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Home My WebLink About2017-11-06-Resolutions 17-514_Esker Ridge-Christie Ln Controller Cabinet - Refundable Advance - MidAmerican EnergyTHE CITY OF WAUKEE,IOWA RESOLUTION 17-514 APPROVING MIDAMERICAN ENERGY COMPANY REFUNDABLE ADVANCE FOR CONSTRUCTION,UNDERGROUND ELECTRIC SERVICE EXTENSION PROPOSAL OF SPECULATIVE USE [SE ESKER RIDGE DRIVE/CHRISTIE LANK CONTROLLER CABINET] INTHENAMEANDBYTHEAUTHORITYOF THE CITYOF WAUKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,as part of the Grand Prairie Parkway and SE Esker Ridge Drive Traffic Signal Improvements Project,MidAmerican Energy Company proposes to extend underground electric service lines to serve the street lighting controller cabinet located at SE Esker Ridge Drive and Christie Lane;AND, WHEREAS,City staff recommend approval of the agreement; NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 6'"day of November,2017,that the MidAmerican Energy Company Refundable Advance for Construction,Underground Electric Service Extension Proposal of Speculative Use [SE Esker Ridge Drive/Christie Lane Controller Cabinet],attached hereto as Exhibit A and made part of this resolution,is hereby approved. Attest: li .card,Mayor Rebecca-D.—Sckuett,-City —Clerk ROLL CALL VOTE Anna Bergman R.Charles Bottenberg Brian Harrison Shelly Hughes Larry R.Lyon AYE X X X X X NAY ABSENT ABSTAIN 3IIDA&&dERICA&N ENEROY CO%1PA&NY REF(iNDABLE ADVAiNCE FOR CONSTRL'CTION U&NDEROROUND ELECTRIC SERVICE EXTENSION PROPOSAL FOR SPFCULATIVE USE i'vlidAmcrican Energy Company,an Iowa corpora&.ion and the City ot Waukee I "Applicant"),agree &is foHows: I,MidAmerican Energy Company will extend its electric lines underground to se&vc 25 kVA iransl'ormer,1432'of'liOAI UG and 168'of 2"conduit fora stivct lighting controller cabinet shown on the attached drawings. hdi&1American Energy Cmnpany will Ibrnish the necessary labor and mate&isla required to fulfill its undertaking,as specified above,an&i &viH commence such v'ork as soon as reasonable and practicable al'ter the execution of this Proposal and receipt of'Applicant's cash deposit indicated bek&v:,and v iH prosecute such work to completion v,'ith reasonable diligence. ln consideration ot'the receipt of a payment in the amount of 528,326.32 which is a relimdable Advance for Construction,ivlidAmerican Energy Company agrees to construct necessary electric facilities as set fo&th above.Please submit payment with Applicant's signed acceptance of this Proposal.If ihidAmerican Energy Company is caused by Applicant to work during the &vinter const&x&ction season, Applicant agrees to pay in cash an additional sum ol'S4.84 per trench foot as a retiindable Advance for Constmction for aH required trenching. Thc Advance for Constmction shall bc subject to refund by MidAmcrican En&agy Company to Applicant based upon the fogo&ving terms and conditions: Advances shaH not accrue interest and shall bc subject to rcl'und from the date of original advance payment.This will span a six- year period at tl&c rate of fifty percent (50"~8)of the annual metered electric seiwice bill ol'the above Applicani. If additional custon&ers are connected to H&e above described line extension,the above Applicant shag receive refunds equal to three times estimated base revenue for each additional new customer to the extent the base revenue exceeds the additional distribution constixiction costs incurred by lvlidAmerican Energy Company. Base revenue shaH be estimated annual kilowatt hours based on sin&i!arly situated customers,less the cost of fuel. Refunds shall be made on thc anniverruuy date of the origiiuil Qdvitncc p,'Iy'nli:01 01'sonnet'«u thc option of ivHHAOIerlctin Fni.'I'gy Company. d.Revemie for un meteired private lighting shuH not be included in any I'&.'Iiltld, No rchinds shiiH bc made t'or revenue iieceived ager six {6)years from lhe date ot the nrigma!advance payment. f.Never shall the total of rel'unds exceed thc rcfundcble poision of the payment statcdl above. No retiunds shall be nsade for customeirs served I'rom a further extension of thc above di:scribed electric line extension. 5.Except as may hereinafter be provided,ivlidAmcrican Fnergy Company shaH; iNot tamp thc buckliH.Applicant agrees to indemnify and hold IviidAm(u ican Energy Company harmless I'mm any and all damages that may I'I:stilt li'oni the non-tamping of backliH operations conducted by IVidAmerica11 Energy Company.Hl case Qily'actioi1 is brought against ivlidAium'ican Energy Company.or any of its agents or employees,relative to such backfill operations,the Applicant shall assume IIIH responsibility for the defense thcteol'. Ilpon failure to do so on proper notice,MidAmerican Energy Company reserves the right to defend such action and charge aH costs to the Applicant provided,however,that nothing herein shaH bc construed as an assiunption of liability by the Applicant for damages and claims uttributablc to Is'lidAmerican Energy Company negligence. Applicant shaH provide,without cost to lvlidAmcrican Energy Company,such eus&.*01&.'nls Qs tire iteccssary Qnd Incidental to such installation and ifse ol' &vgdAmcrican Energy's facilities on private properly'within the area served.If a 3'" party easement is required any cost associated in obtaining the casement (viH be paid by ihe applicant. Bc responsible for complying with aH aspects of compliance as required by &any local,state,or federal permit or.plan associated with storm water pollution prevention or erosion control.[t is speciHcaHy understood and agr&.ed lhal IvlidAmerican Energy Company is providing the service requested by lhe Applicant solely I'or the Applicant.IS&lidAmerican Energy Company v iH no 1 become or agree to become a co-pemiittee or operator I'or the purpose of applicants'compliance (vith any local,state or federal pcmiit or plan associated with storm water pollution pmi cnilon ol'ei'osion coiitl'i!I. 8.Applicant shall be responsible t'or locating and marking all privately owned systems such as &vatei services,cuivetss.irtigati&in systems,drain pipes,septic lines,and umlcl'ground wiring before MidAmcrican Energy Company's construction. It is spccihcally understood an&I agreed that any distribution systems,or other facilities constructed or instal(ed by lvlidhmerican Energy Conipany under terms ol'this Proposal shall rentain the sole property of MidAmcrican Fnergy Company and ivlidAmerican Fncrgy Compiuiy shall determine,as its oivn judgment indicates, ihe niann&i'illld meth&id ol'utilization tl'li'.I'cof and to extend the same or connect other I'acilities there to and serve other customers there from as it shall scc fit, subject only to such obligations as MidAmcrican Energy Conipany shall have assumed in this Proposal;and no other person shall have any right,title,interest or claim,in or to the said distribution system or other I'acilitics by virtue of any provision of this Proposal. 10.Applicant shall fiirnish„install,own and maintain all 4-inch ducts as shown on attached prints.All ducts shall bc black w ied stripe or grey in color,PVC type schcdulc 40 or schedule 40 HDPE coil-able.Applicant shall install ducts a mininium ot'forty-two (42)inches and a maximum of forty-eight (48)inches below finish grade with capped and staked ends and equipped with pull wires. lvlidAmerican Energy Company will provide marker balls for the duct ends.These are available at MidAmcrican Fnergy Company s storeroom.Applicant is responsible I'or correct placement anal depth of conduit.Note:No niore than ten (10)conduits alloived ivithin the secondary compartment of the transformer pad, Proposed this 30th day of October,2017 Iv(IDA&i(ERIC (!NENERGY C RIP NY Accepted this )day of ~~,2017. APPLICANT: By E C 2 -5 )( h e I I i / 1 ~,/ i //:" I / // // "2h ~g 0. P O 5 K $s- FF~~f]f II