HomeMy Public PortalAbout071-IN AWC Water Main Ext(3/01)
T.O. 25-50041792
LIANA-AMERICAN WATER COMPANY INC.
AGREEMENT FOR WATER M
INSTALLED - AI1V EXTENSION
NON -SUBDIVISION WITH REVENUE REFUND
WITH SUBSE UENT CONNECTOR
THIS AGREEMENT, made and entered into this Yk-
by and between Indiana -American Water Company, day of {�' , 20 d 3 referred to as the "Utility"), and P Y� Inc•, an Indiana co
Ci of Richmond De°ration (hereinafter
2380 Libe anent of Sanitation
(whether one or more individuals Ave. Richmond IN 47374
as the "Developer"). P�nerships, corporations or other entities, herein referred to
WITNESSETH
WHEREAS, the Utility owns and operates the water system servin th
Richmond , Indiana and surrounding vicinity, and g e community of
WHEREAS, the Developer has requested the Utility to provide water u ' '
New Paris Pike Landfill ; and hhty service to
WHEREAS, the Developer has requested a roval b
specifications, and estimated costs (Exhibit A and B,prespectivel the W Utility
Agreement) to install water lines and appurtenances (herein re ty of its plans,
the Developer's Property, Y� which are part of this
P ny; and referred to as "Main Extension") to
WHEREAS, the Utility has reviewed and approved the Develo er's
and estimated costs; and P plans, specifications
WHEREAS, the Utility and Developer agree the Developer at its cost
furnish the necessary engineering services, labor and materials, install
and expense shall
obtain all necessary easements,, permits, right-of-way the Main Extension and
to provide water service to the Developer's property. Y grants or other authorit
y which is required
NOW, THEREFOR, in consideration of the premises, covenants an
contained, the Utility and the Developer, respectively, agree as follows:
d agreements herein
1 • Developer Installation
The Developer hereby agrees that during installation of
the Main Extension, the Utility will have authority to inspect the installs .
Utility's convenience. The Developer further agrees the Utilityhon at the
discretion during the installation, as a result of unforeseen field may ti its
request, and the Developer will honor such request, reasonable Conditions,
changes in the Main Extension related to location, workmanshipand necessary
and materials.
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Contract No. 71-2004
Upon determination by the Utility that installation has been in accordance
approved plans and specifications, water service will be with the
Developer's property which is shown on Exhibit A attached herrovided to the
agree that the Main Extension as shown on Exhibit A is of the size and aatrtties
location required in order for the Utility to furnish the water service re u he
the Developer. q ested by
The Utility expressly reserves and shall have the right to require the cons
and installation of pipe of a larger diameter than the size originally contemplated
construction
and as shown on Exhibit A hereto, provided, however, that the Utility shall plated
the cost difference for materials and labor between the larger diameter
the smaller diameter main. The Utility ty main and
1 bear
ty will pay the actual cost difference,
estimated at $ N/A -_ to the Developer after the transfer of Ownership of
facilities and the reconciliation of the actual cost for materials and installation.the
2. Construction of Main Extension by Develo er
commence construction The Developer agrees to
within one hundred and twenty
of this Agreement, and to prosecute such construction to fulll completion days the date
reasonable diligence consistent with good business practices and the availability
of required equipment, materials and labor. The Developerwith all
inspections of the Main Extension b a shall provide period
State of Indiana. The Developer shall, within thirty onal engineer, registered in the
Main Extension has been installed, convey title o same to he t
execution and del' days after the
ry of appropriate bills of sale or the Utility by the
documents including copies of paid invoices and instrumena f er of ownership
of all liens and encumbrances incurred by Developer. Vance, free
3. Ownership of Main Extension Upon conveyance of title by Developer
the main extension, including all mains, valves, fire hydrants, to Utility,
equipment of which said extension is composed or to which the eis or may they
connected shall become the sole property of the Utility. The Utility shall be
responsible for the maintenance and repair of same.
right of property in the Main Extension or anThe Developer shall have no
account of the Developer having furnished a Y P� thereof by reason of or on
part or all of the funds used in the
Purchase of materials and equipment for, or the employment of labor '
connection with, the construction of the Main Extension. m
4. Other Re uirements of Developer Coincident with delivery
bill of sale or transfer of ownership documents Pe ropriate
Developer to the Utility, required hereinabothere shall also be delivered to the Utility by the
Developer: ty by the
a) "As -Built" drawings certified by the professional engineer,
b) Certification of construction in accordance with the Utility's s
signed, by the professional engineer, specifi
cations,
c) Recorded easements and legal survey, all permits, and a
information pertaining to the Main Extension, nY other
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d) Final platted map of the development,
e) Waivers of Lien for materials and contractor,
f) One (1) year warranty on Main Extension for materials and workmanship,
g) Schedule itemizing all materials and costs, certified as being accurat
h) Payment of fees related to Main Extension. e,
5• Determination of Cost of Main Extension The Utility
the Cost of Main Extension shall be the and Developer agree that
ownership documents rendered b Developer to the Utility °n the transfer of
attributable to the Main Extension. p ty Plus the Urility's fees
The Utility's fees related to the Main Extension shall be an amount equal to
of the amount appearing on the transfer of ownership documents toover
engineering, administrative costs, legal costs, direct labor cost,
overhead and transportation costs incurred by the Utility. direct cover
labor
The parties further agree that:
a) The estimated cost of the Main Extension
including fees.
$ 14._8L995 _
b) The total feet of serviceable frontage to
be served by the Main Extension is
7 700
c) The estimated "cost per foot" of the Main
Extension (a _ b) equals
$ 19.35
d) Upon determination of actual Cost of
Main Extension, the above calculations
(a), (b), and (c) shall be revised
and sent to the Developer.
e) The total number of Original Lots not subject
to subsequent connector fees. Original Lots are
shown on Exhibit A attached hereto and made a New Pis
Part of this Agreement.
Pike Landfill
6. Refundable Advance Account The Utility
benefit of, and in the name of the Developer a "Refundable establishshall on its records, for
in
an amount equal to the Cost of the Main Extension (hereinafter Advrefe ed t asce
"Advance'), "Advance' ), which shall be subject to refund to the Developer to the extent
time and in the manner provided herein. , at the
7. Refunds on the Basis of the Original Lots If and when at anytime
(10) years after the Main Extension is placed in service, the owner or owithin
a the ten
any Original Lot initiates service from the Main Extension, the Utili pant of
to the Developer the amounts by which three 3 ty will refund
()times the estimated annual
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revenue, from service to each Original Lot, exceeds the Utility's investment fo
connecting same. If there is more than one Developer, the refund
allocated in proportion to their respective Advances. r
shall be
8 Payment Required by Subsequent Connectors If and when at anytime within ten
any unconnected property to be served b the weer or occupant of
Original Lots) requests water service from the�Main E tens 'ension On, the included in the
subject to the limitations hereinafter provided, collect in advance fromtsuc shall,
applicant a fee in an amount equal to the revised "cost per foot" for tha Main
ch new
Extension as computed under paragraph 5 above, multiplied by the number
Of property frontage of the lots for which service is so requested. Utilityof feet
require any subsequent connectors to advance an amount which if aid
Developer, would result in the Developer receiving shall not
unrefunded balance of the Developer's "Refundable Advanc an amount in excess of the
" to the
e Account.
9. Refunds on Basis of Sit se pent Connections Utility pursuant to Paragraph Monies thus collected by the
P graph 8 above, if any, plus the amount by which three (3)
times the estimated annual revenue from service to each such s
connector exceeds the Utility's investment for connecting the same, shall b
subsequent
refunded to the Developer. If there is more than one Developer, the re
be allocated in proportion to their respective Advances. e
fund shall
10. Reeulari!Y and Limitation of Refunds Refunds, if an
to the Developer as soon as practicable, but no less than one (1) time per Y, will be paid by the Utility
Provided that: p year,
a) Refunds shall not be payable until water service is initiated from
the Main Extension.
b) Refunds paid to any Developer shall not exceed the amount of the
Cost of the Main Extension.
11 • Basis for Calculating Refunds In calculating the refunds to be
Provisions contained above, the Utility and Developer agree that lthe folloade wing
shall be applicable: n
g
a) Residential Service In determining the "estimated annual revenue"
Utility for each new residential customer connected to the M is the
am E
the Utility shall be entitled to use its averse xtension,
residential customer realized by the Utili
customers on its Richmond ty fromcomparableevenue
residentpial
ty
alendar
Year preceding such connection, adjusted for anylchanges nithehapplicable
rates and charges for such service which have become effective in such
Prior calendar year or in the current year on or before the date of the
connection. In determining the Utility's investment in connecting each
such residential customer, the Utility shall be entitled to use the average of
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its costs for the same size service connections for all residential custome
incurred for it Richmond water utility system durin the rs
calendar year. Such investment in connecting shall in all costs
g preceding
connecting service to new customers, in
vaults and installation thereof. including services, meters and meter
b) Commercial and Industrial Customers In determining the "
annual revenue" to the Utility for each co g estimated
connecting to the Main Extension all commercial or industrial customer
nown
usage by such customer under they appl b rates and affecting
r
probable
considered, including the amount of consumption or annual revenues i
charges shall be
any, specified in any contract or agreement executed between the Utility
f
and such customer b � ty
y virtue of which the customer is
obligated to take a specified quantity of Water or becomes
or guarantee specified
designated period of time. The Utility's investment in
connecting each such commercial or industrial customer shall be the costs
incurred by the Utility in order to provide the requested service, including
the cost of service, meter, meter vault and any other equipment or facilities
required and the cost of installation thereof. In the event an estimate tes
annual revenue cannot be computed upon connection of a commercial oof
r
an industrial customer, the actual revenue received for the first twelve 1
months, shall be used in the calculation of the refund due. (2)
twelve (12) months revenue figure After the
be
three (3), the investment in connection shall be deduc edscertained, it shallan multiplied by
any, due shall be paid as a refund. d the excess, if
c) Fire Protection Service If the Main Extension is designed to
Protection service, each fire h provide fire
the Main Extension pursuant t�td((orer °Priavrate fire service) installed on
body or pursuant to any contract or agreement witho authorized governmental
Person, shall be considered as a customer connection for Private firm or
refunds hereunder. The "estimated annual revenues" to be used for suchof
Purposes shall be the applicable annual public or private fire hydrant
(or private fire service charge) specified in the schedule of rates rental
charges of the Utility for its Richmond and
effect at ,the time of connection of each such fire hydranter or service.
as in
Utility's investment of connecting each such fire h The
Main Extension shall be the actual cost to the Utility o tsu h connected
to hydrant the
and all necessary attachments and appurtenances and the actual costs f
installation.
12. Disposition of i tnrefunded Advances
At the date of completirom
on of the Main Extension expiration of ten 1 p
any balance of the Advance not
refunded or subject to refund hereunder shall
the property of the Utility. , subject to applicable law, become
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13. No Refunds Based U on Other Main Extension Notwithstanding
Provisions of this Agreement, the Utility shall have the absolute right any other
to construct and install other main extensions g at any time
connecting to the Main Extension. Neither the connection of anant facilities
extension nor any service furnished by or from another main extension shall
subject to or in any manner affect this Agreement, and no Developer hereunder1 be
shall be entitled to any refund of all or an P
by reason of the connection of such other portion
extensions the oor csit onnections
hereunder
service therefrom; provided, however, that if the o ections for
unplatted on one or both sides of the street at the time hefr1V1 in Exontage tension was
installed was not the Developer and such owner later subdivides his fro
ri
to the expiration often 10 on was
i ) years after the Main Extension is placed in servge ice n
or
such a manner that some or all of the lots will not require service directly
said Main Extension, and the owner thereof request a lateral main extension from
serve his land, the Utility shall collect, as a subsequent connector's fee from the
to
owner of such frontage land, an amount equal to the number of feet of frontagehe
the lots which will not be served directlyb ' of
multiplied by the revised cost per foot, as determined in original Main Extension
Paragraph 5 above.
14. Indiana UtiWy Re lato Commission This Agreement is enter
Utility and Developer in conformity with and subject to the rules and into
to by the
of the Indiana Utility Regulatory Commission and the Utility's Rules Relations
and Conditions of Service on file with and a Regulations
approved by such Commission. In the
event of any conflict between the terms of this Agreement and the rules
regulations of such Commission and the Utili s and
Conditions of Service, the rules and regulations of such Rules, and
Utility's Rules, Regulations and of of Service shall control and the
supersede any inconsistent terms herein. and shall
15. Successors and Assigns
This Agreement shall inure to the benefit of and be
binding upon the parties hereto, including any subsequent connectors,. their
respective successors and assigns.
IN WITNESS WHEREOF, the Utility
Agreement or caused the same to be properly and
asDeveloper have of hte date here' Pro perl y executed this
nabove set forth.
INDIANA-AMERICAN WATER COMPANy' INC
By: c• L �. /�
Alan J. DeBoy, E
Vice President - Engineering
City of Richmond
De artment of Sanitation
Developer
Name and Title
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INDIANA-AMERICAN WATER COMPANY INC.
DEVELOPER INSTALLED MAINS
COST ESTIMATE FORM
ITEM DESCRIPTION
DR18 C-900 PVC PIPE
4" PVC & APPURT.
6" PVC & APPURT
8" PVC & APPURT.
10" PVC & APPURT.
12" PVC & APPURT.
16" PVC & APPURT.
DUCTILE IRON PIPE PRESSURE CLASS 350
(OR CLASS 50)
6" DUCTILE IRON PIPE & APPURT.
8" DUCTILE IRON PIPE & APPURT
10" DUCTILE IRON PIPE & APPURT
12" DUCTILE IRON PIPE & APPURT
16" DUCTILE IRON PIPE & APPURT
ALVES
4" GATE VALVE & BOX
6" GATE VALVE & BOX
8" GATE VALVE & BOX
10" GATE VALVE & BOX
12" GATE VALVE & BOX
16" BUTTERFLY VALVE & BOX
TAPPING SLEEVES AND VALVES WBOX
20"X 12" TAPPING SLEEVE & 12"VALVE
"X
�� "X TAPPING SLEEVE &
TAPPING SLEEVE &
WBOX
"VALVE WBOX
"VALVE
"X TAPPING SLEEVE &
"X „
WBBOX
"VALVE WBOX
TAPPING SLEEVE &
"X TAPPING SLEEVE &
"VALVE WBOX
"VALVE
WMOX
FLUSHING OUTLET
FLUSHING OUTLET (ALL SIZES)
FIRE HYDRANTS
FIRE HYDRANTS 5 6" GATE VALVE 1/4" V.O. W/3 NOZZLES
& BOX
HYDRANT LATERAL
OTHER
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Exhibit B
T.O. 25-50041792
UANTITy PRICPRIC-�E/UNIT TOTAL COST
/FT.
/FT.
/FT.
/FT.
/FT.
/FT.
/FT.
/FT.
ET.
3,850
32.60 /FT. $125,510.00
/FT.
1 EA.
680.00 /EA. 680.00
EA.
4 1,360.00 EA.
5,440.00
EA.
1 7,000.00 /EA. 7,000.00
/EA.
EA.
EA.
EA.
/EA.
EA.
1 2,000.00
EA.
2,000.00
1 680.00
/EA.
680.00
1 320.00
/EA.
320.00
TOTAL COST $ 41 0.0
18 November 2003
City of Richmond
Department of Sanitation
Ate: Robert Tyler
2380 Liberty Ave.
Richmond, IN 47374
RE: WATER MAIN EXTENSION
New Paris Pike Landfill
T.O. 25-50041792
Dear Mr, Tyler:
Enclosed are two copies of our
have been prepared in connection with
Main Extension Agreement
Agreement meets with the above-referencewhich
return one m Your satisfaction, please have it signed on Pa • If the
full COPY of the entire Agreement to this Office for final Processing
and
Y executed copy of the Agreement will be forwarded to you
and information. g. A
Y for your files
You will be advised in writing
Pre -construction meeting also will be it isschPermissible to start construction
. A
At time of transfer of awnershlp and YOU will be required to prior t0 the main being
which will cover en ineeann the utility fees at 5.2% of the constructionlced in service,
cost, direct labor Overhead and d administrative costs; le I cost,
American, transportation costs9in�osts,rred b irect tabor
Y Indiana -
Very truly yours,
INDIANA-AMERICAN WATER COMPANY, INC.
`�a" -
Sharon J. Keeney
Operations Specialist
SIK/mr
Enclosures
cc: David Little, INAWC _ Richmond Distri
ct, w/enclosures
�L Indiana
American Water
Sharon I Keeney
oPeradons Specialist
skeeneyoamwater.com
American Water
555 East County Line Rd., Ste. 201
P.O. 8ox 570
U�reenwood, IN 46142-0570
T +1 317 885 241,
F +1 317 885 2431
I www.indiana-americaa.Mm
RW. GROUF