HomeMy WebLinkAbout2013-06-24-Resolutions 13-163_Alice's Rd-University Ave Intersection - Reimbursement Agr - MidAmerican EnergyTHE CITY OF WAUKEE,IOWA
RESOLUTION 13-163
APPROVING REIMBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF
WAUKEE,IOWA,AND MIDAMERICAN ENERGY COMPANY [ALICE'S
ROADfUNIVERSITY AVENUE INTERSECTION,UTILITY RELOCATION]
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE,IOWA
WHEREAS,the City of Waukee,Iowa is a duly organized municipality within Dallas County;
AND,
WHEREAS,as part of the Alice's Road Corridor Project,Ashworth Road to University Avenue,
the intersection of Alice's Road and University Avenue will be reconstructed from a 4-lane to a
6-lane configuration,including the addition of two westbound turning lanes that will require the
relocation and installation of steel electrical poles by MidAmerican Energy Company;AND,
WHEREAS,the pole for relocation is not currently located within the City right-of-way,
requiring the City to pay an estimated $550,000.00 for relocation,the cost of which will be
funded through TIF revenues;AND,
WHEREAS,City staff recommend approval of a Reimbursement Agreement between the City
of Waukee and MidAmerican Energy related to the utility relocation;
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this
24th day of June,2013,that the Reimbursement Agreement by and between the City of Waukee,
Iowa,and MidAmerican Energy Company [Alice's RoadlUniversity Avenue Intersection,Utility
Relocation],attached hereto as Exhibit A and made part of this resolution,is hereby approved.
Attest:
CUwAjJ.1JrJ!tff!J~
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Shane Blanchard
Casey L.Harvey
Shelly Hughes
C.Isaiah McGee
Mike Watts
AYE
X
X
X
X
X
NAY ABSENT ABSTAIN
REIMBURSEMENT AGREEMENT
IT IS AGREED this 24th day of June ,2013,by and between the City of
Waukee,Iowa ("City")and MidAmerican Energy Company,an Iowa corporation,
("MidAmerican")as follows:
Recitals
A.WHEREAS,as part of City's planned construction at the intersection of Alice's
Road and University Avenue,City desires that MidAmerican relocate structures
and related facilities ofa MidAmerican-owned and operated 161 kV electric line
(known collectively as "electric facilities"),which is presently located via private
rights and as generally shown on the attached Exhibit A,which electric facilities
are an integral part of Mid American's electric system providing electric service to
Waukee,Iowa and elsewhere;
B.WHEREAS,MidAmerican is willing to relocate the electric facilities as generally
shown on attached Exhibit A in return for the compensation set forth in this
Reimbursement Agreement;
C.THEREFORE,the parties agree as follows:
I.Services.The Services to be provided by MidAmerican under this
Reimbursement Agreement consist of relocation of the electric facilities as
generally shown on attached Exhibit A'and removal of the existing steel and
wood pole structures and related facilities.MidAmerican shall commence
the Services after execution of this Reimbursement Agreement and notice to
proceed from City.Construction is expected to be completed by March I,
2014;however,weather and unanticipated other work as necessary at the
site to achieve the objectives ofthis Reimbursement Agreement may affect
the schedule.City acknowledges that for MidArnerican to achieve this
completion date,City must execute this agreement by June 1,2013.If that
date is missed,commensurate extension ofthe completion date may be
required.
2.Site Conditions.MidAmerican assumes that any information furnished by
City is accurate and complete and is relying on such information.If
MidAmerican encounters toxic substances,hazardous substances,or
hazardous wastes (as such terms are defined in any Federal,state or local
statute,regulation or ordinance),which require special handling and/or
disposal,and are not a part of the services contracted for herein,
MidAmerican shall immediately suspend furtherwork in the area of such
substances or wastes and notify City of the condition and City will
determine the further course of action.If site conditions cause an increase
in Mid American's cost of,or the time required for,performance of any part
of the Services under a Scope of Work,an equitable adjustment shall be
made to the compensation paid MidAmerican and the schedule.If during
the course of these Services,MidAmerican observes the existence of
asbestos or asbestos-containing substances or wastes,MidAmerican will
immediately suspend further work in the area of the substances or wastes
and notify City of the condition,and City will determine the further course
of action.
3.Reimbursement.All compensation for the Services under this Agreement
shall be based on MidAmerican's actual costs with no additional markups.
The estimated cost for this work is $555,000.00 (Five Hundred Fifty Five
Thousand and no/lOO dollars).
When the relocation is complete,MidAmerican shall provide City with an
invoice detailing the actual cost ofthe Services,which invoice shall be the
amount of total compensation due MidAmerican.Payment shall be due and
payable upon presentment of such invoice.
4.Prerequisite work by City.City shall identify and have staked the new
location and boundary of City's right of way as shown on ExhibitA.This
work shall be done by City on or about December 1,2013.City shall also
allow ingress and egress over City's property for MidAmerican to perform
these Services.
IN WITNESS WHEREOF,the City of Waukee,Iowa and MidAmerican Energy
Company have caused this Agreement to be executed by their duly authorized
representatives to be effective on the date and year first above written.
By:
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