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Loras College Geothermal OrdCITY OF DUBUQUE, IOWA MEMORANDUM January 31, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Construction Ordinance - Loras College Geothermal System Public Works Director Mike Koch is recommending approval of a request from Loras College to utilize public right-of-way to install a water supply line for their geothermal system for the new Academic Resource Center. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Michael A. Koch, Public Works Director ¥I 'enbnqnCt eo!.t~O %y,;eO f4!O Ci. i3AiSO'3bl CITY OF DUBUQUE, IOWA MEMORANDUM TO: FROM: SUBJECT: January 30, 2001 Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director Construction Ordinance - Loras College Geothermal System INTRODUCTION The following is in response to a January 29, 2001 request of Loras College to utilize public right-of-way to install a water supply line for their geothermal system for its new Academic Resource Center. DISCUSSION Loras College is in need to relocate a geothermal well from its original location at the site of the Academic Resource Center facility to their parking lot abutting Alta Vista and Vernon Street, thereby requiring the relocation of their existing water supply line. This relocation consists of crossing Alta Vista with a 10" DIP water supply line. All proper documentation has been submitted, which includes the completed construction ordinance, letter of request, drawings and certificate of insurance naming the City as an additional insured. The plans have been reviewed and approved by Engineering Division, DNR, City Water Department and Building Safety. RECOMMENDATION The construction ordinance provides for a revocable permit and further requires Loras College to assume all liability, defend the City, and hold the City harmless of any claims that may result from the construction of the geothermal system within the City right-of-way. ACTION TO BE TAKEN The City Council is requested to approve the recommendation and to adopt the attached ordinance approving the construction of the geothermal system in the public right-of-way. MAK/vjd Prepared by Jane Smith, Engineering Assistant cc: Building Safety Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864 ORDINANCE NO. 7-01 AN ORDINANCE AUTHORIZING LORAS COLLEGE TO CONSTRUCT A GEOTHERMAL WATER SERVICE NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Loras College as the owner of the premises known as Loras College, Dubuque, Iowa, and legally described as Loras College be and they are hereby granted the revocable permit and authority to construct and maintain a geothermal water service under the terms and conditions set forth in this Ordinance. Section 2. That such construction shall be done in accordance with plans heretofore submitted by permittees and approved by the City Manager, under the supervision and direction of the City Manager, and in accordance with all applicable state and federal laws and regulations, and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressly conditioned on permittees' agreement to: Assume any and all liability for damages to persons or property which may result from the existence, location, installation, construction or maintenance of said geothermal water service; and Procure and maintain in force during the term of this permit a policy of liability insurance as set forth in the attached Insurance Schedule; and Pay on behalf of the City of Dubuque, all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the location, installation, existence, construction or maintenance of said geothermal water service sustained by any person or persons, caused by accident or otherwise to defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location, installation, existence, construction or maintenance of the geothermal water service and to pay reasonable attorney fees therefore; and Indemnify, defend and hold the City of Dubuque free and harmless from any and all claims, loss, liability and expense for death and/or injuries to third persons or damages to property of third persons, or for damage to any property of the City of Dubuque which may occur as a result of or in connection with the location, installation, existence, construction, maintenance and repair of the facility, work or improvement permitted herein. Section 4. That the permission herein granted is expressly conditioned upon permittees' further agreement that should the right and privilege herein granted be rescinded or revoked by the City Council, permittees, or their successors in interest, as owners of the abutting property, shall within ten (10) days after receipt of written notice from the City Manager, so to do, at their own expense, remove said geothermal water service and in the event of their failure to do so, the City of Dubuque shall be authorized to remove said geothermal water service at permittees' expense and dispose of the same, and the permittee shall have no claim against the City or its agents for damages resulting from the removal of said geothermal water service. Section 5. That permittees covenant and agree that the revocable permit herein granted does not constitute an approval of the design, erection, location, construction, repair or maintenance of said facility and said permittees hereby covenant and agree not to assert such claim or defense against the City of Dubuque in the event of claim asserted for death, personal injuries and/or property damage against the permittees arising out of or in any way connected with the location, installation, construction, design, repair and maintenance of the facility herein permitted. Section 6. This Ordinance shall become effective and the rights hereunder accrue to the geothermal water service when this Ordinance has been adopted by the City Council and the terms and conditions thereof accepted by permittees by acceptance endorsed on this Ordinance. Section 7. That the City Clerk be and she is authorized and directed to file at permittees' expense a copy of this ordinance in the Office of the Recorder in and for Dubuque County, Iowa. Section 8. Iowa One-Call registration is required by State Law and can be accomplished by calling 1-800-292-8989 and asking for Sharon Deyo. Submit documentation to the City Engineering Division of One-Call membership when received. Passed, approved and adopted this 5th day of February, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk 5th day of February ACCEPTANCE OF ORDINANCE NO. 7-O1 The undersigned having read and being familiar with the terms and conditions of Ordinance No. 7 -O1, hereby, for themselves, their successors or assigns, as owners of the abutting property, accept the same and agree to be bound by the conditions and agreements therein contained to be performed by permittees. /s/ By: John McDermott Title: Physical Plant Director Dated: 01/30/01 STATE OF IOWA DUBUQUE COUNTY { SS: CERTIFICATION OF PUBLICATION I, ~(AT~YHEFEL-60ETZIN~E~ a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify, t.~hat t~e attached notice was..l~ublished in said newspaper on the following dates /.~9 ~) ¢/"b~ .~ c.~ , 20 ~) ~ , and for which the charge is $ ~'~ ~'~, d/~' . Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this./r-~ .z~. day of~ ~/.o ~ ~,~'~/ 20 ~9~/. O0 < oz_ 0 01/3~/2001 15:S1 3195887083 LORAS COLLEGE PAGE 01 Lo ,As COLLEGE 1450 Alta Vista * P.O- BOx 178 · Dubuqt~, IA 52004-0178 - (3{ 9) 588-711X) J~u,~y30,2~l Terry Duggan/City Council Central Ave Dubuque, IA 52001 To Whom l~ May Cone, em: Loras College is requesting a construction ordinance for a geotl~,~d well which will service the new Academic Resource C~t~r located on the Lores Campus. The geothermal system utilizes the earth's cool ground temperatur~ to l~Ovide stable condensing and evaporating temperaRu~s for use ha the buildings HVAC system. Ge, othem~al system~ such as thcs~ ~esult ia significant energy savings. C~o~l w~ll # 2 Wl~ b~ located on a small parc~t of grass w~$t ofthe MeClea~ fa~ly parking lot o~ Al~a Vista Street. This water sy~m will extend along V~rnon Street to Alta Vista $1~t connecting with geothermal w~ll # 1 and continuing to the Thank you for your consideration on ~ matter. John McDermott Physical Plant Director Loras College CERTIFICATE OF LIABILITY INSURANCE 0 2 / 01/01 Arthur J. Gallagher & Company Attn: Ora Smith (630-285-4387) Two Pierce Place Itasca, IL 60143 Loras College Mr. Ken Tekippe, V.P. 1450 Alta Vista St. Dubuque, IA 52004 THIS CERTIFICATE IS ISSIJED AS A MATTER a~ INFORMATION ONLY AND CC~IFERS NO RIGH~ UPON THE CERTIFICATE HOLDER· THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSLIR ERS/~FORDING COVERAGE ~NSUn~:GuideOne Insurance INSU~ B:EBI Companies ]NSUR E~ C: INSUR EF~ D: COVERAGES A ~__~Nm~U~mU~'~ 1189691 06/01/00 06/01/01 EAOHOOOURR5NO5 ml,000,000 I CLAIMS MAD'--~ OOOUB MED EX~n¥ One per,~) $5 , 0 0 0 ! P~RSONAL~^~V,NJU~Y i$1, 000, 000 ~__ *Tnelimitsoflisbilityshovmm~HtheIimJtsatincegloll. i GENE~ALAGGR~GATE !$3, 000, 000 i~N'LAGS~ES^T.=U~TAPPU-~pEn: /%lhur J. Gallagha' & Co. does not assume any resp m~ibility i P~ODU,q,-S-CO~P/O"AS~I S3 ¢ 000 ¢ 000 A { ~XC~SUAmLi~~ 118969.2 06/01/00 i06/01/01 · ~ DEDUCTiDL_= I i-=MPLOYERSr L;A "zLIw } F-{- -~ASH AOOIOENT l$100 t'O00 D~CAIPT ON OF OPER&TJONSJLOOAT!ONSIV~HJOLE~IEXOLUS!ONS ADDED BY ~N DORSEM ENTJSPEOiAL PROViSiONS RE: New water well on Loras College property ~or a new dormitory with a tunnel under Alta Vista Street. CERTIFICATE HOI-DER j J AU DI130 NAL INSLIR~[D: !NS LIR ER L ETr~: C. ANCELLATION City of Dubuque Attn: Jane Smith , ACORO~S-S(7/97)I of 2 ~S26399/M18572 KND IMPORTANT If the certificate hdder is an ADDITIONAL INSURED, the i~olicy(ies)must be endorsed, A statement ~q this certificate does not cor/fer rights to the certificate holder in lleu of such endomement(s). ff SUBROGATION tS WArv'ED, subject to the terms and conditions of the p~licy, certain Fdicies may require an endom-~ment. A st~ement on this certi~cate does no[ confer rights to ~he certlf~ca~ ho~der in lieu of such endorsement(s). DISCLAIMER The Cert..cate of Insurance or] the reverse elde of this form does not c~nstitute a contract between the is._~ing insurer[s), authorized representative o¢ producer, and the certificate hddeq nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the [~x:~icies listed thereon. ~ACORD2S-$(7I~c/)2 Of 2 %~;26399/M18572 STATE OF IOWA DUBUQUE COUNTY SS: CERTIFICATION OF PUBLICATION I, ~(ATH¥ HEFEL-GOETZINfiE~ a Bill!ng Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; he.reby certify.pt t~,e attached notice wa~ublished in said newspaper on the following dates f-~ ~/ ~'b¢~9~/f~f~ / , 20 ~ / , and for which the charge is $~ ~ ~ ~'~, d~b~ / (/ ~ V Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, Notary Pul~cc in and for Dubuque County, I~(~a : ;,!Y ~."~OMMISSION EXPIR~'I ~ ORDINANCE NO. 7-01 AN ORDINANCE AUTHOR- IZING LORAS COLLEGE TO CONSTRUCT A GEOTHER- MAL WATER SERVICE NOW THEREFORE BE IT ORDANED BY THE CITY COUNCIL OF THE CITY oF DUBUQUE, IOWA: ~ Section 1. T~at Loras Col- lege as the owner of the premises known as Lores Collage, Dubuque, Iowa, and legally described as Loras I Coflege be and they are hereby granted the revocable permit and authority to con- struct and maintain a geo- thermal water service under- I the terms and Conditions set for[h in this Ordinance. Section 2. That such eon- strustion shall be done in accordance wi[h plans and heretofore submitted by per- mittess and approved by the City Manager, under the su- pervision and ~irection of the City Manager and in accor~ dance wth al applicable state and federal laws ~nd regula- 'dons, and the Ordinances of the City of Dubuque. ' Section 3. That the permis- ~sion herein granted is ex- presSly conditioned on per- mittees' agreement to: · a. Assume ~ny and all liability for damages to persons o~ property 'which may result from the existence, location, installaUon, construction ct maintenance of said geother- mai water Service; and , [ b. Procure and force during the term pepmit a policy Of liability insurance as set for[h in the f on behalf of the all sums which Passed, ap)proved ~ and adopted this 5th daY cf Feb- Att~! ,~,ayor ! /s/Jeanne F: Schneider, City Clerk ~ abutting~prop~rty, accept the Telegraph Herald the 9th day J / : City Clerk,I lt2/9 . i '~ STATE OF IOWA DUBUQUE COUNTY { S~ CERTIFICATION OF ! ~,ATHY H=r,-L~OETZ)N~E~ Commlmicafions, Inc., an Iowa corporation, newspaper of general circulation published Dubuque and State of Iowa; hereby certify th in said newspaper on the following dates __~ , 20 ~/ , and for wi Notary Pi Prepared by: Michael A. Koch, Public Works Director 208{ FEB -7 PM {2:29 Adding: 50 W. 13~ S~t, Dubuque, iA 52001~8~ ORDINANCE NO. 7-01 AN ORDINANCE AUTHORIZING LORAS COLLEGE TO CONSTRUCT A GEOTHERMAL WATER SERVICE NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Loras College as the owner of the premises known as Loras College, Dubuque, Iowa, and legally described as Loras College be and they are hereby granted the revocable permit and authority to construct and maintain a geothermal water service under the terms and conditions set forth in this Ordinance. Section 2. That such construction shall be done in accordance with plans heretofore submitted by permittees and approved by the City Manager, under the supervision and direction of the City Manager, and in accordance with all applicable state and federal laws and regulations, and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressly conditioned on permittees' agreement to: Assume any and all liability for damages to persons or property which may result from the existence, location, installation, construction or maintenance of said geothermal water service; and Procure and maintain in force dudng the term of this permit a policy of liability insurance as set forth in the attached Insurance Schedule; and Pay on behalf of the City of Dubuque, all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the location, installation, existence, construction or maintenance of said geothermal water service sustained by any person or persons, caused by accident or otherwise to defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location, installation, existence, construction or maintenance of the geothermal water service and to pay reasonable attorney fees therefore; and Indemnify, defend and hold the City of Dubuque free and harmless from any and all claims, loss, liability and expense for death and/or injuries to third persons or damages to property of third persons, or for damage to any property of the City of Dubuque which may occur as a result of or in connection with the location, installation, existence, construction, maintenance and repair of the facility, work or improvement permitted herein. Section 4. That the permission herein granted is expressly conditioned upon permittees' further agreement that should the dght and privilege herein granted be rescinded or revoked by the City Council, permittees, or their successors in interest, as owners of the abutting property, shall within ten (10) days after receipt of written notice from the City Manager, so to do, at their own expense, remove said geothermal water service and in the event of their failure to do so, the City of Dubuque shall be authorized to remove said geothermal water service at permittees' expense and dispose of the same, and the permittee shall have no claim against the City or its agents for damages resulting from the removal of said geothermal water service. Section 5. That permittees covenant and agree that the revocable permit herein granted does not constitute an approval of the design, erection, location, construction, repair or maintenance of said facility and said permittees hereby covenant and agree not to assert such claim or defense against the City of Dubuque in the event of claim asserted for death, personal injuries and/or property damage against the permittees arising out of or in any way connected with the location, installation, construction, design, repair and maintenance of the facility herein permitted. Section 6. This Ordinance shall become effective and the rights hereunder accrue to the geothermal water service when this Ordinance has been adopted by the City Council and the terms and conditions thereof accepted by permittees by acceptance endorsed on this Ordinance. Section 7. That the City Clerk be and she is authorized and directed to file at permittees' expense a copy of this ordinance in the Office of the Recorder in and for Dubuque County, Iowa. Section 8. Iowa One-Call registration is required by State Law and can be accomplished by calling 1-800-292-8989 and asking for Sharon Deyo. Submit documentat on to the City Engineering Division of One-Call membership when received. Passed, approved and adopted this 2001. Attest: hneider, City Clerk 5th day of February ACCEPTANCE OF ORDINANCE NO. 7 -O1 The undersigned having read and being familiar with the terms and conditions of Ordinance No. 7 *01, hereby, for themselves, their successors or assigns, as owners of the abutting property, accept the same and agree to be bound by the conditions and agreements therein contained to be performed by permittees. Dated: CERTIFICATE OF LIABILITY INSURANCE I o2/ol/ol ~rthur J. Gallagher & Company Attn: Ora Smith (630-285-4387) Two Pierce Place Itasca, IL 60143 Loras College Mr. Ken Tekippe, V.P. 1450 Alta Vista St. Dubuque, IA 52004 THIS ~r~iirlCATE i~ L~UEO A~ A MATTER OF IN~I=~XRMATION ONLY AND C(:~IFERS NO RIGHTS UPON THE C~TIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFC~IDED BY THE POUClES BELOW. INSURERS AFFORDING COVERAGE ~sun~GuideOne Insurance rNSUnE~ m EBI Companies 1189691 06/01/00106/01/01 The En~s ~ I~l~y ~o~ ~flec ~e I~ a/mcep~on. At,ur J. G~a~he~ & Co. d~es rlc~ ~,me a~y resp ~n~bi~ty 1711538 1189692 395072 06/01/00 06/01/01 06/01/00 06/01/01 06/01/00 06/01/01 ~^c~ occu~nc~ I s15,000, O0 ~a~a*Te I s15,000, O0 ~L. -2A¢, *OOIOENT isl00,000 =-L.O~S~S_=-mUCYU~,TI $500 ~ 000 RE: New water well on Lores College property for a new dormitory with a tunnel under Alta Vista Street. CE~¥i~iCJ~TE HOLDER ] ] AOD;~ONAL,NSURED:INSUR~ L~ CANCELI ATION City of Dubuque Attn: Jane Smith ac~o ~s-s (W9~31 of 2 ~S26399/Mt8572 KND e AC~D C~RPORATICN 19~ IMPORTANT If the certificate holderis an ADDITIONAL INSURED, the po~icy(ies)must be endorsed. As~atement o~ this certificate does not confer dghtstothe cer~cate ho/der ;n lieu ofsuch endorsement(s). If SUBROGAI'[ON IS WAIVED, subject to the terms and conditions of the ~:x:~b"y, certain p~icies may require an endomemenL A statement o~ this certiflr~, does not co.for dghts to the certificate hc~der in lieu of such endorsement(s). DISCLAIMER The Canfficete oflnsurance on the reverse side of this fo~'m doesnot c=:~stitute a co~tract between the issuing ilsurer(s), authorFzed representative or producer, and the ca~ ho~der, nor does it af~rmativ~y or negat~,e~y amend, extend or aJter the coverage afforded by the policies listed ~qereon. CERTIFICATE OF CITY CLERK · _.. STATE OF IOWA ) ..~'~'-CO~ITY OF DUBUQUE ) ~ I, J~a~ne F. Schneider, do hereby certify that I am the duty appointed, qualified, 7?, ,_ ~,. - . . ~and .a~ctmng Clerk of the Cmty of Dubuque, Iowa m the County aforesaid, and as ,~cl~-~lerk I 'have n my possessmn or have access to the records of the .~roceedings of the City Council. I do further state that the hereto attached Ordinance No. 7-01 is a correct copy of the original Ordinance No. 7-01 approved ~nd adopted by the City Council of the City of Dubuque, Iowa, at a session held by said Council on the 5th day of February, 2001. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa on this 6th day of February, 2001. L/Jeanne F. Schneider City Clerk City of Dubuque, Iowa Loras College - Geo-Thermal System - crossing public right-of-way Legal: Lot 29, 30, 31, 32, 33 & L2-L34 all Levins Add And L2- ML 90 & PT. ML 87