Go to: OVERVIEW
(SaveOurCounty) DETAILS
(listener)
PLANNING SCHOOLS ENVIRONMENT EROSION
Report corrections+broken links to Webmaster Get updates on local issues
CO-OPERATIVE VENTURE
AGREEMENT
This ______ day of ____________,20 , comes the Jefferson County
Public Service District, Ranson, West Virginia, a public corporation,
(hereinafter referred to as the "UTILITY"), and , (hereinafter
referred to as the "DEVELOPER"); and agree to enter into a
Co-Operative Venture Agreement for the purpose of providing sewer service to
the
Development (hereinafter referred to as the “DEVELOPMENT”) which is
located in Jefferson County, West Virginia.
WHEREAS, the UTILITY wishes to make sewer
facilities available to the greatest number of Jefferson County residents as
expeditiously as prudently possible; and
WHEREAS, the DEVELOPER is planning to develop
certain lands situated within Jefferson County; and
WHEREAS, the planned
development of DEVELOPER’S property is contingent upon DEVELOPER having proper
sanitary sewer facilities; and
WHEREAS, it is in the best interest of the
future users of the DEVELOPER’S property to have sewer facilities; and
WHEREAS, it is in the best interest of the customers
of UTILITY and the DEVELOPER to expand the UTILITY’S facilities to anticipate
future developments and growth; and
WHEREAS, UTILITY presently sends all of its
wastewater to the Charles Town Wastewater treatment plant for treatment; and
WHEREAS, UTILITY is in the process of
developing a wastewater treatment plant ("UTILITY'S TREATMENT PLANT")
to serve the Cattail Run and Flowing Springs drainage basins; and
WHEREAS, DEVELOPER and UTILITY have determined
that it is more cost effective to construct a small, local treatment wastewater
facility (“REGIONAL PLANT”) to treat flows collected within the DEVELOPMENT and
vicinity until UTILITY’S TREATMENT PLANT is constructed; and,
WHEREAS, the construction proposed by this
agreement includes the construction and installation of the REGIONAL PLANT,
OFFSITE COLLECTION SYSTEM components ("OFFSITE COLLECTION SYSTEM"),
and an ONSITE COLLECTION SYSTEM and appurtenances ("ONSITE COLLECTION
SYSTEM"); (the REGIONAL PLANT, OFFSITE COLLECTION SYSTEM, and ONSITE COLLECTION
SYSTEM are collectively hereinafter referred to as the “PROJECT”) as more fully
described in Exhibit No.1 attached hereto; and
WHEREAS, UTILITY will design and construct the
REGIONAL PLANT AND OFFSITE COLLECTION SYSTEM and DEVELOPER will design and
construct the ONSITE COLLECTION SYSTEM; and
WHEREAS, the DEVELOPER is familiar with the
terms of Rule 5.3 of the Public Service Commission Rules and Regulations for
the Government of Sewer Utilities ("Sewer Rules"), a
copy of which is attached hereto as Exhibit No. 2, and, in order to
facilitate the development of the PROJECT, it willingly waives its right to
reimbursement as provided for therein, or in any successor version of such
Rule; and
WHEREAS, the Developer is familiar with the
terms of Sewer Rule 5.4, a copy of which is attached hereto as Exhibit No.
3, and agrees to install customer service lines in compliance therewith.
NOW, THEREFORE, and in consideration of the
covenants and agreements set forth herein, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged,
the UTILITY and DEVELOPER agree:
ARTICLE I
CONDITIONS
PRECEDENT
Section 1.01.
This agreement and respective terms and obligations of the parties are
neither binding nor effective until the Public Service Commission West
Virginia’s (the "PSC") Final Order approving it is issued.
Section 1.02.
At the time this Agreement is signed by the DEVELOPER, the DEVELOPER
shall pay to the UTILITY the sum of One Thousand Dollars ($1,000.00) to cover
the cost of having the Public Service Commission approve this Agreement. This cost includes, but is not limited to,
legal costs expended in obtaining said approval. If the charges to the UTILITY for Public Service Commission
approval are less than the amount paid by the DEVELOPER to the UTILITY, the
excess shall be refunded to the DEVELOPER.
If the charges are greater than the amount paid by the DEVELOPER to the
UTILITY, the DEVELOPER shall reimburse the UTILITY for the difference. Payment of the sum of One Thousand Dollars,
($1,000.00) is to be made to the UTILITY by the DEVELOPER prior to this
Agreement being forwarded by the UTILITY to the Public Service Commission of
West Virginia for approval. Total
charges to the DEVELOPER under this Section shall not exceed $5,000.00.
Section 1.03.
In recognition of the fact that current proposals for sewer service by
developers in Jefferson County could, if such plans are ultimately carried out,
exceed the current treatment and/or transmission capacity available to the
UTILITY, and, in further recognition that the UTILITY does not currently have a
capital improvement fee in its tariff, DEVELOPER agrees that it will, upon
approval of the Public Service Commission of West Virginia of such a fee, pay
to the UTILITY the applicable capital improvement fee for each equivalent
residential unit within the DEVELOPMENT which is connected to the ONSITE COLLECTION SYSTEM after approval of such
fee.
ARTICLE II
DESIGN
Section 2.01.
The UTILITY will employ Registered Professional Engineers, licensed by the
State of West Virginia to design the REGIONAL PLANT AND OFFSITE COLLECTION
SYSTEM in compliance with the minimum design parameters (size, flow rates and
general location) to serve the DEVELOPMENT and existing and future customers of
the UTILITY expected to arise within the area surrounding the DEVELOPMENT.
Section 2.02. The UTILITY shall provide design
parameters for the proposed REGIONAL PLANT AND OFFSITE COLLECTION SYSTEM to the
DEVELOPER prior to its design so that all parties can agree, in writing, to
sizing and capacity. If the parties cannot agree to the proposed sizing and
capacity, the proposed plans and specifications will be submitted to the DOH/DEP for binding determination. Design parameters may include designation
of property to enable the COLLECTION SYSTEM to transmit flows to the UTILITY'S
TREATMENT PLANT at a later date, including but not limited to land for pump
stations, if needed, and manholes.
Section 2.03. The UTILITY shall submit the
plans and specifications for the REGIONAL PLANT AND OFFSITE COLLECTION SYSTEM
to the appropriate State, Federal and local regulatory agencies for approval.
Section 2.04. The DEVELOPER hereby agrees to
employ Registered Professional Engineers, licensed by the State of West
Virginia to design the ONSITE COLLECTION SYSTEM in compliance with the minimum
design parameters (size, flow rates and general location) to serve the
DEVELOPMENT.
Section 2.05. The UTILITY shall bear no
financial responsibility for the design of the ONSITE COLLECTION SYSTEM or
appurtenances thereto.
Section 2.06. The UTILITY shall provide design
parameters for the proposed ONSITE COLLECTION SYSTEM to the DEVELOPER prior to
its design so that all parties can agree, in writing, to its sizing and capacity.
If the parties cannot agree to the proposed sizing and capacity, the proposed
plans and specifications will be submitted to the DOH/DEP for binding
determination.
Section 2.07. The DEVELOPER shall have the
ONSITE COLLECTION SYSTEM designed to
meet the service requirements of the DEVELOPMENT at full planned capacity.
Section
2.08. The UTILITY shall have the right to approve/disapprove, prior to the
start of construction, all plans, designs, specifications and shop drawings of
the ONSITE COLLECTION SYSTEM and all appurtenances thereto, to ensure that the
ONSITE COLLECTION SYSTEM transports and otherwise conveys the sewage from the
DEVELOPMENT and extensions therefrom in accordance with all current
engineering, regulatory or UTILITY requirements, and the terms of this
agreement, minimizes line loss or minimizes infiltration and eliminates illegal
and improper sources of inflow.
DEVELOPER shall furnish UTILITY'S engineer with all plans, designs,
specifications and shop drawings for review and approval at least thirty (30)
days prior to the expected start of construction. The UTILITY may require such revisions of said plans and
specifications by the DEVELOPER as are necessary before giving final
approval. DEVELOPER shall reimburse UTILITY
for the cost of the review and approval by the UTILITY'S engineer, including
any further review following a request for revision.
Section 2.09. After approval by the UTILITY,
the DEVELOPER shall, at his own expense, submit the plans and specifications
for the ONSITE COLLECTION SYSTEM and to the appropriate State, Federal and
local regulatory agencies for approval.
Section 2.10. The DEVELOPER shall, consistent
with the terms of Articles V and VI of this Agreement, administer, design and
construct the ONSITE COLLECTION SYSTEM to serve the DEVELOPMENT.
ARTICLE
III
PERMITS, EASEMENTS AND PROPERTY RIGHTS
Section 3.01. The UTILITY shall obtain all
necessary permits, authorizations and approvals of Federal, State and local
agencies prior to the construction phase of the REGIONAL PLANT AND OFFSITE
COLLECTION SYSTEM and shall make such changes as required by said agencies.
Section 3.02. The DEVELOPER shall, at its own
expense, obtain all necessary permits, authorizations and approvals of Federal,
State and local agencies prior to the construction phase of the ONSITE
COLLECTION SYSTEM and shall make such changes as required by said agencies.
Section 3.03. The DEVELOPER shall grant the
UTILITY construction and permanent easements within the DEVELOPMENT, using the
easement form attached as Exhibit No. 4, as shown on recorded,
Planning Commission approved plats signed and sealed by a Professional Land
Surveyor, licensed by the State of West Virginia. The DEVELOPER, whenever reasonably possible, shall secure easements
from third parties using the attached easement form and deliver them to the
UTILITY for nominal consideration before construction is started. If, however it is not reasonably possible
for DEVELOPER to secure an easement, the UTILITY shall acquire such property
rights, either by purchase or condemnation.
DEVELOPER shall cooperate with UTILITY and undertake such actions as are
necessary to assign or transfer easements to UTILITY.
Section 3.04. UTILITY shall obtain, by purchase
or condemnation, the real property upon which the REGIONAL PLANT AND OFFSITE
COLLECTION SYSTEM will be located. If
DEVELOPER owns such real property, DEVELOPER shall convey such property to
UTILITY for nominal consideration.
DEVELOPER shall cooperate with UTILITY and undertake such actions as are
necessary to assign and transfer property.
Section 3.05. In order that the UTILITY may
provide sewer service to adjoining properties of the DEVELOPER’S PROJECT, the
UTILITY shall require and the DEVELOPER shall agree to provide all necessary
easements on the DEVELOPER’S property from the DEVELOPMENT to adjoining
properties, at the locations specified by the UTILITY using the UTILITY'S
easement form; Provided, however, the "necessary easements"
contemplated hereunder shall not impose an unreasonable financial burden on the
DEVELOPER, as determined on a "reasonable man" basis. In the event that changes made by the
UTILITY to its system permit, UTILITY agrees that it will, where feasible, and
in the UTILITY'S best interest, take necessary action to eliminate, if
possible, any existing easements which are no longer needed by UTILITY. However, it is understood that no such
action will be taken by UTILITY unless DEVELOPER agrees to be responsible for
the cost of any such action.
Section 3.06. The UTILITY shall assure the
DEVELOPER that the construction of the PROJECT will be within easements or
property held by the DISTRICT and with permits and approvals validly granted to
the UTILITY for such construction prior to the commencement of construction.
Section 3.07. DEVELOPER shall grant to UTILITY
sufficient real property rights to enable such additional facilities as are
necessary, such as pump stations and manholes, to be constructed to connect the
COLLECTION SYSTEM to the UTILITY'S TREATMENT PLANT, if the UTILITY elects to
transmit wastewater generated within the DEVELOPMENT to the UTILITY'S TREATMENT
PLANT.
ARTICLE IV
CONSTRUCTION,
INSPECTION AND FINAL TESTING
Section 4.01. The UTILITY shall be responsible
for the construction of the REGIONAL PLANT AND OFFSITE COLLECTION SYSTEM. The UTILITY shall provide a full time
“resident project representative” during construction of the REGIONAL PLANT AND
OFFSITE COLLECTION SYSTEM. It is
understood that a “resident project representative” is only required for
periods of actual construction and the DEVELOPER shall only be charged for
those periods of actual construction.
The fee for such resident project representative shall be at the going
rate for such services for water and sewer utilities in Jefferson County, West
Virginia, including per diem if travel is required by the UTILITY'S engineer.
Section 4.02. The UTILITY shall construct the
REGIONAL PLANT AND OFFSITE COLLECTION SYSTEM in accordance with the plans and
specifications.
Section 4.03. At all times during the
construction of the REGIONAL PLANT AND OFFSITE COLLECTION SYSTEM the UTILITY
shall maintain sole ownership of the REGIONAL PLANT AND OFFSITE COLLECTION
SYSTEM.
Section 4.04. The UTILITY is to commence construction
of the REGIONAL PLANT AND OFFSITE COLLECTION SYSTEM promptly after UTILITY'S
approval of or closing upon the financing for the PROJECT, as elected by
UTILITY,(even thought he utility will own the regional
plant and the offsite facilities, the developer will pay for them) and
the issuance by the PSC of a final, non-appealable Order approving this
Agreement, together with such other final, nonappealable approvals as are
necessary for the orderly development of the DEVELOPMENT. In the event the construction of the
PROJECT, or any portion thereof, is delayed by litigation, administrative
proceedings or appeals, or for other good cause shown as determined by the
UTILITY in its sole discretion, the period within which construction is to
commence may be extended by such period of time as is required to bring such
litigation, administrative proceedings or appeals to an unappealable
conclusion, to obtain the requisite design parameters for construction, or for
expiration of the good cause delaying construction.
Section 4.05. The UTILITY shall bear no
financial or other responsibility for the construction of the ONSITE COLLECTION
SYSTEM. The UTILITY shall provide a
full time “resident project representative” during construction of the ONSITE
COLLECTION SYSTEM, including service lines to connect dwellings. It is understood that a “resident project
representative” is only required for periods of actual construction and the
DEVELOPER shall only be charged for those periods of actual construction. The fee for such resident project
representative shall be at the going rate for such services for water and sewer
utilities in Jefferson County, West Virginia, including per diem if travel is
required by the UTILITY'S engineer.
Section 4.06. DEVELOPER shall provide UTILITY
with at least two weeks advance notice of its need for inspection of
construction activities by a resident project representative.
Section 4.07. The DEVELOPER shall construct the
ONSITE COLLECTION SYSTEM in accordance with the plans and specifications
developed in accordance with the UTILITY.
Section 4.08. At all times during the
construction of the ONSITE COLLECTION SYSTEM, the DEVELOPER shall maintain sole
ownership of the ONSITE COLLECTION SYSTEM.
Section 4.09. The DEVELOPER is to commence
construction of the ONSITE COLLECTION SYSTEM within twelve (12) months after
the UTILITY’S acceptance and the issuance by the PSC of a final, non-appealable
Order approving this Agreement, together with such other final, non-appealable
approvals as are necessary for the orderly development of the DEVELOPMENT. In the event the construction of the
PROJECT, or any portion thereof, is delayed by litigation, administrative
proceedings or appeals, or in the event that construction is delayed due to the
failure of the DEVELOPER to diligently and timely provide the design parameters
of the PROJECT, or for other good cause shown as determined by the UTILITY in
its sole discretion, the period within which construction is to commence may be
extended by such period of time as is required to bring such litigation,
administrative proceedings or appeals to an unappealable conclusion, to obtain
the requisite design parameters for construction, or for expiration of the good
cause delaying construction.
Section 4.10.
Inspection and Testing.
The DEVELOPER and UTILITY agree to the following:
1. Testing of
the ONSITE COLLECTION SYSTEM shall be done by the DEVELOPER at his expense
under the observation of the UTILITY.
All the necessary equipment and labor for testing the ONSITE COLLECTION
SYSTEM shall be provided and paid for by the DEVELOPER. The testing procedures and standard shall be
conducted as provided in Section 4.13.
2. Testing of
the ONSITE COLLECTION SYSTEM shall be done not less than thirty (30) days after
the ONSITE COLLECTION SYSTEM (or portion thereof) has been installed.
3. The
DEVELOPER agrees to give the UTILITY at least two weeks notice of any tests or
inspections to be conducted and the UTILITY agrees to provide a qualified
representative to witness and approve the test or inspection.
4. Light,
alignment and deflection, Mandrel, infiltration and exfiltration, low pressure
air, manhole, and such other tests, or substitutes therefore as approved by
UTILITY, when applicable, will be conducted according to the accepted industry,
UTILITY, and regulatory standards.
5. If the
ONSITE COLLECTION SYSTEM fails any of these tests then the DEVELOPER shall
remedy the defect at its expense. The
repairs and tests shall be repeated under the supervision of the UTILITY.
6. The UTILITY agrees to notify the DEVELOPER in
writing as soon as possible, but in no event not later than four (4) working
days after the test(s), as to whether the ONSITE COLLECTION SYSTEM or portion thereof is acceptable and if not,
what parts are defective and what remedies are required. The DEVELOPER may commence any repairs or
changes immediately. Any defects will be repaired by the DEVELOPER. Testing after repairs are completed will be
done by the DEVELOPER at its expense under the supervision of the UTILITY.
Section 4.11. The UTILITY shall inspect and
approve, prior to the implementation of service, the construction of the ONSITE
COLLECTION SYSTEM to ensure that sewage will be collected and transported in
accordance with current Federal, State and Local regulations and the terms of
the Agreement, that infiltration is minimized and that illegal and improper
sources of inflow are eliminated, and that the system is constructed in
accordance with the approved designs, plans, specifications, and shop drawings
using materials in compliance with Federal, State and UTILITY’S standards,
consistent with sound utility practices.
Such inspection shall be at the DEVELOPER’S cost. A one year guarantee of materials and
workmanship shall be provided by the DEVELOPER.
Section 4.12. In addition to the tests called
for under Sections 4.10, 4.11, and 4.13, the UTILITY shall have the right to
conduct, at UTILITY'S expense, additional
tests of the PROJECT which UTILITY deems appropriate in the circumstances. UTILITY shall inform DEVELOPER of its intent
to undertake such additional tests, and the standards governing the same,
within thirty (30) days after the PROJECT
(or portion thereof) has been installed, unless the need for such
additional tests is determined in the course of conducting the routine tests
set forth in Section 4.13. DEVELOPER is
not to make final hook up until such time as record (as built) plans are
submitted to the UTILITY for the ONSITE COLLECTION SYSTEM, all aspects of the
PROJECT have been inspected and approved by the UTILITY.
Section 4.13. Routine Testing Procedures and
Standards:
ALIGNMENT AND
DEFLECTION TESTS
The alignment test is to make sure the pipe is laid on
grade. The deflection test is to ensure
that the pipe is not collapsed or otherwise bent.
LIGHT TEST
The light test is a check to see that the pipe is
properly aligned and not collapsed. The
procedure for doing the test is to shine a light into the pipe between each
manhole where applicable. If one sees a
full circle of light then the test is passed verification. Further testing may be conducted eleven (11)
months after installation by Mandrel test procedures as described below.
MANDREL TEST
If less than a full
circle is observed during the initial light test, the mandrel test will be
required. The mandrel will check for
deflected pipe. A mandrel is a rigid
round object with a diameter 95 percent of the inside diameter of the pipe. The mandrel test is accomplished by manually
pulling the mandrel through the pipe.
Mechanical pulling is not allowed.
If the mandrel passes through without resistance then the pipe has
passed the test. If the mandrel appears
to have passed through a puddle of water further investigation needs to be done
to find the low places(s).
INFILTRATION AND
EXFILTRATION TESTS
If the pipe is below the water table this check is to
ensure that ground water will not infiltrate the line. If the pipe is above the water table this
check is to make sue the sewer does not leak out of the pipe.
LOW PRESSURE AIR
TEST
The low pressure air test is performed using the
following procedure:
1. Plug both
ends of the sewer line using pneumatic plugs.
Make sure the plugs are securely blocked. The plug at one end shall have an orifice to allow air to pass
into the pipe. The same plug shall have
an accurate air gauge having a range of 0 to 25 PSI with minimum divisions of
.10 PSI.
2. Air
pressure shall be slowly introduced into the section of the line being tested
until the air pressure in the line is 4.0 PSI.
A minimum of two minutes shall be provided to allow the air pressure to
stabilize within the pipe. Air may be
slowly added or subtracted to maintain the 4.0 PSI pressure.
3. After the two minute stabilization period, adjust the pressure to exactly 3.5 PSI. Start the stopwatch. When the pressure reaches 2.4 PSI stop the stopwatch. The portion of the line shall pass if the time for the pressure to go from 3.5 PSI to 2.5 PSI is greater than the time shown on the following table, then no further infiltration/exfiltration testing shall be required on the pipe.
Pipe Diameter Time
(Inches) (Minutes)
4 2.0
6 3.0
8 4.0
10 5.0
12 5.5
15 7.5
18 8.5
21 10.5
24 11.5
In areas where the ground water is above the level of
the pipe, the pressure will be increased according to the UTILITY’S
specifications. In the event the pipe
does not pass, further appropriate investigation as directed by the UTILITY
shall be conducted and the pipe repaired.
After the repair is completed, testing shall be repeated as provided in
Section 4.10.
MANHOLE TEST (Vacuum)
Manholes
shall be vacuum tested as follows:
1. All pipes entering the manhole shall
be plugged, taking care to securely brace the plugs from being drawn into the
manhole.
2. The test head shall be placed at the
top of the same section and the seal inflated in accordance with the
manufacturer’s recommendation.
3. A vacuum of 10 inches of mercury shall be drawn and the
vacuum pump shut off.
With the valves closed, the time shall be measured for the vacuum to drop to 9 inches. The manhole shall pass if the welltime is greater than 60 seconds for a 48" diameter manhole, 75 seconds for 60"; and 90 seconds for 72".
4.
If the manhole fails the
initial test, necessary repairs shall be made with a non-shrink grout. Retesting shall proceed until a satisfactory
test is obtained.
ARTICLE V
FINANCIAL TERMS
Section
5.01. Prior to the final design of
any phase of the PROJECT, the UTILITY shall furnish DEVELOPER with a cost
estimate, identifying all services and materials needed to design the REGIONAL
PLANT AND OFFSITE COLLECTION SYSTEM, obtain property rights, construct the
REGIONAL PLANT AND OFFSITE COLLECTION SYSTEM, inspect construction of the
ONSITE COLLECTION SYSTEM, test the PROJECT, provide for contingencies, obtain
all necessary regulatory approvals, and other costs associated with the
PROJECT.
Section
5.02. Following DEVELOPER'S review and approval of the PROJECT cost
estimate, DEVELOPER shall obtain independent financing for the PROJECT or phase
thereof and shall provide the UTILITY with adequate assurances (such as a loan
commitment letter issued by a federally insured banking institution) that
sufficient capital has been obtained to complete the construction of the
approved phase of the PROJECT.
Section
5.03. Following DEVELOPER'S satisfaction of the foregoing provision,
UTILITY shall commence final design of the REGIONAL PLANT AND OFFSITE
COLLECTION SYSTEM and related activities.
UTILITY shall submit invoices to DEVELOPER monthly. UTILITY may suspend its efforts on the
PROJECT if an invoice is unpaid 30 days after issuance.
Section
5.04. In the event UTILITY determines that the PROJECT cost will exceed the
original PROJECT cost estimate, UTILITY shall promptly inform DEVELOPER of such
increased costs. DEVELOPER shall
furnish UTILITY with adequate assurances that sufficient capital has been obtained
to complete the PROJECT, unless other arrangements are agreed to by the parties
in writing.
Section
5.05. The DEVELOPER shall finance and complete the construction of the
ONSITE COLLECTION SYSTEM, or specific phase thereof, and shall, in accordance
with the provisions set forth herein, deliver the completed ONSITE COLLECTION
SYSTEM or specific phase thereof to the UTILITY at the earliest possible date
following satisfactory inspection for One Dollar ($1.00).
Section
5.06. DEVELOPER acknowledges that it is aware of the existence of the
reimbursement provisions of Rule 5.3 of the Public Service Commission’s Rules
and Regulations for the Government of Sewer Utilities, and knowingly waives its
rights that it might have under that provision, or under any succeeding version
of such provision.
Section
5.07. Developers of other properties located outside of the DEVELOPMENT
which utilize any of the PROJECT within ten years of the completion of
construction of the PROJECT shall pay the UTILITY a per EDU fee based upon the
total number of EDUs for the watershed calculated by UTILITY, that could take
advantage of the PROJECT, divided into the total cost for the PROJECT. UTILITY shall require all developers
connecting to its system to agree to such payments as a condition of
service. UTILITY shall be held harmless
for any failure or omission to require such payments. UTILITY shall remit such
payments to DEVELOPER. Developers shall
not receive reimbursements which exceed the cost of the PROJECT paid by
DEVELOPER.
ARTICLE VI
OWNERSHIP
Section
6.01. The DEVELOPER shall transfer to the UTILITY for nominal consideration
in accordance with the terms outlined in Article IV and V, ownership of the
entire ONSITE COLLECTION SYSTEM or specific phase thereof including all real
property and easements necessary for ownership, operation and maintenance of
the entire ONSITE COLLECTION SYSTEM or specific phase thereof.
Section
6.02. At the time of transfer of
ownership, the DEVELOPER shall deliver to the UTILITY a disc containing the “as
built” ONSITE COLLECTION SYSTEM on U.S. Geological Survey grids in a format suitable for the UTILITY’s Geological
Information System, and all shop drawings, operating manuals, and written
warranties that were required by the construction specifications and drawings.
Section
6.03. The UTILITY may purchase (?) ownership
of the ONSITE COLLECTION SYSTEM a section at a time or any portion less than
the completion of the entire ONSITE COLLECTION SYSTEM.
Section
6.04. Upon transfer of ownership of the ONSITE COLLECTION SYSTEM or portion
thereof to the UTILITY, nothing in this agreement shall be construed to provide
the DEVELOPER with any ownership or other interest in the PROJECT, which shall
become the exclusive property of the UTILITY except as otherwise provided in
this AGREEMENT. However, DEVELOPER
retains the right to continue to construct, utilize, and hook up to the
transferred portion of the system, pursuant to the then-applicable rates,
tariffs, rules and regulations of the Public Service Commission of West
Virginia, so as to provide access for and service to the remaining portions of
the DEVELOPMENT, and to receive reimbursement from other developer(s) which
utilize off-site facilities constructed by DEVELOPER, as set forth in Section
5.07.
ARTICLE VII
REPRESENTATIONS
AND WARRANTIES
Section
7.01. The UTILITY represents and warrants that the execution, delivery and
performance of this agreement by the UTILITY will have been duly authorized,
and this Agreement constitutes a valid and binding obligation of the UTILITY
enforceable in accordance with its terms.
Section
7.02. The DEVELOPER represents and warrants that ONSITE COLLECTION SYSTEM
will be constructed in accordance with the designs, plans, specifications, and
shop drawings developed by the DEVELOPER.
The DEVELOPER hereby warrants the DEVELOPER’S work on all aspects and
components of the ONSITE COLLECTION SYSTEM for one (1) year from the date of
transfer of ownership to the UTILITY and will make such changes, repairs and
additions, at the DEVELOPER’S expense, as are reasonably needed to maintain the
PROJECT in a proper working condition.
All underground pipe will be accepted by the UTILITY “as is” at the time
of transfer and will be warranted by the DEVELOPER for one (1) year after the
date of transfer as to defects in materials and workmanship. However, the UTILITY will be obligated to
accept the ONSITE COLLECTION SYSTEM only if a “resident project representative”
was present during actual construction, and approved or did not object to the
installation of the ONSITE COLLECTION SYSTEM,
pursuant to Section 4.05 and the ONSITE COLLECTION SYSTEM meets all
tests and standards set forth in Article IV.
ARTICLE VIII
SUBSEQUENT CONNECTIONS
Section
8.01. Tap fees shall be waived if the sewer connection is done by the
DEVELOPER and installation is observed by the UTILITY. A tap is defined as being a connection
leading from the on-site ONSITE COLLECTION SYSTEM to the lot.
ARTICLE IX
MISCELLANEOUS PROVISIONS
Section
9.01. Nothing in this agreement shall be construed to make the UTILITY
liable or responsible for any obligations of the DEVELOPER, nor shall this
agreement be construed to make the DEVELOPER liable or responsible for any obligations
of the UTILITY, except as specifically stated herein.
The
DEVELOPER hereby agrees to save and indemnify and keep harmless the UTILITY
against all liability claims and judgments or demands for damages arising from
accidents to persons or property occasioned by the DEVELOPER, his agents or
employees, and against all claims or demands for damages arising from accidents
to the DEVELOPER, his agents or employees, resulting from the construction
contemplated herein, whether occasioned by said DEVELOPER or his employees or
any other person or persons, and the DEVELOPER will defend any and all suits
that may be brought against the UTILITY for any expenditures that the UTILITY
may incur by reason of such accidents.
The DEVELOPER hereby agrees to save and indemnify and
keep harmless the UTILITY from all claims, demands, causes of action, or suits
of whatever nature arising out of the labor and materials used by the DEVELOPER
and his contractors or subcontractors, and from all laborers, materialmen’s and
mechanics’ liens upon the ONSITE COLLECTION SYSTEM or upon the DEVELOPMENT
property upon which the PROJECT is located arising out of labor and materials
used by the DEVELOPER and his contractors and subcontractors resulting from
construction of the ONSITE COLLECTION SYSTEM and said DEVELOPMENT.
Section
9.02. This agreement constitutes the entire agreement between the UTILITY
and the DEVELOPER with respect to the matters addressed and may be amended only
in a subsequent writing executed by all parties.
Section
9.03. This Agreement may not be
assigned by any party without mutual written consent and is binding upon all
purchasers, heirs or assigns. The
parties hereto agree that the consent to such assignment shall not be
unreasonably withheld. The DEVELOPER
hereby agrees that in the event that the DEVELOPER transfers any portion of the
DEVELOPER’S property within the DEVELOPMENT to any individual (other than
individual homeowners), corporation, or other entity, the DEVELOPER’S rights,
duties and responsibilities under this Agreement shall be binding on and
assumed by any such successor and assign, whereupon the DEVELOPER shall be
relieved and released from any further responsibility, liability, or obligation
under this Agreement as to such portion of the DEVELOPER’S property.
Section
9.04. Any disputes arising under
this agreement may be resolved by the filing of a petition or complaint with
the Public Service Commission of West Virginia, or other court or agency having
jurisdiction.
Section
9.05. If any portion of this agreement is declared void or unenforceable as
a result of a change in Federal or State law or regulations or by a change in
Federal, State or local specifications, the remaining section will remain in
force and any party to this agreement may propose an amendment to the offending
section or part thereof to bring it back into compliance.
Section
9.06. The article and section headings in this agreement are merely for the
convenient reference of the parties and shall not affect the meaning or
interpretation of this agreement.
Section
9.07. The DEVELOPER has read and
understands the provisions of the Public Service Commission’s extension of
mains rule (Rule 5.3 of the Sewer Rules), and DEVELOPER has expressly waived
the applicability of such rule or any successor thereto with respect to the
PROJECT contained herein; both the UTILITY and DEVELOPER have jointly consented
to the utilization of this alternate plan and the DEVELOPER expressly waives
any right for any reimbursement for the costs incurred in the construction and
installation of the PROJECT except as set forth herein.
Section
9.08. The DEVELOPER agrees to waive
its right to a detailed cost estimate, as provided in Rule 5.3.4 of the Sewer
Rules.
Section
9.09. The UTILITY and the DEVELOPER will work together to obtain
expeditious approval of this Agreement by the Public Service Commission of West
Virginia.
WITNESS the following signatures
this day of ,
20___.
DEVELOPER:
By:
Its:
JEFFERSON
COUNTY PUBLIC SERVICE DISTRICT
By:
Its:
STATE OF WEST VIRGINIA
COUNTY OF JEFFERSON, to-wit:
I,
_____________________, a Notary Public in and for the state and county
aforesaid, do hereby certify that _______________________________, signed the
foregoing writing bearing date the _____
day of _____________, 20_____, and has this day in my said county,
before me, acknowledged the said writing to be his act and deed.
Given
under my hand and seal this______ day of _________ , 20____ .
My
commission expires ____________________________.
________________________
Notary
Public
STATE OF WEST VIRGINIA
COUNTY OF JEFFERSON, to-wit:
I,________________________________,
a Notary Public in and for the state and county aforesaid, do hereby certify
that _____________________, in his/her capacity as _________________ for the Jefferson County Public Service
District, signed the foregoing writing bearing date the ________ day of
_____________, 20_____, and has this day in my said county, before me,
acknowledged the said writing to be the act and deed of said corporation.
Given
under my hand and seal this______ day of _________ , 20____ .
My
commission expires ____________________________.
________________________
Notary
Public
EXHIBIT NO. 1
DESCRIPTION OF PROJECT
EXHIBIT NO. 2
RULE 5.3 OF
RULES AND REGULATIONS
FOR THE GOVERNMENT OF
SEWER UTILITIES
EXHIBIT NO. 3
RULE 5.4 OF
RULES AND REGULATIONS
FOR THE GOVERNMENT OF
SEWER UTILITIES
EXHIBIT NO. 4
EASEMENT FORM