HomeMy WebLinkAboutR-2025-012 Agreement for Water Facilities Relocation with MO-American Water Co.RESOLUTION NO. R-2025-012
A RESOLUTION APPROVING AN AGREEMENT FOR WATER FACILITIES
RELOCATION WITH MISSOURI-AMERICAN WATER COMPANY
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE,
MISSOURI AS FOLLOWS:
THAT the Board approves the Agreement for Water Facility Relocation with Missouri -
American Water Company, a copy of which is attached hereto in its substantial form and
incorporated herein, and further authorizes the Mayor to sign the document on behalf of the City; and
FURTHER THAT the Mayor, the City Administrator, 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 Resolution 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.
PASSED AND ADOPTED by the Board of Aldermen of the City of Riverside,
Missouri, the 41h day of February 2025.
ATTEST:
Robin Kincaid, City Clerk
Mayor Kathleen L. Rose
Project Name: Riverway Blvd. .
Project Manager: Michael Voltz WBS #: R17-01D1.25-P-0002
CONTRACT FOR WATER FACILITY RELOCATION
THIS CONTRACT, entered into this day of Yelk(ActPq 2025, 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 NW Vivion Road, Riverside, MO 64150), (hereinafter referred to as ("CITY"),
WITNESSETH:
WHEREAS, CITY contemplates the location, widening, construction, and/or
improvement of NW Riverside St., in accordance with certain plans titled RIVERWAY
BOULEVARD IMPROVEMENTS on file in the office of the CITY; and
WHEREAS, in carrying out the opening, widening, establishment, and improvement of
NW Riverside St it will be necessary to relocate certain portions of COMPANY'S water
facilities now located on the COMPANY'S private easement along NW Riverside St, in the
CITY, 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 and City Resolution No.Q'`- D .
NOW THEREFORE, in consideration of the mutual covenants contained herein, it is
agreed as follows:
1. COMPANY will, as soon as practicable after receiving notice from the CITY, and
receipt of payment in full of the estimated cost described in Paragraph 2, furnish all
labor, materials, and supervision necessary, and will relocate its said water facilities
currently located within the private easement of the COMPANY as shown on the
plans marked Exhibit "A" attached hereto and made a part hereof.
2. The estimated cost (Exhibit "B") for this relocation is $38,000.00 It is agreed that
CITY'S obligation toward the cost of this relocation shall be 100% or $38,000.00 of
the actual costs thereof ("CITY'S OBLIGATION"), which is the percentage of the
affected water facilities located within the COMPANY'S private easement. CITY
agrees that prior to commencement of the relocation contemplated herein and upon
receipt of a statement of cost, it will, or it will direct its agent or assign to promptly
pay COMPANY for 100% or $38,000.00 of the estimated cost of the relocation as
set forth in Exhibit B, hereinafter referred to as "CITY'S PAYMENT". The failure
of any agent or assign of the CITY to promptly pay the COMPANY shall not be a
Project Name: Riverway Blvd.
Project Manager: Michael Voltz VMS #: R17-01D1.25-P-0002
defense and shall not mitigate the duty of the CITY to pay the COMPANY in full.
3. At the conclusion of the relocation work, the COMPANY shall calculate the difference
between actual costs and estimated costs, if any. In the event the CITY's pro rata share
of the actual costs exceeds CITY'S PAYMENT", the parties will enter into a
supplement to this contract that addresses the CITY reimbursing the COMPANY
for the additional amount owed. In the event the actual costs are less than CITY'S
PAYMENT, the COMPANY will pay CITY its pro rata share of the difference
between CITY'S PAYMENT and the actual cost. Payments owed to COMPANY
shall be paid within forty five (45) days of receipt of invoice.
4. If any substantial change is made in the original plan and extent of the COMPANY'S
relocation as determined by the COMPANY, work on the additional relocation will
not be performed until estimated costs have been provided to the CITY. Upon
completion of this additional relocation work, CITY will reimburse COMPANY for
any incurred costs above the estimated costs set forth in paragraph 2 of the contract
that directly result from such change of plans.
5. CITY agrees to furnish COMPANY with all necessary information of the project
improvements including surveying and marking the proposed elevation and the right-
of-way in order for COMPANY to properly carry out the utility relocation.
6. Upon completion of the relocation 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.
7. This agreement shall inure to the benefit and detriment of the successors and assigns
of CITY and COMPANY.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
Project Name: Riverwav Blvd
Project Manager. Michael Voltz WBS #: R17-01D1.25-P-0002
by their duly authorized officials.
MISSOURI-AMERICAN WATER COMPANY
Roger W. Sparks
Engineering Manager (Title)
CITY OF RIVERSIDE, MISSOURI
Kathleen L. Rose
Mayor
Robin Kincaid
Attest: City Clerk
APPROVED AS TO LEGAL FORM:
City Counselor
Paul A. Campo