HomeMy WebLinkAbout2017-08-07-J04 MidAmerican Energy Relocation Agr Revisions 3►,f► Waukee
`f-, I THE KEY TO GOOD LIVING
AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: August 7, 2017
AGENDA ITEM: Consideration of approval of a resolution approving Relocation and
Reimbursement Agreement (Revision No. 3) with MidAmerican Energy
Company [Alice's Road between University Avenue and NE Horizon Drive,
Utility Relocation]
FORMAT: Resolution
SYNOPSIS INCLUDING PRO & CON: As part of the Alice's Road between University Avenue
and NE Horizon Drive, MidAmerican will relocate the 161,000 volt electric
line, which is presently located on private easement.
FISCAL IMPACT INCLUDING COSTBENEFIT ANALYSIS:
$1,060,000.00.
COMMISSIONBOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Proposed Resolution
PREPARED BY: Beth Richardson/Rud Koester �
REVIEWED BY: John Gibso4
PUBLIC NOTICE INFORMATION —
NAME OF PUBLICATION:
DATE OF PUBLICATION:
The estimated cost is
THE CITY OF WAUKEE, IOWA
RESOLUTION 17-
APPROVING RELOCATION AND REIMBURSEMENT AGREEMENT, REVISION
NO. 3, BY AND BETWEEN THE CITY OF WAUKEE, IOWA, AND MIDAMERICAN
ENERGY COMPANY [ALICE'S ROAD BETWEEN UNIVERSITY AVENUE AND NE
HORIZON DRIVE, UTILITY RELOCATION]
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, 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, University Avenue to NE Horizon
Drive, MidAmerican Energy Company will relocate structures and related facilities associated
with an electrical line currently located on private easements along the west side of Alice's
Road; AND,
WHEREAS, on October 17, 2016, the Waukee City Council approved a Relocation and
Reimbursement Agreement between the City of Waukee and MidAmerican Energy related to the
utility relocation (Resolution #16-462); AND,
WHEREAS, revisions to the Agreement were approved by the Waukee City Council on
November 21, 2016 (Resolution #16-505) and February 13, 2017 (Resolution #17-092); AND,
WHEREAS, MidAmerican Energy Company has provided a revised agreement related to the
relocation of an electric line presented located in a private easement, of which City staff
recommends approval;
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this
7"' day of August, 2017, that the Relocation and Reimbursement Agreement, Revision No. 3, by
and between the City of Waukee, Iowa, and MidAmerican Energy Company, attached hereto as
Exhibit A and made part of this resolution, is hereby approved.
William F. Peard, Mayor
Attest:
Rebecca D. Schuett, City Clerk
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Anna Bergman
R. Charles Bottenberg
Brian Harrison
Shelly Hughes
Larry R. Lyon
RELOCATION AND REIMBURSEMENT AGREEMENT (revised)
IT IS AGREED this day of 2017, by and between the City of
Waukee, Iowa ("City") and MidAmerican Energy Company ("MidAmerican") as follows:
Recitals
A WHEREAS, as part of City's planned reconstruction of Alice's Road between University
Avenue and NE Horizon Drive, City desires that MidAmerican relocate structures and
related facilities of a MidAmerican owned and operated 161,000-volt electric line (known
collectively as `Electric Facilities"), which is presently located on private easements and
as generally shown on the attached Exhibit A, which Electric Facilities are an integral
part of MidAmerican'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 the attached Exhibit A in return for the compensation set forth in this
Agreement;
C. WHEREAS, City is willing to secure and coordinate acquisition of new easements with
MidAmerican for the relocated Electric Facilities;
D. WHEREAS, City is willing to reimburse MidAmerican for its costs to relocate the
Electric Facilities;
E. THEREFORE, the parties agree as follows:
Services. Following execution of this Agreement, the Services to be provided by
MidAmerican shall consist of relocation of the Electric Facilities as generally
shown on the attached Exhibit A and removal of the existing structures and related
facilities. MidAmerican shall commence the Services after execution of this
Agreement. Construction is expected to be completed by October 20, 2017;
however, weather, Electric Facilities easement acquisition, communication facilities
relocation by others, and unanticipated other work as necessary at the site to
achieve the objectives of this Agreement may affect the schedule. City
acknowledges that for MidAmerican to achieve this completion date, City must
execute this agreement by August 7, 2017 and provide new easements by August
25, 2017. If the dates are missed, commensurate extension of the 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, at the site, 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, MidAmerican shall immediately suspend further work in
the area of the materials and notify City of the condition. City shall immediately
take whatever precautions are legally required to eliminate such hazardous
conditions and properly handle and dispose of such substances or wastes so that the
Services may safely proceed. If site conditions cause an increase in MidAmerican'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 the Services, MidAmerican
observes the existence of asbestos or asbestos -containing materials, MidAmerican
will immediately suspend further work in the area of the materials and notify City
of the condition, and City will determine the further course of action.
Compensation. All compensation for this work shall be based on MidAmerican's
actual costs with no additional mark up. The estimated cost for these Services is
One Million Sixty Thousand and 00/100 Dollars U.S. ($1,060,000.00).
When the Services are complete, MidAmerican shall provide City with an invoice
detailing the actual cost of the 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 and identify and have staked the new location of
the Electric Facilities easement. This work shall be done by City on or about August
21, 2017.
City shall also allow ingress and egress over City's property for MidAmerican to
perform these services.
City shall acquire new easements in the form of the attached Exhibit B.
Obsolete easements. MidAmerican shall release all easements that become
obsolete or unnecessary by the operation of this Agreement.
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.
CITY OF WAUKEE, IOWA
MIDAMERICAN ENERGY COMPANY
By:
By:
Name:
Name:
Title:
Title:
EXHIBIT B
PAGE 1 of 4
Prepared by and return to: Jason Romey (515) 242-4070
MIDAMERICAN ENERGY COMPANY
ELECTRIC TRANSMISSION LINE EASEMENT
State of
Folder No. County of
Work Req. No. Section
Project No. Township North
Range West of the 51" P.M.
1. For and in consideration of the sum of One and no/100 Dollar ($1.00), and other valuable
consideration, in hand paid by MIDAMERICAN ENERGY COMPANY, an Iowa corporation, receipt of
which is hereby acknowledged, the undersigned owner(s) , its successors and assigns, and the
undersigned tenant(s) and parties of interest (collectively the "Grantor"), does hereby grant to
MIDAMERICAN ENERGY COMPANY, its successors and assigns ("Grantee'), a perpetual, non-
exclusive easement to construct, reconstruct, operate, maintain, replace or remove electric supply line(s)
for the transmission and distribution of electric energy and for communication and electrical controls,
including other reasonably necessary poles, towers, wires, guys, guy stubs, anchors and other
reasonably necessary equipment incident thereto (collectively "Facilities") upon, over,, along, and across
certain property described below, together with the right to survey the property and the right of ingress
and egress to and from the same and all the rights and privileges incident and necessary to the
enjoyment of this easement ("Easement Area'), including the right to trim, cut down and remove such
trees, brush, saplings and bushes as may interfere with the proper construction, maintenance, operation
or removal of said lines, upon, over, along and across the property described below.
DESCRIPTION OF PROPERTY CONTAINING EASEMENT AREA:
DESCRIPTION OF EASEMENT AREA:
INSERT DESCRIPTION OF EXACT LOCATION OF EASEMENT
EXHIBIT B
PAGE 2Of4
2. Subject to the rights of the Grantee granted herein, Grantor shall have the right to
cultivate, use and occupy the land. No brush or other inflammable materials shall be deposited,
or accumulated or burned within the easement area.
3. Grantor agrees that it will not construct or place any permanent or temporary buildings,
structures, fences, trees, plants, or other objects on the Easement Area described herein, or
make any changes in ground elevation without written permission from Grantee indicating that
said construction or ground elevation changes will not result in inadequate or excessive ground
cover, or otherwise interfere with the Grantee's rights to operate and maintain its Facilities, and
that no act shall be performed which violates the clearance requirements of the National Electrical
Safety Code and/or the rules of the state utility regulatory authority where the Facilities are
located.
4. In consideration of such grant, Grantee agrees that it will repair or pay for any damage
which may be caused to tile, crops, fences, or other property, real or personal, of the Grantor by
the construction, reconstruction, maintenance, operation, replacement or removal of the Facilities
(except for damage to property placed subsequent to the granting of this easement) that Grantee
determines interferes with the operation and maintenance of the Facilities and associated
equipment. The cutting, recutting, trimming and removal of trees, branches, saplings, brush or
other vegetation on or adjacent to the Easement Area is expected and not considered damage to
the Grantor.
5. Grantor certifies that it is not acting, directly or indirectly, for or on behalf of any person,
group, entity or nation named by any Executive Order or the United States Treasury Department
as a terrorist, "Specially Designated National and Blocked Person" or any other banned or
blocked person, entity, nation or transaction pursuant to any law, order, rule or regulation that is
enforced or administered by the Office of Foreign Assets Control, and are not engaged in this
transaction, directly or indirectly on behalf of, any such person, group, entity or nation. Grantor
hereby agrees to defend, indemnify and hold harmless Grantee from and against any and all
claims, damages, losses, risks, liabilities and expenses (including attorney's fees and costs)
arising from or related to any breach of the foregoing certification.
6. Each of the provisions of this easement shall be enforceable independently of any other
provision of this easement and independent of any other claim or cause of action. In the event of
any matter or dispute arising out of or related to this easement, it is agreed between the parties
that the law of the jurisdiction and location where this easement is recorded (including statute of
limitation provisions) will govern the interpretation, validity and effect of this easement without
regard to the place of execution or place of performance thereof, or any conflicts or law
provisions. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF THE PARTIES
HERETO WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF
LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION
WITH THIS EASEMENT. EACH PARTY FURTHER WAIVES ANY RIGHT TO CONSOLIDATE
ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN
WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED.
7. Grantor hereby relinquishes all rights of dower, homestead and distributive share in and
to the Easement Area and waives all rights of exemption as to any of the Easement Area.
Grantor understands that homestead property is in many cases protected from the claims of
creditors and exempt from judicial sale; and that by signing this easement. Grantor voluntarily
gives up any right to this protection for the Easement Area with respect to claims based upon this
easement.
8. Grantor warrants to Grantee that Grantor holds title to the Easement Area in fee simple
and Grantor has good and lawful authority to grant the rights provided in this easement.
(Acknowledgments on following page)
Dated this day of 20
INSERT COMPANY NAME IF A CORPORATION
ACKNOWLEDGMENT
STATE OF
EXHIBIT B
PAGE 3 of 4
) ss
COUNTY OF )
This record was acknowledged before me on 20, by (NAME OF
PERSON) as (TITLE) of COMPANY NAME
Public
STATE OF
ACKNOWLEDGMENT
) ss
COUNTY OF )
This record was acknowledged before me on
OF PERSON(S) AND MARITAL STATUS).
Public
Signature of Notary
,20_, by (NAME
Signature of Notary
EXHIBIT B
PAGE4Of4
Consent of Party in Interest
The undersigned does hereby consent to the terms and conditions of the Electric
Transmission Line easement described herein.
A
Its:
Printed or typed name and title
STATE OF
ss
COUNTY OF
This record was acknowledged before me on , 20_, by (NAME OF
PERSON) as (TITLE) of COMPANY NAME
Signature of Notary
Public