5/4/05  LACLEDE  GAS  UTILITY  AGREEMT

MOPR Notes:  This & many other docs were copied from the BOA 5/16/05 Packet.  I do not believe that Exh A, mentioned in the 2nd WHEREAS parag below, was in that pkt;  if it was, I missed it.  Perhaps it's best requested from Laclede Gas.  If & when obtained, it will be scanned to here.  Not retyped on P2 thru 5 is the 3-line heading shown on P1 below.  >  On 8/23/05, another search of the 5/16/05 BOA pkt revealed no Exhibit A for this agreemt.

  This Agreemt, entered into by & between the LACLEDE GAS CO, a corp existing under the laws of the St of MO, with its address at 720 Olive St, StL, MO (63101), hereinafter called "Co" & the CITY VP, MO, a political subdiv of the St of MO, with its address at 320 Benton Ave, VP, MO  (63088), hereinafter called "City"  WITNESSETH THAT:

  WHEREAS, City proposes to construct a levee & other structures related to the levee in accordance with certain levee plans prepared by the USACE titled "Meramec River Basin, VP, MO, Flood Protection Project, Levee & Structures:  Item IVB";  &

  WHEREAS, in order to construct said levee in accordance with said plans, it will be necessary to adjust certain utility facilities owned by Co, which are installed entirely within various street ROW's.  Said ROW's are being abandoned where the footprint of the new levee covers same.  In order to maintain the present svcs provided by said Co, the affected facilities will be adjusted as shown on the plat marked Exh "A" & Est of cost marked Exh "B", attached hereto & each made part hereof;  &

  WHEREAS, Co is willing to accommodate City's needs upon condition that City accepts the provisions hereinafter specified & evidences such acceptance by execution hereof in accordance with Sec 432.070 RSMo 2000. 

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  NOW THEREFORE, in consideration of the mutual covenants contained herein, it is agreed as follows:

  (1)  Co shall develop the cost of the work by using the actual & related indirect cost accumulated in accordance with an established accounting procedure used by Co in its regular ops & shall keep a detailed & acurate account of all labor, material, supplies, incidentals, & other necessary costs.  City's Resident Eng in charge of said project or any auth'd agent of the City, shall have access during normal biz hrs to such Co records.  These records must be available during the contract period & any extension, & for 3 yrs from the date of final paymt of the project.

  (2)  The City's obligation shall extend ony to those costs incurred under the provisions of FAPG 23 CFR 645A.  Upon completion of the work in accordance with said plan & est of cost, the City will promptly reimburse the Co for City's obligation when 2 copies of a detailed statemt of costs are submitted to the City.  City will conduct an audit of Co's statemt & supporting records.  If the audit reveals that the Co has been overpaid, Co will immed refund to city such overpaymt.

  (3)  Following the execution of this Agreemt, Co will proceed without unnecessary delay to perform the required adjustmts shown on Exh "A", or such more detailed plans as may be approved by the parties hereto.

  (4)  As shown on Exh "B", the total cost of the work to be performed by Co to provide for levee const is est'd to be $306,273.00.  City's obligation toward the actual cost of the work to be performed under this Agreemt shall be as follows: 

  100.0% of the actual total cost of adjusting the main at the following locations: 

  (5)  Paymts will be made by City to Co as follows:

  (6)  Co agrees that the detailed plan & est of cost for the required adjustmt of Co's facilities have been prepared in accordance with FAPG 23 CFR 645A & any amendmts which by ref are made a part of this agreemt.  Co also agrees that the work will be performed in accordance with said regulation.

  (7)  If any substantial change is made in the original plan & extent of the work, Co agrees that reimbursemt therefor shall be limited to costs covered by a supplemt'l agreemt or change order having approval of the City PRIOR to the performance of the work.

  (8)  At all times when work is being performed by Co under such conditions as will affect traffic on the public hwys, Co shall display warning signs, barricades, flags, lights &/or flares as circumstances may require & shall employ & use a flagman when required for safety of the traveling public, all in accordance with the standards set forth in the "Manual on Uniform Traffic Control Devices" (MUTCD).

  (9)  City agrees to furnish Co with all necessary info of the levee improvemt in order to properly carry out the utility relocation. 

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  (10)  Upon completion of the work provided for herein, Co shall remove all leftover materials & debris resulting from the work & leave the ROW in a neat, workmanlike condition, free of holes, mounds of dirt or other objectionable material.

  (11)  City will provide an esmt or esmts to Co for facilities in areas of ROW being abandoned due to the levee project in locations reasonably acceptable to Co & at no add'l cost to Co.

  (12)  This Agreemt shall inure to the benefit of the successors & assigns of City & Co.

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  IN WITNESS WHEREOF, the parties hereto have caused this Agreemt to be executed by their duly auth'd ofc'ls.

  Executed by Co this    [ 4th ]   day of     [ May ]    ,   [2005]  .

  Executed by City this    ((blank))        day of    ((blank))    ,   ((blank))  .

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EXH "B"

VP Levee Project

An Est to Relocate 12", 6", & 2" SSF Gas Main in VP

Lac Gas Co Work Order 68540/58048

All TOTALS * Have Been Rounded to the Nearest Whole Dollars