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Home My WebLink About2015-07-20-Resolutions 15-246_Grand Prairie Pkwy Street Lighting - Electric Service AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 15-246 APPROVING MIDAMERICAN ENERGY COMPANY REFUNDABLE ADVANCE FOR CONSTRUCTION,UNDERGROUND ELECTRIC SERVICE EXTENSION PROPOSAL FOR SPECULATIVE USE IN THE NAMEAcVD BY THE AUTHORITY OF THE CITY OF W'A UKEE,IOS'2 WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,on July 20,2015,the Waukee City Council approved plans,specifications,form of contract and estimate of cost (Resolution ¹15-230)and awarding contract (Resolution ¹15-231) for the Grand Prairie Parkway Street Lighting Project;AND, WHEREAS,MidAmerican Energy Company has provided an agreement in order to extend electric service for sheet lights along Grand Prairie Parkway;AND, WHEREAS,the City Attorney has reviewed the agreement,attached hereto as Exhibit A,and finds it satisfactory; NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 20'"day of July,2015,that it hereby approves the MidAmerican Energy Company Refundable Advance for Construction,Underground Electric Service Extension Proposal for Speculative Use. Attest: Rick Pet son,Mayor Pro Tem Rebecca D.Schuett,City Clerk ROLL CALL VOTE Shane Blanchard Brian Harrison Casey L.Harvey Shelly Hughes Rick Peterson AYK X X X NAY ABSENT ABSTAIN 5'IIDAtVIERICAN ENERGY COtVIPANY REFUNiDABLE ADVAiiJCE FOR CONSTRUCTION UNDERGROUND ELECTRIC SERVICE EXTENSION PROPOSAI, FOR SPECULATIVE USE MiilAmerican Energy Company,an Iowa corporation and City of Waukee ("Applicant"), agree as follows: 1.MidAmerican Energy Company will extend its electric lines underground to serve the Grand Prairie street lighting at as shown on the attached drawings. MidAmerican Energy Company will furnish the necessary labor and materials required to fulfill its undertaking,as specified above,and will commence such work as soon as reasonable and practicable after the execution of this Proposal and receipt ol'Applicant's cash deposit indicated below,and will prosecute such work to completion by December 2015. ln consideration of the receipt of a payment in the amount of $129,070.16,which is a refundable Advance for Construction,MidAmerican Energy Company agrees to constiuct necessary electric facilities as set forth above.Please submit payment with Applicant's signed acceptance of this Proposal.If MidAmerican Energy Company is caused by Applicant to work during the winter constixiction season, Applicant agrees to pay in cash an additional sum of S5.37 per trench foot as a non-refundable Contribution in Aid of Constmction for all required trenching. The Advance for Conshuction shall be subject to refund by MidAmerican Energy Company to Applicant based upon the following terms and conditions: Advances shall not accrue interest and shall be subject to refund fi'om the date of original advance payment.This xvill span a six- year period at the rate of fifty percent (50%)of the amiual metered clcchdc service bill of the above Applicant. If additional customers are connected to the above described line extension,the above Applicant shall receive refunds equal to three times estimated base revenue for each additional neiv customer to the extent the base revenue exceeds the additional distribution construction costs incurred by MidAmerican Energy Company. Base revenue shall be estimated annual kilowatt hours based on similarly situated customers,less the cost of fuel. Refunds shall be ntade on the anniversary date of the original advance payment or sooner at the option of MidAmerican Energy Company. Revenue for un-metered private lighting shall not be included in any refund. No refunds shall be made for revenue received after six (6)years from the date of the original advance payment. f.Never shall the total of refunds exceed the refundable portion of the paytnent stated above. No refunds shall be made for customers served Irom a further extension of the above described electric line extension. Except as may hereinafter be provided,MidAmerican Energy Company shall: Nof.tamp the backfill.Applicant agrees to indemnify and hold MidAmcrican Energy Company harmless fiom any and all damages that may result from the non-tamping of backfill operations conducted by MidAmerican Energy Company.In case any action is brought against MidAmerican Energy Company,or any of its agents or employees,relative to such backfill operations, the Applicant shall assume hill responsibility for the defense thereof.Upon failure to do so on proper notice,ivlidAmerican Energy Company reserves the right to defend such action and charge all costs to the Applicant provided,however,that nothing herein shall be construed as an assumption of liability by the Applicant for damages and claims attributable to MidAmerican Energy Company negligence. Applicant to be responsible for complying with all aspects of'compliance as required by any local,state,or federal permit or plan associated with storm water pollution prevention or erosion control.It is specifically understood and agreed that IvlidAmerican Energy Company is providing the service requested by the Applicant solely for the Applicant,MidAmerican Energy Company will not become or agree to become a co-permittee or operator for the purpose of applicants'compliance with any local,state or federal peimit or plan associated with storm water pollution prevention or erosion control. Applicant shall be responsible for locating slid lnarking all privately owned systems such as water services,culvcrts,irrigation systems,drain pipes,septic lines,and underground wiring before MidAmerican Energy Company's construction. It is specifically understood and agreed that any distribution systems,or other facilities constructed or installed by MidAmerican Energy Company under terna of this Proposal shall remain the sole property of MidAmerican Energy Company and MidAmerican Energy Company shall determine,as its own judgment indicates,the manner and method of utilization thereof and to extend the same or connect other facilities there to and serve other customers there fiom as it shall see fit,subject only to such obligations as MidAmcrican Energy Company shall have assumed in this Proposal;anti no other person shall have any right,title, interest or claim,in or to thc said distribution system or other facilities by virtue of any provision of this Proposal. Applicant shall furnish,install,own and maintain all 4-inch ducts as shown on attached prints.All ducts shall be black w/red stripe or grey in color,PVC type schedule 40 or schedule 40 HDPE coil-able.Applicant shall install ducts a minimum of forty-two (42)inches and a maximum ol forty-eight (48)inches below finish grade with cappccl and staked ends and equipped with pull wires. MidAmerican Energy Company will provide marker balls for the duct ends. These are available at MidAmerican Energy Company's storeroom.Applicant is responsible for correct placement and depth of conduiL Note:No more than ten (10)conduits allowed within the secondary compartment of the transformer pad. Proposed this Seventeenth clay of July,2015 t&IIDAMERICAN ENERGY COivIPANY p t1.:~&A Accepted this V day of A'P&k 2015 APPLICANT: