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HomeMy WebLinkAbout2004-093 - Utility Agreements with Kansas City Power and LightBILK NO. 2004-93 ORDINANCE NO. 2004-93 AN ORDINANCE APPROVING THE FORM OF, AND AUTHORIZING THE MAYOR TO COMPLETE AND EXECUTE, TWO UTILITY AGREEMENTS BY AND BETWEEN THE CITY OF RIVERSIDE, MISSOURI AND KANSAS CITY POWER & LIGHT COMPANY WIIEREAS, the City of Riverside, Missouri (the "City") is currently planning the construction of certain roadway improvements and expansions to Northwest Gateway Road in the City (the "Project'); and WHEREAS, to complete the Project, the City may need to adjust or have adjusted certain utility facilities placed in service by Kansas City Power & Light Company ("KCPL"),which adjustments may involve: (i) use of temporary utility poles to ensure continuous service throughout the construction phase of the Project; and (ii) the relocation of certain above-ground utility facilities underground within City right of way; and WHEREAS, the City and KCPL have reached an agreement concerning the adjustment of facilities pursuant to the Project, and the obligations and responsibilities for the work and costs related to such adjustments. NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside, Missouri, as follows: Section L The City of Riverside shall enter into two Utility Agreemeuts, such agreements to be substantially in the form attached hereto as Exhibit A and Exhibit B, with KCPL whereby the City shall reimburse KCPL for costs related to the work necessary to complete certain utility facility adjustments and relocations, such cost under the two agreements currently estimated at $284,381.26 and $89,231.52, respectively, and whereby KCPL shall keep accurate and detailed written accounts of all costs incurred (the "Agreements"). Section 2. The execution and delivery of the Agreements, with such additions and modifications deemed necessary by the Mayor to complete the same, is approved, and the Mayor is authorized to execute the Agreements and to take such other actions reasonably necessary to carry out the intent of this Ordinance on behalf of the City, the execution of the Agn-eements being conclusive evidence of such approval. Section 3. "Phis Ordinance shall be in full force and effect from and after its passage and approval. ' /, ~!' Passed this , ~; day of October, 2004. ,, ~ ~`> E, Mayor ATTES"C: ' City .lerk Authority: City of Riverside, Missouri Project Route: Gateway Road & NW Platte to Vivion County of: Platte Subject: Underground Construction KCPL WR No.: 133571 UTILITY AGREEMENT An AGREEMENT is made on this date, October 14 2004, by and between KANSAS CITY POWER & LIGHT COMPANY, a Missouri Corporation, with its address at P.O. Box 418679, Kansas City, Missouri 64141, hereinafter called "Company" and The City of Riverside, of the State of Missouri, acting by and through the Board of Aldermen hereinafter called "City". WITNESSETH: WHEREAS, the City proposes to improve a section of roadway designated as Gateway Road and NW Platte Road to Vivion Road. Whereas, in order to construct and improve said roadway in accordance with said plans, it will be necessary to adjust certain facilities of the Company so as to maintain the present services of said Company, such changes being generally shown in legend on Company's plans, identified as Company's WR (Work Request) Number 133571 consisting of five (5) sheets, which plans are by reference incorporated herein and made a part hereof. 6. The cost breakdown for reimbursement due to adjustments of the Company facilities is: LABOR $ 56,235.73 EQUIPMENT $ 24,788.24 MATERIALS $ 338,948.72 OVERHEADS $ 80,001.57 SUB-TOTAL $ 499,974.26 Credit, for the OH cost $ (215,593.00) TOTAL ESTIMATED COST: $ 284,381.26 IN WITNESS WHEREOF, the parties hereto have caused this Agreement be duly executed as of the date first above written. KANSAS CITY POWER & LIGHT COMPANY i By: Lrz~ is Jo s, Real Estate Supervisor CITY OF RIVERSIDE By: ~ ~~~~ Title: `~2a ~ 3 KANSAS CITY POWER & LIGHT COMPANY By: mow? ~; '~ Sig ture Name: Victor R. Jodts Printed Tltle:_ Supervisor Real Estate Department CORPORATE ACKNOWLEDGMENT STATE OF Missouri ) ) SS. COUNTY OF Jackson ) On this 14tH day of October, 2004, before me appeared victor R Jodts , to me personally known, who being by me duly sworn, did say that he/she is the Supv, Real Estate Dep(rtitle) for Kansas City Power & Light Company, a Missouri corporation, and that said instrument was signed on behalf of said corporation by authority of its' Board of Directors, and said victor R. Jodts (name) acknowledged said instrument to be the free act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. DENISE E. FANNING Notary Public -Notary Seal State of Missouri Commissloned in Jackson Co ~n My Commission Expires: - ~ ~L My commission expires: l-o~Y-o~' Notary Pub 'c: -e~ (signature) Denise E. Fanning (printed) 5 Authority: City of Riverside, Missouri Project Route: Gateway Road & NW Platte to Vivion County of: Platte Subject: Temporary Pole Relocation KCPL WR No.: 134457 UTILITY AGREEMENT An AGREEMENT is made on this date, October is 2004, by and between KANSAS CITY POWER & LIGHT COMPANY, a Missouri Corporation, with its address at P.O. Box 418679, Kansas City, Missouri 64141, hereinafter called "Company" and The City of Riverside, of the State of Missouri, acting by and through the Board of Aldermen hereinafter called "City". WITNESSETH: WHEREAS, the City proposes to improve a section of roadway designated as Gateway Road and NW Platte Road to Vivion Road. Whereas, in order to construct and improve said roadway in accordance with said plans, it will be necessary to adjust certain facilities of the Company so as to maintain the present services of said Company, such changes being generally shown in legend on Company's plans, identified as Company's WR (Work Request) Number "~ 134457 consisting of five (5) sheets, which plans are by reference incorporated herein and made a part hereof. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed as follows: 1. Company's facilities which will be relocated and rebuilt include distribution lines which are essential for Company to keep in operation in order to furnish continuous electrical service to Company's customers served by said lines. Therefore, Company may maintain such facilities in their existing locations until such time as new right of way is acquired or made available and/or governmental permits are secured by the Company for placement of its relocated facilities and it has relocated existing facilities or constructed new facilities as required. 2. Company shall develop the adjustment costs of the work by using the actual and related indirect costs accumulated in accordance with Company's established work order accounting procedures, and Company shall keep a detailed and accurate account of all labor, materials, supplies, incidentals and other necessary costs involved in such work. Any authorized agent of the City shall have access at all reasonable times to such Company records. 3. Company shall notify the City of the nature and extent of any substantial change made in the plans hereinabove referred to, and such plans shall thereupon be deemed modified to include such changes. 4. In consideration of the City's request for the Company to relocate its' facilities, the City will reimburse the Company for the costs associated with the relocation of those facilities more specifically described on Company's drawings, which are by reference incorporated herein and made a part thereof. If, and only if, the City requests future relocation of the Company's facilities described therein, then upon specific written request for such relocation by the City, the City shall pay all of the Company's costs associated with any and all such future relocation(s). 5. City's obligation for such relocation is an actual cost now estimated to be $89,231.52 Upon completion of the work in accordance with the plans, City will promptly reimburse Company for the cost of such work upon submission of a statement for such cost to the City. 6. The cost breakdown for reimbursement due to adjustments of the Company facilities is: LABOR $ 27,870.50 EQUIPMENT $ 13,418.55 MATERIALS $ 17,981.37 OVERHEADS $ 29,961.10 TOTAL ESTIMATED COST: $ 89,231.52 IN WITNESS WHEREOF, the parties hereto have caused this Agreement be duly executed as of the date first above written. KANSAS CITY POWER 8~ LIGHT COMPANY By: ~ orb Vic Jod ,Real Estate Supervisor CITY OF RIVERSIDE By: 3 KANSAS CITY POWER & LIGHT COMPANY BY~ /~ Gr1' ignature Name: victor R. Jodts Printed Tltle: Supervisor Real Estate Department CORPORATE ACKNOWLEDGMENT STATE OF Missouri ) ) SS. COUNTY OF Jackson ) On this 14th day of October, 2004, before me appeared yicto R, oa s , to me personally known, who being by me duly sworn, did say that he/she is the Supv. Real Estate Dept;title) for Kansas City Power & Light Company, a Missouri corporation, and that said instrument was signed on behalf of said corporation by authority of its' Board of Directors, and said victor R. Joat~ (name) acknowledged said instrument to be the free act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. DENISE E. FANNINQ Notary Public - Notary 8W State of Missouri Canmlasbned in JaGceOA Ctwnq- My Commission Expues: /~,,,~,~, My commission expires: ~_a ~-os~ Notary Publi (signat re) Denise E. Fannin (printed) 5 CITY OF RIVERSIDE, MISSOURI By: nature Name: ~~ t7` % ~ ~:~ h rinted Title: /L'~a.,i,!© ~ CORPORATE ACKNOWLEDGMENT STATE OF ~ ) ss. COUNTY OF ) On this ~~~ day of October, 2004, before me appeared to me p r onally known, who being by me duly sworn, did say that he/sh is the ~~ _ (title) of the City of Riverside, Missouri, a municipal corporat~io ,and that said instrument was signed orti half f cam „nici al corporation by authority of its' Board of Aldermen, and said ~~ name) acknowledged said instrument to be the free act and deed ~ said municipal corporation. IN WITNESS WHEREOF, I have hereunto set my hand day and year last above written. Notary Public LOUISE F. RUSICK Notary Public Notary Seal Slate o! Missoun Plo*ie County My Commiss;c-~ Expires Aug_ 28, 2005 ~;.. My commission expires: x,7005 and affixed my official seal th (signature) (printed) 4