HomeMy WebLinkAbout2015-08-10-Resolutions 15-269_Grand Prairie Pkwy I-80 Bridge - Lighting Agr - North SideTHE CITY OF WAUKEE,IOWA
RESOLUTION 15-269
APPROVING MIDAMKRICAN ENERGY COMPANY REFUNDABLE ADVANCE FOR
CONSTRUCTION UNDERGROUND ELECTRIC SERVICE EXTENSION PROPOSAL
FOR SPECULATIVE USK [NORTH SIDE,GRAND PRAIRIE PARKWAY 1-80 BRIDGE
PROJECT]
IN THE NAMEAND BY THEAUTHORITYOF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,on September 2,2014,the Waukee City Council approved plans,specifications,
form of contract and estimate of cost (Resolution ¹14-225)and recommended to the Iowa
Department of Transportation the award of contract (Resolution ¹14-226)for the 105th
Street/Alice's Road 1-80 Interchange;AND,
WHEREAS,MidAmerican Energy Company has provided an agreement in order to provide
electric service for traffic signals on the north side of the Grand Prairie Parkway/105'Street 1-80
Interchange and for interchange street lighting;AND,
WHEREAS,the City Attorney has reviewed the agreement,attached hereto as Exhibit A,and
finds it satisfactory;
NOW THEREFORE BK IT RESOLVED by the City of Waukee City Council in session this
10ia day of August,2015,that it hereby approves the MidAmerican Energy Company
Refundable Advance for Construction,Underground Electric Service Extension Proposal for
Speculative Use.
William F.card,Mayor
Attest:
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Shane Blanchard
Brian Harrison
Casey L.Harvey
Shelly Hughes
Rick Peterson
AYE
X
X
X
X
NAY ABSENT ABSTAIN
X
iVIIDAIVIERICAib ENERGY CO&VIPA&N&Y
REFUNDABI,E ADVANCE FOR CONSTRUCTIO&I
UNDERGROUND ELECl RIG SFRVICE EXTENSION PROPOSAL
FOR SPECULATIVF.USE
iVlulAmerican Energy Company,an 10!vil coi'polatloi&and City of 'A'aul&ee ("Applicant."),
agree as folk&ws:
&VIidAme&dean Energy Company &vill extend its electric lines underground to serve
the Grand Prairie street lighting '&i as sho!vn on the attached drawings.
iVlidAmerican Energy Company will furnish the necessary labor and rnatcrials
required lo fulfill its undertaking,as specified above,and will commence such
work as soon as reasonable and practicable aAer the execution of this Proposal
art&i receipt of Applicant's cash deposit indicated below,and will prosccutc such
work to completion with reasonable diligence.
3.In consideration of the receipt of a payment in the amount of $25,5S4.79 which is
u ref!u&dable Advance for Construction,UilidAn&erican Energy Company agrees to
construct necessary electric facilities as set forth above,Please submit payment
with Applicant's signed acceptance of this Proposal.If IvlidAme&rican Energy
Company is caused by Applicant to v;ork during the vv&uter constructiol&s!asol&,
Applicant amees to pay in cash an additional sum of $5.37 per trench foot as a
1&011 1efundable Contribution in Aid of Constriction for all required trenching.
The Advance for Const&motion shall be subject to refund by &VIidAmerican Energy
Cong&any to Applicant based upon the followirlg tc&11&s a&id conditions:
Advances shall not accrue interest and shall be subject to relbnd
from d&c date of original advance payment,This will span a six-
year period at tlie rate of fifty percent (5t)'/0)of the annual &mete&'ed
electric service bill of the above Applicant.
If addition!!1 c!isiomers are connected to the above described linc
extension,the above Applicant shall receive refunds equal to three
times cstin&ated base revenue t'or each additional new cuslomcr to
the extent the base revenue exceeds the iidditional distribution
construction costs incurred by MidAmerican Energy C&u»pany,
Base revenue sl&all be estimated iuu&ual kilowatt hours based on
similarly situated customers,less the cost of fuel.
Refunds shall be made on the anniversary date ol'the original
advance payment or sooner at the option of MidAmerican Energy
Colripany.
Revenue for un-metered private lighting shall not be included in
iuiy refund.
No refunds shall be inade for revciuie received after six (61 years
1'rom the date of the origilull ailvance payment.
iNever shall thc total of refunds exceed the ref'undable portion of
thc payment stated above.
No rct'unds shall be made for customers served fiom a further
extension of the above dcscribed electric linc extension.
Except as may hcreinatler bc provided,MidArnerican Energy Company shall:
a.Not tanip the backfill.Applicaiit agrees to indemnify and hold
MidAmeidcan Energy Company harmless fiom any anil all
damages that may result from the non-tamping of backfill
operations conducted by TMidATnerican 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 full responsibility for The defense
thereof.Upon failure to do so on proper notice,MidAmeitcan
Energy Company reseives the right to defend sucli action and
charge all costs to the Applicant provided,however,that nothing
herein shall be construed as an assumption of liability by tilt.
Applicant for dantages and claims attributable to iMidAmcrican
Energy Company negligence.
Applicant to be responsible I'or complying vvith 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 spccilically understood and agreed
that lvhdAmericati Energy Company is providing Ihe service requcsteil by thc
Applicant solely for thc Applicant.TMidAmericaTT Energy Company ivill not
become or agree to become a i.o-permittee or operator for the liurpose of
applicants'compliance with any local,state or federal pcnnit or plan associatecl
with storm water pollution prevention or erosion control.
Applicant sha!!be responsible for locating '&lilt!lnarking all privately owned
systems such as watts services,culverts,irrigation systems,drain pipes,septic
lines,and underground wiring before iMirlAmerican Energy Company's
constituction.
It is specifically understood and agreed that any distribut.ion systems,or other
facilities constructed or installed by iMidAmeric&n&Energy Company under terms
of this Proposal shall remain the sole property of MidAmeidcan Energy Company
and ivlidAmerican Energy Company shall determine&as its own jud&ment
indicates,the manner and method of utilization thereof and to extend the same or
connect other facilities there to and serve other customers there from as it shall
see fit,subject only to such obligations as MiilAmerican Energy Company 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 facilities by vittue
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 u&/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 of forty-eight (48)inches
belov finish grade vvith capped and staked ends and equipped ivith pull wires.
lvfidAmerican Energy Company will provide marker balls for the duct ends.
These are available at ivfidA&nerican Energy Company's storeroom.Applicant is
responsible for correct placement and depth of conduit.Note:No more than ten
(10)conduits allo&ved within the secondary compartment of thc transformer
pa(l.
Proposed this Twenty-Ninth day of July,2015
Title:
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