Alliant Energy - Geothermal Construction Ordinance
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ORDINANCE NO. 95-00
AN ORDINANCE AUTHORIZING ALLlANT ENERGYIINTERSTATE
POWER TO CONSTRUCT A GEOTHERMAL SYSTEM
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. ThatAlliant Energy/Interstate Power as the owner ofthe premises known
as 1000 Main Street, Dubuque, Iowa, and legally described as CL37 and Lots A, B, and
C of CL 37 be and they are hereby granted the revocable permit and authority to construct
and maintain a geothermal system 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:
a. 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 system; and
b. 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
c. 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
system 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 geothermal system and to pay reasonable
attorney fees therefor; and
d.
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
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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 system
and in the event of their failure to do so, the City of Dubuque shall be authorized to remove
said geothermal system 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 system.
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 Alliant Energy 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.
Passed, approved and adopted this 16th
October
,2000.
Terrance M. Duggan, Mayor
Attest:
Jeanne Schneider
City Clerk
.
ACCEPTANCE OF ORDINANCE NO.
95
-00
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The undersigned having read and being familiar with the terms and conditions
of Ordinance No. 95 -00 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.
By: y~L K, 5:.Lr
Title: President, Interstate Power Co.
Dated: IrJ/~
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0S1/28/2000
09:26
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MANHOLE DETAIL
ALUANT
DUBUaue. IOWA
DAli: g-27-00 SCAli:
D~AWN coc nEUl BOOK
APPROVED RE:V1Sl0N
REF'EROlCE DRAWlNC
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Farm I? (Additional Insured)
Certificate Number: 664-00-A2
ASSOCIATED ELECTRIC & GAS INSURANCE SERVICES LIMITED
Hamilton, Bermuda
.
CERTIFICATE OF INSURANCE
(Excess Liability)
This Certificate is furnished to the Certificate Holder named below as a matter of information only.
Neither this Certificate nor the issuance hereof or modifies the policy of insurance identified below (the
"Policy") in any manner. The Policy terms are solely as stated in the Policy or in any endorsement
thereto. Any Amendment, change or extension of the Policy can only be effected by a specific
endorsement issued by the Company and attached to the Policy.
The undersigned hereby certifies that the Policy has been issued by Associated Electric & Gas
Insurance Services Limited (the "Company") to the Named Insured identified below for the coverage
described and for the policy period specified.
Notwithstanding any requirements, terms or conditions of any contract or other document with respect
to which this Certificate may be issued or to which it may pertain, the insurance afforded by the Policy
is subject to all the terms of the Policy.
NAME OF INSURED: Alliant Energy Corporation and Interstate Power Company
PRINCIPLE ADDRESS: 1000 Main Street Dubuque, Iowa 52004-0769
POLICY
NUMBER: X0664A1AOO
POLICY
PERIOD
From:
To:
4/21/2000
4/21/2003
RETROACTIVE DATE: 11/15/86
. DESCRIPTION OF COVERAGE: Claims-First-Made Excess Liability Policy covering claims for
Bodily Injury, Property Damage and Personal Injury arising from the operations described
below. Excess General Liability, Automobile Liability and Employers Liability, including Blanket
Contractual Liability.
Limit of
Liability:
$ 5,000,000.00
per occurrence and in the aggregate, where applicable.
ADDITIONAL
INSURED:
The Certificate Holder is an additional Insured under the Policy but only (I) to such
extent and for such Limits of Liability (subject always to the terms and Limits of
Liability of the Policy) as the Named Insured has agreed to provide insurance for
the Certificate Holder under the following contract: For acts arising out of the
activities of the named insureds.
and (ii) with respect to the following operations:
Should the Policy be cancelled, assigned or changed in a manner that is materially adverse to the
Insured(s) under the Policy, the undersigned will endeavor to give 10 days advance written notice
thereof to the Certificate Holder, but failure to give such notice will impose no obligation or liability of
any kind upon the Company, the undersigned or any agent or representative of either.
DATE:
October 10, 2000
ISSUED TO:
City of Dubuque, Iowa
("Certificate Holder")
.
ADDRESS:
13th and Central
Dubuque, Iowa 52004
BY:
AEGIS INSURANCE SERVICES, INC.
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At Jersey City, New Jersey
9001 Copies: White--Certificate Holder; Canary--AEGIS Insurance Services; Pink--Insured; Goldenrod--Broker
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CITY OF DUBUQUE, IOWA
MEMORANDUM
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October 12, 2000
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Construction Ordinance - Alliant Energy Geothermal System
Public Works Director Mike Koch is recommending approval of a request from Alliant Energy
to construct a geothermal heating and cooling system serving their facility at 1 000 Main
Street using the public right-of-way.
.
I concur with the recommendation and respectfully request Mayor and City Council approval.
Mi~JM~~::JL
MCVM/ksf
attachment
cc: Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Mike Koch, Public Works Director
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CITY OF DUBUQUE, IOWA
MEMORANDUM
October 1 0, 2000
TO: Michael C. Van Milligen, City Manager
FROM: Michael A. Koch, Public Works Director:1'\1 ~'\'\&
SUBJECT: Construction Ordinance - Alliant Energy
Geothermal System
INTRODUCTION
The following is in response to an October 9, 2000 request of Alliant Energy to install
a geothermal heating and cooling system for its facility at 1000 Main. The manhole
section for the well is to be constructed in the City public right-of-way. The top of the
manhole lid will be at the level of the sidewalk.
DISCUSSION
Alliant Energy is updating the heating and cooling system during its facility remodeling
at 1 000 Main.
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.
RECOMMENDA TION
The construction ordinance provides for a revokable permit and further requires Alliant
Energy to assume all liability , defend the City, and hold the City harmless of any claims
which 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
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ALLlANT ENERGY,.
Alliant Energy Corporation
1000 Main Street
P.O. Box 769
Dubuque, IA 52004-0769
October 9, 2000
Office: 319.582.5421
www.alliant-energy.com
Honorable Mayor and City Council
City Hall
50 W 13th
Dubuque, IA 52001
Re: Installation of Geo- Thermal System
Dear Honorable Mayor and City Council
Alliant Energy is requesting use of the City's public right-of-way to facilitate installation
of a geo-thermal system for our building at 1000 Main St.
The building renovation involves updating the heating and cooling through a geo-thermal
system which has been approved by the Department of Natural Resources. The work
would include installation of a manhole section on 10th St with discharge into the storm
sewer system. The manhole would be flush with the public sidewalk and meet City
requirements.
Attached is the construction ordinance, drawing and certificate of insurance, along with
this letter of request for your consideration.
Sincerely,
~U#V7l::>
Tom Davis
Facility Coordinator
Alliant Energy
Cc: Dale Sharp
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12162~
2000 OCT r 6 PH 3: 50
KJ\THY FLYrj\i ":i~ll.iW
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DUBUQUE CO.. IOWA fEES I W
I;J- (iI. cJU
Prepared by: Mike Koch, City of Dubuque, 50 West 13th, Dubuque, lA, (319) 589-4270
ORDINANCE NO. 95 -00
AN ORDINANCE AUTHORIZING ALLlANT ENERGY/INTERSTATE
POWER TO CONSTRUCT A GEOTHERMAL SYSTEM
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. ThatAlliant Energyllnterstate Power as the owner of the premises known
as 1000 Main Street, Dubuque, Iowa, and legally described as CL37 and Lots A, B, and
C of CL 37 be and they are hereby granted the revocable permit and authority to construct
and maintain a geothermal system 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:
a. 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 system; and
b. 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
c. 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
system 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 geothermal system and to pay reasonable
attorney fees therefor; and
d.
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 system
and in the event of their failure to do so, the City of Dubuque shall be authorized to remove
said geothermal system 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 system.
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 Alliant Energy 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.
Passed, approved and adopted this 16th
October
,2000.
Attest:
~
~eanne F. Schneider, City Clerk
."
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ACCEPTANCE OF ORDINANCE NO.
95
-00
The undersigned having read and being familiar with the terms and conditions
of Ordinance No. 95 -00 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.
By:
~A~R, Dart
President, Interstate Power Co.
Title:
Dated: I ~,0./""""
.
.
. Form B (Addftionallnsured)
Certificate Number: 664-00-A2
.
ASSOCIATED ELECTRIC & GAS INSURANCE SERVICES LIMITED
Hamilton, Bermuda
CERTIFICATE OF INSURANCE
(Excess Liability)
This Certificate is furnished to the Certificate Holder named below as a matter of information only.
Neither this Certificate nor the issuance hereof or modifies the policy of insurance identified below (the
"Policy") in any manner. The Policy terms are solely as stated in the Policy or in any endorsement
thereto. Any Amendment, change or extension of the Policy can only be effected by a specific
endorsement issued by the Company and attached to the Policy.
The undersigned hereby certifies that the Policy has been issued by Associated Electric & Gas
Insurance Services Limited (the "Company") to the Named Insured identified below for the coverage
described and for the policy period specified.
Notwithstanding any requirements, terms or conditions of any contract or other document with respect
to which this Certificate may be issued or to which it may pertain, the insurance afforded by the Policy
is subject to all the terms of the Policy.
NAME OF INSURED: AIliant Energy Corporation and Interstate Power Company
PRINCIPLE ADDRESS: 1000 Main Street Dubuque, Iowa 52004-0769
POLICY
NUMBER: X0664A1AOO
POLICY
PERIOD
From: 4/21/2000
To: 4/21/2003
.
RETROACTIVE DATE: 11/15/86
DESCRIPTION OF COVERAGE: Claims-First-Made Excess Liability Policy covering claims for
Bodily Injury, Property Damage and Personal Injury arising from the operations described
below. Excess General Liability, Automobile Liability and Employers Liability, including Blanket
Contractual Liability.
Limit of
Liability:
$ 5,000,000.00
per occurrence and in the aggregate, where applicable.
ADDITIONAL
INSURED:
The Certificate Holder is an additional Insured under the Policy but only (I) to such
extent and for such Limits of Liability (subject always to the terms and Limits of
Liability of the Policy) as the Named Insured has agreed to provide insurance for
the Certificate Holder under the following contract: For acts arising out of the
activities of the named insureds.
and (ii) with respect to the following operations:
Should the Policy be cancelled, assigned or changed in a manner that is materially adverse to the
Insured(s) under the Policy, the undersigned will endeavor to give 10 days advance written notice
thereof to the Certificate Holder, but failure to give such notice will impose no obligation or liability of
any kind upon the Company, the undersigned or any agent or representative of either.
DATE:
October 10, 2000
ISSUED TO:
City of Dubuque, Iowa
13th and Central
Dubuque, Iowa 52004
("Certificate Holder")
.
ADDRESS:
BY:
AEGIS INSURANCE SERVICES, INC.
1J'~
At Jersey City, New Jersey
9001 Copies: White-Certificate Holder; Canary--AEGIS Insurance Services; Pink--Insured; Goldenrod--Broker
.
CERTIFICATE OF CITY CLERK
STATE OF IOWA
COUNTY OF DUBUQUE
I, Jeanne F. Schneider, do hereby certify that I am the duly appointed,
qualified, and acting Clerk of the City of Dubuque, Iowa in the County
aforesaid, and as such Clerk I have in my possession or have access to the
records of the proceedings of the City Council. I do further state that the
hereto attached Ordinance No. 95-00 is a correct copy of the original
Ordinance No. 95-00 approved and adopted by the City Council of the City of
Dubuque, Iowa, at a session held by said Council on the 16th day of October,
2000.
In Testimony Whereof, I hereunto set my hand and official seal of the City of
Dubuque, Iowa.
. Dated at Dubuque, Iowa on this 18th day of October, 2000.
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0~anne F. Schneider
City Clerk
City of Dubuque, Iowa
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