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Alliant Energy - Geothermal Construction Ordinance " . . . . . . . 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 . ~ . . 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 . 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/~ . . . . l1> E ;:: '" o ?;::j ./ Vl ,.... U ~ .. 0S1/28/2000 09:26 SHIUE HATTERT ~ 13195572257 NO. 722 [;1002 ,. PRO~CT NO. 1/.":1'-0. Sl-4EET NO. 4" SIDEWALK 6" SLAB wi 114 012- O.C. E. W. BOTTOM SD-4 1 of 1 '4 @ 12- O.C. EACH WAY o I Co 1'-4.W ]( e"D CONTINUOUS FTG. 4N SlAB ON GRADE WI '4 fJ 12" O.C. EACH WAY SlOPE AWAY FROM WELL o ~~HOLE SECTION ,..... ""' SIDEWALK o o o ~ ""- ,..... :"0< ""- co: '"" NEENAH R1537 OR EQUAL MANHOLE FRAME AND LID i.l.I ;- <( o (:) I ... (.;l S: ::::l .... I o ell /' C' ~ ./ c 5'-6" , ...... ~ @ ~.HOLE PLAN v (/l ~ v ; SHIVE ,HATTERY c.:. Rapids. IA .. Iowa CIty, IA .. Dee ~ IA MoIne, IL .. BIoomk _, L .. ChIcago, IL htlp: / /www.shive-haltery.com MANHOLE DETAIL ALUANT DUBUaue. IOWA DAli: g-27-00 SCAli: D~AWN coc nEUl BOOK APPROVED RE:V1Sl0N REF'EROlCE DRAWlNC J~ C L 3 7 tI- L 11; 13/ >J. ~ 15 C-I.-- 37 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. l-J' ~ At Jersey City, New Jersey 9001 Copies: White--Certificate Holder; Canary--AEGIS Insurance Services; Pink--Insured; Goldenrod--Broker . .. ~ .:~:>-::~ CITY OF DUBUQUE, IOWA MEMORANDUM . 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 '." ] ,.." .',. V! - """"jV) C \. .~" ;\'-11\" 0,-); ~ ~~_ ..," v . 6 E : I ~,~d 2 I 1:)0 aCI 0". . ........-'.-...' I j/\t.:;'.Jjd . .. . . . 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 . . . !J 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 . . . VJ1"p ....i1 I ^,~I'''\ I Lr~ i ~ 12162~ 2000 OCT r 6 PH 3: 50 KJ\THY FLYrj\i ":i~ll.iW . COUNTY R[CDfWEfI 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 ." . 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. ~ (] , (, '':; , v~, k',','1 ;:~;i:';: I!d;,;~;' .,: ~.' 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