HomeMy WebLinkAbout2018-03-12-E01 Conduit Purchase AgrAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: February 12, 2018
AGENDA ITEM:Consideration of approval of a resolution approving conduit purchase
agreement with mi-Fiber, LLC
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON: Mi-Fiber, LLC, proposes to purchase excess
conduit from the City of Waukee to facilitate fiber installation along
Grand Prairie Parkway.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:$63,924.00 payment
from mi-Fiber.
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: The conduit in question is not used or needed by the
City, and City staff has no concerns related to the proposal.
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Proposed Resolution
II. Conduit Purchase Agreement (to be provided by Monday night)
PREPARED BY:Becky Schuett
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
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THE CITY OF WAUKEE, IOWA
RESOLUTION 18-__________
APPROVING CONDUIT PURCHASE AGREEMENT WITH MI-FIBER, 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/ROW
(the “PUE”) on the west side of Grand Prairie Parkway to accommodate the installation of
fiber by mi-fiber, LLC, among others; AND,
WHEREAS, mi-fiber, LLC 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 Grand Prairie Parkway,
subject to, and in accordance, with its utility permit;
WHEREAS, the Council has determined that the Conduit Purchase Agreement with mi-fiber,
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 ______ day of
_________________, 2018.
____________________________
William F. Peard, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Charlie Bottenberg
Shelly Hughes
Larry R. Lyon
Anna Bergman
Courtney Clarke
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CONDUIT PURCHASE AGREEMENT
The City of Waukee, Iowa (hereinafter referred to as “City”) and mi-fiber, LLC
(hereinafter referred to as “Utility Company”) enter into this Conduit Purchase Agreement
(“Agreement”) on this the ____ day of March 2018.
WHEREAS, the City currently has excess conduit within its Public Utility
Easement/ROW (the “PUE”) on the west side of Grand Prairie Parkway 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 Grand Prairie
Parkway, 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 two 2-inch excess conduit (ID# F Orange marked conduit; ID #G
Orange Blue Strip marked conduit; see Exhibit B) located approximately on the West Side of
Grand Prairie Parkway in the PUE commencing at the north DOT Right of Way of the I-80
interchange and running to a point just South of University Avenue running approximately
11,100 feet, refer to Exhibit A (hereinafter referred to as “Conduit”). The Conduit was installed
as part of the City’s phased construction of Grand Prairie Parkway completed in 2015 and 2016.
The trench excavation and backfill cost was borne by the City as part of its overall cost of the
Grand Prairie Parkway improvements.
2)Utility Company desires to purchase said Conduit on the west side of Grand
Prairie Parkway 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 fourteen (14) days of the approval of this agreement by the City
Council, the sum of $63,924.00. 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 and/or ROW
in which the Conduit is located. Utility Company’s use and occupancy of the City’s PUE is
subject to and governed 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 several years ago 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 notify 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 indemnify 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 Utility Company’s facilities
installed hereunder; provided, however, that Utility Company shall not be obligated to defend,
indemnify and save harmless the City for any costs or damages arising from the negligence of
the City, its officers, 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 governing the same.
This agreement shall be considered a separate agreement to purchase Conduit only and is not
intended to modify 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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UTILITY COMPANY: mi-fiber, LLC.
By: ________________________________
Name: Anissa Rockhold
Title: Chief Operating Officer
STATE OF Missouri )
) SS.
COUNTY OF Mercer )
On this _____day of __________________, 2018, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Anissa Rockhold, to me personally
known, who being by me duly sworn, did say that the person is the Chief Operating Officer of
Utility Company mi-fiber, 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 mi-fiber, LLC. by
it voluntarily executed.
____________________________________
Notary Public in and for the State of Missouri
My Commission expires ___________
THE CITY OF WAUKEE, IOWA
By: ________________________________
William F. Peard, Mayor
By: ________________________________
Tim Moerman, City Administrator
STATE OF IOWA )
) SS.
COUNTY OF DALLAS )
On this _____ day of March, 2018 before me, the undersigned, a Notary Public in and for
the State of Iowa, personally appeared William F. Peard 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 William F. Peard 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 Iowa
My Commission expires __________
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Date: 11/06 /201 7
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WaukeeStreets
Exhibit B Schedule of Fees for mi-fiber, LLC
Conduit Conduit S. of Ashworth Rd N. of Ashworth Rd
Size (IN.)Color S. of Ashworth N. of Ashworth Cost Cost
F Future Spare 1 (mi-fiber, LLC)2 Orange 2,300 8,800 7,498.00$ 24,464.00$ 31,962.00$
G Future Spare 2 (mi-fiber, LLC)2 Orange w/ Blue Strip 2,300 8,800 7,498.00$ 24,464.00$ 31,962.00$
S. of Ashworth N. of Ashworth
Joint Trench - 2" HDPE LF 2.14$ 1.83$
Joint Trench Conduit Install LF 1.12$ 0.95$
ID #
Unit CostsUnit
Total Cost
Bid Item
Length (Feet)Owner