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HomeMy WebLinkAbout2016-10-17-J08 MEC Relocation AgrO ►, Waukee `t W, / THE KEY TO GOOD LIVING AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: October 17, 2016 AGENDA ITEM: Consideration of approval of a resolution approving Relocation and Reimbursement Agreement with MidAmerican energy Company FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: The Agreement will reimburse MidAmerican Energy Company for the relocation of the 161,000 volt electric lines located on the west side of Alice's Road currently in private easement. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: Estimated costs are $1,140,000. Final relocation costs will be paid from actual invoice. COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: W� �160:714111.ra Agreement. Beth Richardson r REVIEWED BY: John Gibson PUBLIC NOTICE INFORMATION — NAME OF PUBLICATION: DATE OF PUBLICATION: THE CITY OF WAUKEE, IOWA RESOLUTION 16- APPROVING RELOCATION AND REIMBURSEMENT AGREEMENT 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, City staff recommend approval of a Relocation and 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 17d' day of October 17, 2016, that the Relocation and Reimbursement Agreement 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 Brian Harrison Shelly Hughes Larry R. Lyon Rick Peterson RELOCATION AND REIMBURSEMENT AGREEMENT IT IS AGREED this day of 2016, 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 April 1, 2017; however, weather, Electric Facilities easement acquisition, 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 and provide new easements by October 1, 2016. If that date is missed, commensurate extension of the completion date may be required. 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 One Hundred Forty Thousand and 00/100 Dollars U.S. ($1,140,000.00). When the Services are complete, MidAmerican shall provide City with an invoice detailing the actual cost of the Services, which invoice shall be the amount of total compensation due MidAmerican. Payment shall be due and payable upon presentment of such invoice. 4. Prerequisite work by City. City shall identify and have staked the new location and boundary of City's right-of-way and identify and have staked the new location of the Electric Facilities easement. This work shall be done by City on or about October 1, 2016. City shall also allow ingress and egress over City's property for MidAmerican to perform these services. City shall acquire new easements in the form of the attached Exhibit B. Obsolete easements. MidAmerican shall release all easements that become obsolete or unnecessary by the operation of this Agreement. IN WITNESS WHEREOF, the City of Waukee, Iowa and MidAmerican Energy Company have caused this Agreement to be executed by their duly authorized representatives to be effective on the date and year first above written. CITY OF WAUKEE, IOWA MIDAMERICAN ENERGY COMPANY By: By: Name: Name: Title: Title: 1. ff 0 W NQ> 0 OZQ 4 r �OF F lu U N :low Jwz. pM44 �' II aWZw I �p4 Ott7]M �wroQM 1 � NJfC�M 6pL Up9pL 8 NYW W =�N 0 1 q vvo4 pavoL 60 4 < 1 I Iwv L — o ■ < 4 g � V �I i vvoL �• Op80L � w a z & Z bJq � 4 �o qq de vsoL L r pose w� g o ' W x e$ 3$ Q w Y, so4 vroL [Fn _ ....,III //� VJ 11 • ��•I X x aYyR ro4 W LLI PSI,{ p£CCx - hK. �. 6 j33p�p 1plp$6pu6p yz.,. 6 z5. ¢_ W i\ �i a' g$IY�tlitl� $3L coLwus � Iwos q f .j � .LZ.EI.ZZ- s 3.X44 e.544 9 .LiR.R-Id 'te'sops ie i ¢;! Q:z9 U So opve - viowus 3 i i BY.pL.6[Itl� ww y p wL LLs � 4 8 .uay.e la OOiB :§> ( «§§ a az 99< , .... ®:,:: !MZ0 .| ®jB ® )/); - -- ; ,; G \: ;]3.{ \ / z~ EQ § \ OhLL { { MnL !\ 5 <�« \L 2 91 } .@ \ I . .. + , ®-- R! ; } \ /(/ _§§ §`« E ! |t .� , . .. e ! . k \ . jw§G -§) !\ ; Hng ( �(d :. _ .. .. . .. . e . w. R ! ; ; ! ! j \/ /\� ^! { ,/§N ; ®�B w § \ _ § _ . u \ •; J ! �\ EI ; | \ ) § } . � < G �! < # a i |6Q iF I MR ;lo; | , _ ° ^ :!t r � .�_.,—:...%#, 0 ~^»\\ )/\\ ;0ww ,< - .]/72 < : ��•¢� ■ ! ! ] ~ � «� ( ^ � � \\} !;� •) @ . . . <us�� En E IO wE )Q \ . !& 7 / � i )� e � \; 1 .\ - . T 1. 1L. j - n! ) � u■ ° §(/ ( §§ )E _ NJ < : « ; ( !\"§ O , , ! . <u E/ ! _0. | _ | § § 1 (/ m!« \ !Qk ` ^ (\ \ ) (Q/ ,« N . ( � � � [ ,; . EXHIBIT B PAO6 I of 4 Prepared by and return to: Jason Romey (515) 242-4070 MIDAMERICAN ENERGY ATTN: RIGHT-OF-WAY SERVICES PO BOX 657 DES MOINFS. IA 5n306-n657 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 5'" 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 g PAQL+ 2 of 4 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 C[e7801NTi9I:I -Biel LTAIN 1I STATE OF EXHIBIT B PAGE g 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 PAGE 4of4 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