HomeMy WebLinkAboutR-2011-083 Water line Construction MAWC RESOLUTION NO. R-2011-083
A RESOLUTION APPROVING WATER LINE CONSTRUCTION AGREEMENT WITH
MISSOURI AMERICAN WATER COMPANY FOR INSTALLATION OF A NEW WATER MAIN
ALONG NORTHWOOD ROAD.
WHEREAS, the Board of Aldermen have approved the construction of improvements to
Northwood Road north of Highway 9; and
WHEREAS, in connection with the installation of such roadway improvements, it is
necessary and desirable to install a new water main along Northwood Road at an estimated
cost of $248,767.05 to the City; and
WHEREAS, the parties desire to establish the rights and responsibilities of the City and
Missouri American Water Company with respect to the installation of such water main and the
Board of Aldermen find it is in the best interest of the City to approve the Agreement in
substantially the same form as set forth in Exhibit "A" attached hereto;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE
CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
THAT an Agreement between Missouri American Water Company and the City of
Riverside in substantially the same form as set forth in Exhibit "A" attached hereto is hereby
approved and authorized; and
FURTHER THAT the City Administrator, Mayor and/or Finance Director are hereby
authorized to execute all documents necessary or convenient to carry out the terms and
conditions of such agreement and the City Clerk is authorized to attest thereto.
PASSED AND ADOPTED by t e�oard of Aldermen and APPROVED by the Mayor of
the City of Riverside, Missouri, the ���day of October, 2011.
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Mayor Kathleen L. Rose
ATTEST:
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City Clerk Approved as to Form:
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"DEVELOPER-LAY/TURNKEY" AGREEMENT
TABLE OF CONTENTS
1. CHARGES TO DEVELOPER
2. ADVANCE PAYMENT AND OFFSETTING CREDITS
3. ACCEPTANCE OF AGREBMENT
4. DEVELOPER CONSTRUCTION REQUIREMENTS AND ACCEPTANCE
OF COMPANY'S STANDARD SPECIFICATIONS
5. FIRE HYDRANT INSTALLATION REQUIREMENTS
6. INCREASED MAIN SIZE REQUIREMENTS AND COMPANY'S CONTRIBUTION
REQUIREMENTS �
7. ADDITIONAL MAIN INSTALLATIUN REQUIRENIENTS AND COMPANY'S I
CONTRIBUTION REQUIREMENTS �
8. ADDITIONAL ACCEPTANCE REQLJIREMENTS I
9. ADDITIONAL REFUNDS FROM COMPANY FOR CUSTOMER CONNECTIONS
10. MISCELLANEOUS PROVISIONS
11. INSPECTION OF CONSTRUCTICIN 13Y COMPANY LIMITED TO CONTRACTUAL
COMPLIANCE
12. ADDITIONAL OPTIONS WHICH DEVELOPER MAY REQUEST
A. Letter of Credit in Lieu of Lien Waivers
B. Cash Deposit Alternative to Letter of Credit Requirements
13. ASSIGNMENT OF REFUNDS
1 Form: B MAWC 9/30/04
AGREEMENT
Contract Number: 53765995
Date Offered: September 7. 2011
(Expires unless accepted and returned within 30 days.
Acceptance date must be entered on signature page. This
expiration may be waived by written endorsement by
Missouri-American Water Company.)
THIS AGREEMENT is of the above date between Missouri-American Water Company
("Company") and the following individual or entity ("Developer") for the inspection and subsequent
acceptance by Company of water mains and related facilities ("Main Installation") to be installed in the
following described area by an independent contractor of Developer's choosing:
Developer's Name: City of Riverside-Missouri
Address: 2950 NW Vivion Road
Riverside, MO 64150
Location of Main Insta7lation: Northwood-Parkville
Total Estimated Footage covered by this Agreement: 2,370
NOW, THEREFORE, in consideration of the mutual covenants herein contained, Developer and
Company agree as follows:
1.
CIIARGES TO DEVELOPER
Developer agrees to pay Company five percent (�%) of the total actua] cost of the construction and
installation of the Main Installation to cover the cost of the Company's intemal engineering,
inspection, administrative (including overhead) and legal cost. Developer agrees to pay any costs the
Company incurs involving making connections to the Company's existing facilities for the Main
Installarion.
2.
ADVANCE PAYMENT AND OFFSETTING CREDITS
A. Estimated Char�es and Credits. Developer herewith assigns to the Company pipe extension credits
due to Developer and Company under paragraphs 7 and 8("Total Credits"). Total Credits will
offset the total Estimated Costs due Company- shown below ("Estimated Costs"). Estimated Costs
are calculated at five percent (5%) of the estimated cost of the Main Installation to pay the costs of
Company's intemal engineering, inspection, administrative (including overhead) and legal cost.
If Total Credits will be insufficient to pay the total Estimated Costs due Company, Developer must
pay the difference at the time of acceptance of this Agreement. If Total Credits are in excess of the
2 Form: B MAWC 9/30/04
Estimated Costs, the excess will be eligible for refund after estimates are adjusted to actual cost by
fiarther payment or refund as described in B. below. Do not pay if amount indicated is negative or
in brackets.
a. Total Estimated Costs due Company $11,846A�
B. Cortection Of Estimates And Tota] Credits To Reflect Actual Costs Estimated Costs of the work
and materials provided by Company described in Paragraph A plus any costs Company incurs
making connections to the Company's existing facilities for the Main Installation shall be adjusted
to actua] cost as soon as reasonably possible following completion of all work and calculations by
Developer and Company. If total payments from Developer plus Developer's Total Credits exceed
the amount Developer owes Company for actual costs of the Main Installation, refunds shall be
paid to Developer. If the opposite is true, further payment will be due from Developer. Payments
due from Developer must be received prior to acceptance of the Main Installation by Company.
3.
ACCEPTANCE OF AGREEMENT
This Agreement shall become a contract and the Date of Acceptance shall be determined when the
Agreement is returned to the Company fully executed with the following:
1. Payment by check or cash of the Estimated Cost indicated in Paragraph 2A; and
4.
DEVELOPER CUNSTRUCTION REQUIREMENTS
AND ACCEPTANCE OF COMPANY'S STANDARD SPECIFICATIONS
A. Developer shall cause to be constructed at its expense such water transmission and distribution
mains and other facilities required for the Main Installation. To accomplish the foregoing,
Developer agrees to prepare all plans and specifications for the required Main Installation, which
shall be in accordance with Company specifications in respect to materials design, and its
engineering and operating practices. To ensure conformity therewith, Developer shall employ a
professional engineer registered in the State of Missouri, acceptable lo Company, who shall make a
preliminary study and drawing of the proposed Main Installation. Developer shall submit to
Company such study, drawing, and its plans and specifications, together with two approved plats of
the construction area which plats shall delineate the easements required for the Main Installation.
The cost of any such easements shall be borne by Developer.
B. Company shall promptly review the preliminary drawing, plans, specifications and plats, and shall
notify Developer in writing of its approval thereof, subject to modifications, if any, which shall be
set out in said notice.
C. Upon fina] approval of the drawing, plans, specifications and plats, Developer shall provide
Company with the name of its proposed contractor and the proposed construction cost of the Main
Installation. Construction of the Main Installation shall not begin until Company shall have
notified Developer, in writing, of its approval of both the contractor and the construction costs, and
then only after the site on which they are to be installed has been graded to the extent specified by
Company.
3 Form: B MAWC 9/30/04
D. Developer shall construct and install the Main Installation in accordance with the plans,
specifications and drawing previously approved by the Company. Any relocation required as a
result of changes in grade, easements or other causes shall be paid for by the Developer. All
phases of the construction work and Main Installation sha11 be open at all times to inspection by
Company,
E. It is understood that in the construction and installation of the Main Installation, Developer, its
contractors and agents are independent contractors and are not acting as the agents or employees of
Company.
F. Developer shall permit Company to inspect and approve all work during and after construction.
G. Before construction of the Main Installation covered by this Agreement can begin, the Developer
shall provide the Company's inspectar with a copy of the necessary pernut(s) for any construction
work that must be performed within any State, County, City or railroad right-of-way.
Developer accepts Company's Standard Water Main Installation Details
�Ye�
�L! Developer accepts Company's Approved Subdivision Water Main Layout.
(Ye /9 no)
(y /� Developer accepts Company's Standard Specifications for Installation of Water
Facilities.
NOTE: If Developer answers "No° to any of the foregoing, Developer must submit alternatives to
Company and must obtain approval prior to requesting an inspector for initiation of construction.
5.
FIRE HYDRANT INSTALLATION REQUIREMENTS
Developer shall install, at locations specified by appropriate fire authorities, fire hydrants in accordance
wZth Company's standards.
6.
INCREASED MAIN S1ZE REQUIREMENTS AND
COMPANY'S CONTRIBUTION REQUIREMENTS
In situations where Company's future needs require a larger size water main than the size Company
detertnines that Developer requires for the needs of its development, Company will credit to
Developer, for potential refund under the provisions of Paragraph 2, the difference between Company's
and/or Developer's total costs for installing the respective sizes of pipe. Final determination for
determining this credit will be at the sole discretion of the Company. Company's present cost
differentials and the differentials which, under this Agreement, Company will credit to Developer
when Developer is required to a.nd does install larger size water mains than those that Company
determines are otherwise needed for this development will be the following:
THTS SECTION APPLICABLE NO (indicate "yes" or "no").
4 Form: B MAWC 9/30/04
SIZE COST FOOTAGE
SIZE TO BE OTHERWISE P�R FOOT ESTIMATE
INSTALLED NECESSARY DIFFERENTIAL (SEE*) TOTAL
12" 6�� $ $
12" 8 �� $ $
g �� 6 �� $ $
TOTAL $
(*Actual footage to be used in final calculation of Company's credit to Developer).
7.
ADDITIONAL MAIN 1NSTALLATION REQUIREMENTS
AND COMPANY'S CONTRIBUTION R�QUIREMENTS
In situations where Company requires additional pipe footage and/or fire hydrants beyond that
which the Developer requires for the needs of its development, Developer may herewith commit to
install the pipe and fire hydrants and the Company will credit to Developer, for poteniial refund under
the provisions of Paragraph 2.
THIS SECTION APPLICABLE NO (indicate "yes" or "no").
SIZE TO BE FOOTAGE COST
INSTALLED ESTIMATE* PER FOOT TOTAL
6 " $�_ $
8" $
;n I_�_ $
12" $ n ( a $
— $ $
TOTAL $
(*Actual footage to be used in final calculation of Company's Credit to Developer.)
8.
ADDITIONAL ACCEPTANCE REQUIREMENTS
A. All Developer's rights, title and interest to the water pipe, fire hydrants, valves and appurtenant
facilities installed under the terms of tlus Agreement are herewith tendered to the Company, its
successor and assigns. Company will accept the Main Installation into its distribution system and
so notify Developer in writing, if and when Developer demonstrates to Company's satisfaction that
all pipes are chemically and bacteriologically clean, and otherwise conform to all Company
standards, and after all other preconditions herein specified have been met.
B. The Main Installation must be installed in easement(s) unless otherwise approved by the Company.
Developer must provide an instrtunent of conveyance to Company of a11 easements needed for the
Main Installation that have not already been conveyed to Company by deed or recorded plat. The
instrument of conveyance must be in a form and substance satisfactory to Company.
5 Form: B MAWC 9l30/04
C. The Developer shall provide lien waivers and invoices from all suppliers (including but not limited
to pipe, fittings, concrete, backfill, pavement materials, etc.), subcontractors and engineers, and
unit price pipe costs on a per-foot basis. If any lien waivers for the work described in Paragraph 7
are not available to the Company at the time of Company's acceptance of the Main Installation, an
additional Letter of Credit of a form approved by Company, may be issued to Company in an
amount equal to the total dollars described on the associated invoices. (See ADDITIONAL
OPTIONS THAT DEVELOPER MAY REQUEST, Sea 12 herein). The Developer shall warrant
all construction and all mains and easements to be free of encumbrances at transfer and free from
defects for a period of one year from date of Company's acceptance. All easements outside the
Developer's property shall be restored to the Company's reasonable satisfaction prior to the
acceptance of the Main Installation. If weather conditions prohibit restoration of said easements,
the Company may require a cash deposit equal to Company's reasonable approximation of
, restoration costs. This cash deposit is refundable when the restoration is completed by the
Developer to the reasonable satisfaction of the Company. In the event the restoration is not
performed in a timely manner as determined by the Company, the Company shall use the cash
deposit to the extent necessary to restore the easement. Any remaining deposit amounts will be
refunded to Developer, but any additional amounts needed may be drawn against amounts
available to Company under Section 10 herein. Any repairs to mains, hydrants or appurtenances
required during the warranty period shal] be performed by Company at Developer's expense.
Repairs other than to mains, hydrants or appurtenances during the warranty period or far
consequential damage shall be the responsibiliTy of Developer but if said repairs, including any site
restoration costs, are not made after due notice by Company, Company or Company's agents shall
make said repairs at Developer's expense. All costs incurred by the Company as a result of repairs
to the Main Extension and any consequential damages, including but not limited to site restoration
costs, that occur during said one year warranty period will be invoiced to the Applicant by
Company. The Applicant agrees to pay said invoice within thirty (30) days of receipt of the
invoice. Modifications to the water system necessitated by changes in the plan of development by
Developer (grading, alignment, etc.) shall be paid for by Developer.
D. Any amounts due Company from Developer under this Agreement which Developer fails to pay
after due notice or which may exceed the aforedescribed Letter of Credit/Maintenance Bond may
be deducted from refunds due Developer at Company's option.
9.
ADDITIONAL REFUNDS FROM COMPANY FOR CUSTOMER CONNECTIONS
Refunds shall be made to Developer pursuant to the applicable Rules of Company's filed Rules and
Regulations in effect at the date of this Agreement; the maximum amount of said refunds shall be the
Developer's documented actual costs of the Main Installation, excluding public fire hydrant costs. If
the Company transfers any "existing" customer water service connections (taps) to the Main
Installation described in this Agreement, such connections do not entitle the Developer to refunds or
any other credits attributable to customer connections. Also, any Main Installations that are installed
as "Replacements" (as determined by Company) do not entitle the Developer to refunds or any other
credits attributable to customer connections.
( Form: B 1NAWC 9l30/04
10.
MISCELLANEOU5 PROVISIONS
A. The attaching of customers to further main extensions or laterals from the Main Installation shali
not entitle the developer to any refund.
, B. The Company shall not be held responsible For any loss, expense or damages resulting from Main
Installation dates and completion times, or due to strikes or work stoppages which interfere with
� Company's ability to perform its responsibilities under this Agreement.
C. The Developer must obtain and give to the Company deeds of easement, which are acceptable to
the Company for use and occupancy by the Company before the Main Installation is accepted into
Company's distribution system. Easements need not be exclusive, but must be private property
rights which specificaliy name the Company as recipient, and may not be conveyances that are
designated "Public," "for public use forever' or that include similar wording that would result in
the creation of a public right-of-way in which the Company could only be a licensee. Company
may assist Developer in easement acquisition at Developer's cost if it becomes necessary and
Company has personnel available.
D. The normal range of operating pressures in this proposed subdivision will be from J
pounds per square inch (psi) to �, psi, varying with ground elevation and Company
operating requirements. If necessary, appropriate pressure reducing valves and pressure relief
valves should be installed as part of the customer's plumbing to comply with the requirements of
the applicable plumbing code and water using appliances installed in the premises.
If underground lawn sprinkler systems are to be installed as part of the customer's plumbing,
appropriate pressure reducing valves and backflow preventers should be installed to comply with
manufacturers' requirements, applicable plumbing codes, and State regulatory requirements.
E. Missouri-American Water Company will attempt to supply an inspector a minimum of three
working days after notice of the planned commencement of wark. AT TIMES WHEN THERE
ARE MANY OTHER JOBS UNDERWAY AND NO INSPECTORS ARE IMMEDIATELY
AVAILABLE, AN 1NSPECTOR WILL BE PROVIDED AS SOON AS IS REASONABLY
POSSIBLE, AND WORK MAY NOT COMMENCE UNTIL THE INSPECTOR CAN BE
PRESENT. Such notice will not be considered until this Agreement is fully executed and the
proper insurance certificates plans and specifications have been approved
by Missouri-American Water Company.
F. Prior to construction Developer must obtain and furnish to the Company all necessary permits and
approvals from the State, County, City, railroad or any other regulatory authority in which the
Main lnstallation is installed.
G. Upon Developer's submittal of all necessary items specified in this Agreement, reconciliation of
this job will be completed in a reasonable amount of time based on Company's current workload.
'] Form: B MAWC 9/30/04
11.
INSPECTION OF CON5TRUCTION BY COMPANY
LIMITED TO CONTRACTUAL COMPLIANCE
Developer understands that Company's inspectors will be at the job site for the sole purpose of
evaluating compliance with this insmzment and with Company's standards and specifications, and
Developer shall assume all liability for the condition and safety of the job site prior to the acceptance
of the Main Installation by Company. COMPANY'S INSPECTOR WILL NOT DIRECT THE JOB.
A FOREMAN OR OTHER ON-SITE MANAGER MUST BE FULLY FAMILIAR WITH PLANS
AND SPECIFICATIONS BEFORE BEGINNING THE 1NSTALLATION, OR THE INSPECTOR
MAY TERMINATE THE INSPECTION UNTIL COMPETENT, KNOWLEDGEABLE
SUPERVISION IS PROVIDED.
12.
ADDITIONAL OPTIONS THAT DEVELOPER MAY REQUEST
A. Letter of Credit in Lieu of Lien Waivers. If Developer is unable to obtain lien waivers to assure
Company that the Main Installation is free and clear of liens, but desires to provide Company with
other assurances that such facilities will be lien free, Developer may provide to Company a Letter
of Credit in a form satisfactory to the Company, or a cash deposit, in the amount equal to the
Company's estimate of the cost of Main lnstallation to be transferred to Company (actual cost if
knowm) for which lien waivers cannot be obtained.
1. Upon receipt of such Letter of Credit, Company will waive that portion of its contract with
Developer that requires lien waivers prior to acceptance of Main Installation into its system:
2. The Letter of Credit will not expire until at least twelve months after acceptance of the Main
Installation, but such Letter of Credit shall be released and returned to Developer (or the cash
deposit shall be returned) upon Developer's request under either of the following conditions:
a. As soon as the statutory time limit for the filing of liens has expired, if no liens have been
filed against facilities transferred to Company by Developer, or
b. If a111ien waivers have been acquired and provided to Company.
B. lipon receipt of notice of a lien on facilities transferred to Company by Developer, Company shall
notify Deve]oper and provide Developer 30 days to obtain release of such lien. If such release is
not obtained, Company will make demand against such Letter of Credit for the amount claimed in
the lien. Thereupon Company will do the following:
1. Hold such amount until a lien release is obtained by Developer, and at that time refund the
monies to Developer; or
2. Hold such amount until the statute of limitations for filing suit to enforce such lien has expired,
and at that time refund the monies to Developer; or
3. Hold such amount until a suit is filed by the holder of the lien. At such time Company will
provide Developer with notice of such suit and will either:
a. If Developer decides to defend the suit and so notifies the Company in
$ Form: B MAWC 9/30/04
i
writing, Company will hold the funds until a judgment is obtained and at
that time provide the fiznds to the prevailing party; or
b. If Developer elects to not defend the suit, Company will permit a default
judgment to be taken or will otherwise release the funds to the lien holder
to free the property of the lien.
13.
ASSIGNMENT OF REFUNDS
Developer hereby authorizes, instructs and directs Company, its successors and assigns, to transfer all
of Developer's rights, title and interests in and to the refunds mentioned in this Agreement (excluding
the Letter of Credit/Maintenance Bond to the following entity:
(Federal I.D. Number) �
* AGREEMENT ACCEPTED BY DEVELOPER:
CITY OF RIVERfi��E-M SOURI.
� � ! ! �/��=��,� J - OD S 8 � 7
� �
(Authorize Signature for Developer) Federal I.D. Number
Date: , 20�.
�
MISSOURI-AMERICAN WATER COMPANY
By
Name �Av� ?R.�J cT�''Z� _
Title �n+�T. �41� �
This Agreement is valid only if work is begun within 60 days from this date of acceptance, unless
otherwise extended by mutual agreement of Developer and Company.
9 Form: B MAWC 9/30/04