HomeMy WebLinkAboutA006 - Letter from Alliant agreeing not to bill City for damage to IPL facilities A L L I A N T ENERGY,. Alliant Energy Corporation
August 26, 2009 Alliant Tower200 First Street SE
RO.Box 351
Cedar Rapids,IA 52406-0351
Office:319.398.4411
Mayor and City Council www.alliant-energy.com
City of Ames
c/o City Clerk
515 Clark Avenue
PO Box 811
Ames, IA 50010
Dear Mayor and Members of the City Council,
I am writing on behalf of Interstate Power and Light Company (IPL) to address
our understanding and agreement with the City not to bill the City for damage to
IPL facilities under certain limited circumstances.
During negotiations between the City and IPL, each of us acknowledged the
close proximity of our facilities to each other within the public right-of-way. We
further acknowledged that both the City and IPL are committed to ensuring the
safety of our activities, as well as those of our contractors.
We understand that in certain situations City employees may damage IPL
facilities in the exercise of their activities within the public right of way. IPL
agrees that in such instances, we will not bill the City for such damage assuming:
(a) such damages were not willful or intentional; (b) IPL was promptly notified of
such damage after damage became apparent to the City, and afforded an
opportunity to repair the facility; and (c) the City has complied with the
requirements of Iowa Chapter 480 (or any successor statute or regulation related
to utility location and notification).
Please note that this arrangement will only apply to damage to IPL facilities by
City employees, and will not apply to damages to third parties or to incidents
involving third party damage or bodily injuries. In no way shall this arrangement
be used as a waiver of (or defense against) the right to IPL to assert a claim
against the City or its contractors for indemnity or contribution to the extent a
claim arises which falls outside of the limited scope of this agreement, and
subject to the terms and conditions of the franchise agreement.
We will agree to maintain this practice so long as the Franchise Agreement is in
place, with the understanding that we will continue to work cooperatively with the
City to minimize the risks of any incidents involving damage to either party's
facilities and will discuss and address specific safety issues that are raised.
The intent in offering this language is to ensure that in the event there are line
hits that IPL receives prompt notification so that we can mitigate any damage or
potential third-party claims related to the incident.
Thank you for your consideration.
Ve truly yours,
Vern Gebhart
Vice President - Energy Delivery - Operations West
(319) 786-4765
cc: Jeff Rosencrants
Scott Jones