notary Public in and for the State of lowa
My Commission expires
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Exhibit A - NW 10th St Joint Utility Trench (W Hickman Rd to NW Douglas Pkwy)
City of Waukee
Waukee Streets
4/22/2020, 8:11:04 PM
0 0.15 0.30.07 mi
0 0.25 0.50.13 km
1:9,028
City of Waukee |
Exhibit B Schedule of Fees for Internet Consulting Services LLC
ID #Owner Conduit Size
(IN)
Conduit Conduit Length
(FT)
Conduit Hand Hole Hand Hole Total CostColorCostQuantityCost
H Internet Consulting Services LLC 2 Orange w/ Blue Stripe 5,070 $49,263.50 7 $9,240.00 $58,503.50
Total Cost Owed to the City $58,503.50
Bid Item Unit Unit Costs
Joint Trench - 2" HDPE LF $6.80
Joint Trench - 4" HDPE LF $9.20
Joint Trench Conduit Install LF $2.92
Hand Hole Install Only EA $3,368.00
Hand Hole Type 1 EA $1,320.00
Hand Hole Type 4 EA $4,300.00