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HomeMy WebLinkAbout2008-132 - Agreement with Missouri-American WaterBILL N0.2008-132 ORDINANCE N0.2008-132 AN ORDINANCE AUTHORIZING THE CITY OF RIVERSIDE, MISSOURI TO ENTER INTO AN AGREEMENT WITH MISSOURI-AMERICAN WATER COMPANY FOR WATER FACILITY CONSTRUCTION IN CONNECTION WITH THE GOWER WATER MAIN IMPROVEMENT PROJECT WHEREAS, the City of Riverside, Missouri ("City") plans to install a new water main along Gower Drive to improve water service to residents of the City, and this water main will be owned by Missouri-American Water Company ("MAWC") after completion; and WHEREAS, MAWC requires that the City reimburse MAWC any and all reasonable and necessary costs associated with the construction of the water main, hydrant and appurtenant facilities installed as a part of the Gower Water Main Improvement Project; and WHEREAS, funds are available for this project in the FY 2008 Capital Improvement Program. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: Section 1. The City of Riverside shall enter into enter into an agreement with Missouri- American Water Company, consistent with the terns of this Ordinance, for construction of the water main and related facilities to be installed by MAWC as part of the Gower Water Main Improvement Project, and the City shall pay funds to MAWC in an amount not to exceed $157,695.00. Section 2. The execution and delivery of the Contract for Water Facility Construction, in substantially the form attached hereto as Exhibit A, is approved, and the Mayor is authorized to execute the agreement and to take such other actions reasonably necessary to carry out the indent of this Ordinance on behalf of the City, the execution of the agreement being conclusive evidence of such approval. Section 3. This Ordinance shall be in full force and effect .from and after its passage and approval. ! ~y~ PASSED AND APPROVED THIS ~ DAY O,F X008. N~ayor Kathleen L. Rose ATTEST: ity Clerk Project Name: _ Project Manager. Task order p THIS CONTRACT, entered into this ~ ~ Nday of ? by and between MISSOURI-AMERICAN WATER COMPANY, a corporation existing under the laws of the State of Missouri, (hereinafter referred to as "COMPANY"), and the CITY OF RIVERSIDE, 2950 N.W. Vivion Road, Riverside, Missouri 64140, (hereinafter referred to as "CITY"), WITNESSETH: WHEREAS, CITY contemplates the construction of a water line in accordance with certain plans titled Gower Road Water Main Improvement Project on file in the office of the City of Riverside, Missouri; and WHEREAS, COMPANY is willing to accommodate CITY'S needs upon condition that CITY accepts the provisions hereinafter specified and evidences such acceptance by execution hereof in accordance with Section 432.070 RSMO.2000 and City Ordinance No~pDB=/32 NOW THEREFORE, in consideration of the mutual covenants contained herein, it is agreed as follows: COMPANY will, as soon as practicable after receiving notice from the City of Riverside, furnish all labor, materials, and supervision necessary, and will construct said water facilities within the easement as shown on the plans mazked Exhibit "A" attached hereto and made a part hereof. 2. The estimated cost (Exhibit "B'~ for this construction is $157,695.00. It is agreed that CITY'S obligation towazd the cost of this construction shall be 100% of the actual costs thereof. CITY agrees that prior to commencement of the construction contemplated herein and upon receipt of a statement of cost, it will promptly pay COMPANY 100% of $157,695.00. In the event the actual cost of the construction exceeds $157,695.00, a supplement to this contract will be required for the additional chazges. In the event the actual cost is less than $157,695.00, the COMPANY will pay CITY the difference between $157,695.00 and the actual cost. If any substantial change is made in the original plan and extent of the COMPANY'S construction, work on the additional construction will not be performed until estimated costs have been approved by the CITY. Upon completion of this additional construction work, CITY will reimburse COMPANY for actual costs. 4. Upon completion of the construction provided for herein, COMPANY shall remove all leftover materials and debris resulting from the work and leave the affected public and private rights-of--way in a neat, workman-like condition, free of holes, mounds of dirt, or other objectionable material. This agreement shall inure to the benefit and detriment of the successors and assigns of CITY and COMPANY. ~. ATTEST: MISSOURI AMERICAN WATER COMPANY By: Secreta Title: ,~s~-, (~{P-, __ ATTEST: CTTY OF RIVERSIDE, MISSOURI ity Clerk Kathy Rose Mayor APPROVED AS TO LEGAL FORM: ity Attorney Project Name: _ Project Manager: Task order # IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized officials. I hereby certify that unencumbered balances sufficient to pay the estimated contract sum of $157,695.00 remain in the appropriate accounts against which this obligation is to chazged. City Treasurer Contract for Water Facility Construction (2).doc -, _ l,~~ /i` r l BID 1,~~~,t~ ~' .Cfi 4-'~ PROJECT IDENTIFICATION: GOWER ROAD WATER MAIN ~•r/ !! IMPROVEMENT PROJECT ~~ ~G-.,-.~c7 THIS BID IS SUBMITTED T0: Mr. Ken Stecher, P.E. Missouri-American Water Company 727 Craig Rd., Bt. Louis, MO 63141 1 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or Indicated in the Contract Documents for the Contract Price and within the Contract Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders. This Bid will remain subject to acceptance as stated in paragraph 15 of the Instructions To Bidders. Bidder will sign and submit the Agreement and other documents required by the Bidding Requirements within fifteen days after the date of OWNER's Notice of Award. 3. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement: (a) Bidder has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged): Date Number /v ;21-a8 / io- -oS ~_ (b) Bidder has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all Inca) conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. (c) Bidder has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Paragraph 4.2 of the General Conditions, and accepts the determination set forth in Paragraph GC-4.2.2 of the General Conditions, as may be amended by the Supplemental Conditions, of the extent the technical data contained in such reports and drawings upon which Bidder is entitled to rely. (d)am Bidder has obtained and carefully studied (or assumes responsibility for obtaining and rarefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at the site or otherwise which may affect the cost, progress, performance or furnishing of the Work as Bidder considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by Bidder for such purposes. B-1 (e) Bidder has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by Bidder in order to perform and furnish the Work at the Contract r'rice, within the Contract Times and in accordance with the other terms and conditions of the CortUact Documents, including specifically the provisions of Paragraph 4.3 of the General Conditions. (f) Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. (g) Bidder has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to Bidder. (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. 4. Bidder will complete the Work for the prices shown on the Bid. 5. Bidder agrees that the Work will be substantially complete within 90 calendar days after the date when the Contract Times commences, as provided in Paragraph 2.3 of the General Conditions, and completed and ready for final payment within 120 calendar days after the date when the Contrail Times commences, as provided in Paragraph 2.3 of the General Conditions. Bidder accepts the provisions ofi the Agreement as to liquidated damages in the event of failure to complete the Work on time. 6. The following documents are attached to and made a condition of this Bid: (a) Evidence of Bidder's Qualifications to do business in the state where the project is located. (b) Bidder's contractor's license number if required to work in the state where the project is to be constructed. (c) Information describing the proposed alternative equipment and/or materials. 7 The terms used in this Bid which are defined in the General Conditions of the Contract Documents have the meanings assigned to them in the General Conditions. SUBMITTED on ~~y1-'lvtzr~( ~ , 2008. If Bidder is: An Individual By (Individual's Name) B~ doing business as Business address. Phone No.: A Partnership (SEAL) By (Firm Name) (General Partner) Business address: Phone No.'. ~A r oratio~n vY _ - (Corporation Name) (State of incorporation) ~--~ (Name of person authorized to sign) (Title) (Corporate Attest Business ac Phone No.: A Joint Venture By (Address) By - (Name) (Address} (Each joint venture must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above). B-3 RIVERSIDE. MISSOURI • PLATTE COUNTY DISTRICT GOWER ROAD WATER MAIN IMPROVEMENT PROJECT BID FORM Item Description UnB Quantity UnR cost Extension A Mobilization and Dempblrzation LS I ~ '~ ^ ~ B C Clearin , Grubbin , & General Gradi Waler Main In Place LS 1 ~ ~ i f 4-inch Ductile Iron Pipe LF 12 ~ - DU ' o ~ a 2 72-inrh Ductile Iran Pipe LF 2600 D Wet Cul-In 1 Wet Cul-In-Sta. 0+00 EA i O. D ` ~•m 2 28+00 Wet Cut-In-Sta EA t ? r ~~ ~ C. ~ E , D Cut-In 1 D Cut-In-Sta. 12+40 EA 1 ~~ GL'p, p0 F fire H rant Assembl EA t p G 4-~nch Cetc Valvc Asacmb EA t 7 n, OD H 12-inch Gate Valve Assembl EA i ~OJ ~ O, OD { GenGefe Thrust BlptltS 1 4-inch 90 de .Bend EA t r 0~ ~ ~~ ~ J Remove & Replace Corrcrele Sidewalks SY 15 ' ° ; K Remove 8 Re ace A halt Pavement SY 50 / `D.~i L Remove & Replace A re ate Surface SY 10 / • D9 ~ M Remove 8 Re ace 24" Concrete Curb LF i6 D ~ N Site Restoration LS 1 ~ ~ -~ G' ~ 'xt PRca Total %S -Q7 7 r, c.,.~,.ze.,., ~.,n T.,.,,rnlr„ tRnrx Exravetion) CY Unknown _ r r~ y