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HomeMy WebLinkAboutMidAmerican Energy Company-9/10/2012PERMIT MIDAMERICAN ENERGY COMPANY PREMISES (MAYNARD SUBSTATION) FOR ACCESS ACROSS AND TEMPORARY WORK SPACE ON COMPANY OWNED PROPERTY Whereas, the City of Waterloo, Iowa ("City") desires to perform building maintenance to repair or improve its pumping station (the "Pumping Station") along the Cedar River and Virden Creek and adjacent to Premises (defined below) owned by MidAmerican Energy Company ("MidAmerican") to improve its facility; and Whereas, MidAmerican is agreeable to allowing City to access the Pumping Station through MidAmerican Premises to perform said work; Now, therefore, in consideration of the mutual covenants and promises contained herein, City and MidAmerican agree as follows: MidAmerican hereby grants to City (referred to herein as "Grantee"), for the purposes described in the recitals above, a permit for access across and upon MidAmerican's Maynard Substation Premises (the "Premises"), more particularly described as follows: Part of Lot 1, Auditor Bayou Plat in the Northwest Quarter of the Southeast Quarter (NW1/4SE1/4) of Section 23, Township 89 North Range 13 West of the 5th P.M. in the City of Waterloo, Black Hawk County, Iowa, as depicted on Exhibit "A" attached hereto and made a part hereof. Said Premises are located South of Lafayette Street and Northerly of the Cedar River. This grant is made upon the following terms and conditions: 1. This Permit will be effective during a period beginning , 2012 and ending no later than , 201_. The actual date(s) of any work to be conducted on the Premises will be coordinated with MidAmerican. Grantee will provide reasonable advance notice, at least 5 days prior to the start of activities, to MidAmerican prior to entering the Premises. In the event that the Grantee's proposed work schedule may conflict with MidAmerican's activities, MidAmerican shall promptly notify Grantee, and Grantee will make reasonable adjustments to its work schedule to avoid such conflict. 2. Grantee agrees said Permit to the Premises is provided only for access to the adjacent Cedar River and Virden Creek waterway and to perform necessary maintenance and improvements at the pumping station. Grantee shall comply with all federal, state, and municipal laws, rules regulations, and ordinances and will conduct the clearing work and related activities in a manner that will minimize any disturbance to the operations of MidAmerican. Grantee shall secure and pay for all third party or governmental permits, approvals, easements, licenses, or inspections prior to accessing or utilizing the Premises. 3. Grantee shall be responsible for determining all utility locations, including contacting Iowa One Call for underground utility locates, prior to accessing the Premises or undertaking any work in the area. In the event the Premises cannot be utilized in a safe manner, Grantee will notify the local MidAmerican representative and cease work or use of the Premises until suitable safety arrangements can be made. In the unlikely event the work cannot be safely performed in a manner reasonably satisfactory to MidAmerican, Grantee will conclude its activity under this Permit. 4. The maintenance and improvement work to be conducted under this Permit may be conducted by Grantee, or by use of a commercial contractor, subject to written notice to MidAmerican and obtaining MidAmerican's prior written approval, which shall not be unreasonably withheld, conditioned or delayed. MidAmerican shall be apprised of the schedules of Grantee and its contractor, or changes to the schedule, in a timely manner. If Grantee elects to use a commercial contractor to perform the work, Grantee shall ensure that the said contractor agrees to comply with the terms and conditions set forth in this Permit, and Grantee shall continue to be liable for all terms and conditions of this Permit and bear full responsibility for the contractor's compliance therewith. 5. All Grantee and contractor expenses shall be the responsibility of Grantee. Grantee shall not disclose information acquired while on MidAmerican Premises, to any other party, unless agreed to by MidAmerican. 6. MidAmerican may designate a representative to accompany Grantee's personnel while on the Premises. 7. Grantee agrees that in performing the work described herein, all material and equipment utilized by Grantee or its contractor shall be removed from the Premises upon the completion of the activities authorized by this Permit and the Premises shall be restored as nearly as practical to its original condition as found immediately preceding the beginning of the activities authorized by this Permit. 8. Grantee will at all times exercise reasonable diligence and care in preventing damage to the Premises and property of MidAmerican, and if by reason of Grantee's activities damage is caused to any of the Premises or property of MidAmerican or others, Grantee will repair or pay for such damage. Grantee agrees to assume any and all risk of damage, loss or destruction to any of its property, or to that of its contractor, brought onto the Premises, caused by the negligent or willful acts or omissions of Grantee or its contractor. Grantee agrees to indemnify defend and hold harmless MidAmerican from and against all damages, claims, loss or liability (including reasonable attorney fees) on account of damage to Premises, property, bodily injury or death, or personal injury of any person or persons arising out of or connected with Grantee's or its contractor's entry onto the Premises or activities under this Permit. 9. Grantee shall, prior to the commencement of any activity pursuant to this Permit, deliver to MidAmerican certificates of insurance evidencing valid coverage in effect for the term of this Permit, with minimum terms, coverages, and limits as set forth in Exhibit B, attached hereto and incorporated herein by this reference. 10. If Grantee is in material breach of the terms of this Permit, MidAmerican may notify Grantee in writing of such breach, and thereupon Grantee shall have 10 days to cure said breach, and if said cure is not made the MidAmerican may cancel this Permit. In the event of cancellation, Grantee shall vacate the Premises and promptly restore said Premises to its original condition. WHEREFORE, the parties have executed this Permit on the date entered below. ("MidAmerican") ("Grantee") Mid • ,, • ican Energy Co 1,1 ; any City of Wa an Aro By: s.Era, By: Title: Vice President - Compliance & Standards Title: Date: 6n-27- (Z Date: EXHIBIT B INSURANCE REQUIREMENTS The Grantee shall maintain the following insurance: A. Workers' Compensation Insurance and Occupational Disease Insurance in accordance with statutory requirements of the state and/or Federal Regulations (e.g., FELA, USL&H, Jones Act, as applicable) and Employers' Liability Insurance with limits of not less than: Bodily Injury by Accident $500,000 Each Accident Bodily Injury by Disease $500,000 Policy Limit Bodily Injury by Disease $500,000 Each Employee covering location of all work places under the Permit. B. The most recently approved ISO Commercial General Liability Insurance policy, or its equivalent, written on an Occurrence Basis, with limits of $1,000,000.00 per occurrence/aggregate(on a per location or per job basis) Bodily Injury and Property Damage, including the following coverages. 1. Premises and Operations Coverage 2. Independent Contractor's Coverage 3. Contractual Liability covering liabilities assumed under this Permit 4. Products and Completed Operations Coverage 5. Coverage for explosion, collapse, and underground property damage 6. Broad Form Property Damage Liability 7. Personal Injury Liability, with the contractual exclusion removed 8. Sudden and Accidental Pollution Liability, as appropriate C. The most recently approved ISO Business Automobile Liability Insurance policy, or its equivalent, covering owned, hired and non -owned vehicles with limits not less than $1,000,000 each accident Bodily Injury and Property Damage combined, including Sudden and Accidental Pollution Liability, as appropriate. D. Umbrella Liability Insurance with a minimum limit of $5,000,000 each occurrence/aggregate where applicable to be excess of the coverages and limits required in A., B., and C. above. Grantee shall notify MidAmerican, if at any time its full umbrella limit is not available during the term of this Permit, and will purchase additional limits, if requested by MidAmerican. E. Environmental Impairment Liability Insurance with limits of $2,000,000 per occurrence/$2,000,000 aggregate. The Grantee shall, on or prior to the date Work commences, deliver to MidAmerican certificates of insurance evidencing valid coverage in effect as specified above. All of the above described insurance policies shall contain provisions that the insurance companies will have no right of recovery or subrogation against MidAmerican, its parent, divisions, affiliates, subsidiary companies, co -lessees, or co -venturers, agents, directors, officers, employees, servants, and insurers, it being the intention of the parties that the insurance as effected shall protect all parties, and the Grantees insurance carrier shall be primarily responsible for any and all losses covered by the described insurance. With respect to only the activities of Grantee arising out of the "PERMIT MIDAMERICAN ENERGY COMPANY PREMISES (MAYNARD SUBSTATION, WATERLOO, IOWA)" MidAmerican, its parent, divisions, affiliates, subsidiary companies, co -lessees, or co -venturers, agents, directors, officers, employees, and servants shall be named as an additional insured in each of Grantee's insurance policies, except statutory Workers' Compensation. CAM] B2 — R3 © BAYLEY =MOWS q o