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HomeMy WebLinkAbout1233 Maintenance Agreement Horizons Lift Station BILL NO. 2013-056 ORDINANCE NO. /Q 33 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A MAINTENANCE AGREEMENT WITH THE CITY OF KANSAS CITY, MISSOURI RELATING TO THE HORIZONS LIFT STATION BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: 1. That the Riverside Board of Aldermen ( "Board ") hereby approves the Riverside Horizons Lift Station Maintenance Agreement by and between the City of Riverside and the City of Kansas City, Missouri, in substantially the form attached hereto, and the Mayor is authorized to execute the Agreement. 2. The Mayor, the City Administrator, the City Attorney and other appropriate City officials are hereby authorized to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Ordinance and to execute and deliver for and on behalf of the City all certificates, instruments, agreements and other documents, as may be necessary or convenient to perform all matters herein authorized. 3. This Ordinance shall be in full force and effect from and after its passage and approval. PASSED THIS - DAY OF BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MI OURI. APPROVED: r • ieir 1 , U M • or Kathleen L. Rose ArTE r Robin LjttrelI, City C' erk 1 RIVERSIDE HORIZON'S LIFT STATION MAINTENANCE AGREEMENT This Maintenance Agreement, entered into this 1'fk- i, day of 2013, is made by and between the City of Kansas City, Missouri, a constitutionally hartered municipal corporation by and through its Water Services Department, hereinafter referred to as "Kansas City ", and the City of Riverside, Missouri, hereinafter referred to as "Riverside ". Recitals WHEREAS, Riverside previously entered into a contract with Pyramid Excavation & Construction, Inc. for the construction of the Horizons Lift Station and Sanitary Sewer Project, pursuant to Riverside Ordinance No. 2008 -91; and WHEREAS, pursuant to the Cooperative Agreement between Kansas City, Missouri and Riverside, Missouri for the Transfer and Operation of Riverside's Wastewater Collection System, effective February 17, 1998, sanitary sewers newly constructed by Riverside are to be transferred to Kansas City after completion; and WHEREAS, the contractor has completed the Horizons Lift Station and Sanitary Sewer Project, and Riverside desires to transfer it to Kansas City; however, the warranty period for the Horizon Lift Station has expired; and WHEREAS, the parties desire to reach agreement concerning the transfer, maintenance, and operation of the Horizons Lift Station. Agreement NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the parties hereby mutually agree as follows: 1. Riverside hereby transfers to Kansas City, and Kansas City hereby accepts, the Horizons Lift Station pumps, electrical equipment, generators, odor control system, necessary utility accounts, as well as any and all equipment and materials constructed or installed under Riverside Ordinance No. 2008 -91, subject to Riverside agreeing to maintain the Horizons Lift Station for three (3) years from March 15, 2012. Kansas City agrees to operate the Horizon's Lift Station. 2. Riverside's maintenance obligation as provided in Section 1 means that it will pay for costs and expenses to repair or replace (in Riverside's discretion) the Horizons Lift Station pumps, electrical equipment, odor control system, as well as any and all equipment and materials constructed or installed under Riverside Ordinance No. 2008 -91, in the event that the equipment fails when operated under normal use and service, normal wear and tear excepted. Riverside's maintenance obligation shall not apply i) if the Horizon Lift Station pumps have 2 been altered or repaired without Riverside's prior approval, ii) if failure occurs because of operator (i.e., Kansas City) error, negligence, misuse, abuse, neglect or accident; iii) if failure occurs due to the actions or omissions of any third -party. 3. Riverside agrees that as development occurs and flows increase, it will cause — at no expense to Kansas City - an additional pump to be added to accommodate increased demand, not to exceed four total pumps. 4. Kansas City agrees to immediately and without delay notify Riverside (the City's Public Safety Dispatch Center at 816 - 741 -1191) if the Horizons Lift Station equipment or any component thereof, fails or otherwise malfunctions. In the event of an emergency, if Kansas City, while using its best efforts, is not able to contact a Riverside representative, Kansas City may make necessary repairs to the Horizons Lift Station equipment or any component thereof to the extent necessary to prevent on -going or future injury or damage to people or property, provided further however, that Kansas City will continue to use its best efforts to contact a Riverside representative during the emergency period and Kansas City will provide all appropriate documentation justifying the repairs at the earliest convenience. 5. Kansas City shall make available to Riverside, or its designee, its Horizon's Lift Station Operation logs when requested by Riverside. 6. Riverside shall make available to Kansas City, its Horizon's Lift Station maintenance logs when requested by Kansas City. 7. Kansas City hereby grants Riverside a right -of -entry and access to the Horizons Lift Station whenever Riverside deems necessary for inspection and maintenance purposes during this period. 8. This Agreement shall be construed and governed in accordance with the law of the State of Missouri. The parties submit to the jurisdiction of the courts of the State of Missouri and venue shall be proper only in Platte County. 9. This Agreement shall not be amended, modified or canceled without the written consent of the parties to this Agreement. 10. This Agreement shall be binding upon the parties hereto and upon their assigns, transferees and successors in interest, provided neither party may assign this Agreement or the rights or obligations hereunder without the express written consent of the other party. 11. The provisions of this Agreement shall not be deemed to create any third party benefit hereunder for any member of the public or to authorize any one, not a party hereto, to maintain suit pursuant to the terms of this Agreement. 12. This agreement shall remain in effect so long as the Horizons Lift Station remains in service. 3 IN WITNESS WHEREOF, the parties hereto have duly executed this instrument the day and year first above written. KANSAS CITY, MISSOURI: BY: Te y Leed Director of Water Services Department Approved as to form: By: Assistant City Attorney `\ 4 RIVERSIDE, MISSOURI: 7(itedel/PC)feat___, Mayor Kathleen L. Rose Dated: O i d r , 1p 3_013 A,_ 11 G e'�'ills City A' inistrator Dated: �-X��( . 7 3 Ol ATTEST: Robin Littrejl City Clerk 5