HomeMy WebLinkAbout1053 - Coop Agreement with KCMO-Northwood Rd BILL NO. 2011-007 ORDINANCE NO. �J
AN ORDINANCE AMENDING ORDINANCE NO. 1041 APPROVING A COOPERATIVE
AGREEMENT WITH KANSAS CITY, MISSOURI IN CONNECTION WITH THE NORTHWOOD
ROAD PROJECT, RATIFIYING AND CONFIRMING THE EXECUTION AND DELIVERY OF
SAME, AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH.
WHEREAS, the Board of Aldermen approved execution of a cooperative agreement with
the City of Kansas City, Missouri for construction road improvements where the city limits of
Kansas City and Riverside abut along a portion of 52" Street and Northwood Road on
November 16, 2010 by Ordinance No. 1041; and
WHEREAS, subsequent to approval by the Board of Aldermen, the parties determined it
would be advantageous to modify such agreement to provide for additional duties and
responsibilities related to such public improvements; and
WHEREAS, the Board of Aldermen find and affirm that improving 52n Street and
Northwood Road by each city of only its portion of the roadway would be extremely difficult,
inefficient and costly, but which the parties can avoid by this cooperative interlocal agreement; and
WHEREAS, the Board of Aldermen find it is necessary and desirable to amend
Ordinance 1041 to approve execution of the cooperative agreement with the City of Kansas
City, Missouri in substantially the same form as set forth in Exhibit A attached hereto;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE
CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
SECTION 1— AMENDMENT OF ORDINANCE 7047. That Ordinance 1041 is hereby
amended to provide for a new Exhibit A thereto in substantially the same form as set forth
herein and attached hereto as Exhibit A.
SECTION 1— AGREEMENT APPROVED. That the Cooperative Agreement attached
hereto as Exhibit A(which is incorporated herein by reference) is hereby approved. The
Cooperative Agreement attached to Ordinance 1041 is hereby rescinded and shall be replaced
with the new Exhibit A attached hereto. Further, the execution of such Agreement and the
delivery of same to Kansas City, Missouri is hereby ratified and confirmed.
SECTION 2— AUTHORITY GRANTED. That all actions heretofore taken by the
officers, representatives and agents of the City in connection with the transaction contemplated
by this Ordinance are hereby ratified and confirmed, and the City shall, and the officers,
representatives and agents of the City are hereby authorized and directed to, take such further
action, and execute and deliver such other documents and instruments as may be necessary or
desirable to carry out and comply with the intent of this Ordinance, and to carry out, comply with
and perform the duties of the City with respect to the Cooperative Agreement.
SECTION 3- EFFECTIVE DATE. That this Ordinance shall be in full force and effect
from and after its passage and approval.
BILL NO. 2071-001 ORDINANCE NO. ��
BE IT REMEMBERED that the above was read two times by heading only, PASSED
AND APPROVED by a majority of the Board of dermen and APPROVED by the Mayor of the
City of Riverside, Missouri, this 1A'�- day of , 2011.
�2��9a �.
Mayor Kathleen L. Rose
A� App s to form:
Robin Littrell, ity Clerk a o son, City Attomey
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COOPERATIVE AGREEMENT FOR CONSTRUCTION OF ROAD IMPROVEMENTS
This Cooperative Agreement for construction road improvements is made by and
between the City of Kansas City, Missouri, hereinafter referred to as "KEINSAS CITY", and the
City of Riverside, Missouri, hereinafter referred to as "RIVERSIDE".
Recitals
WHEREAS, Northwood Road serves as the only north-south route connecting Route 45
and Route 9 in Riverside and Kansas City; and
WHEREAS, Northwood Road is an ununproved narrow and hilly road without sidewalks
and proper sight lines that connects numerous single, multi-family residences, Platte County's
regional Green Hills Park, Southeast Elementary School, Park Hill South High School and local
small businesses; and
WHEREAS, improving Northwood Road by each city of only its portion of the roadway
would be extremely difficult, inefficient and costly and it is in the best interest of all ef the
citizens of both the Cities to improve Northwood Road in a cooperative effort ; and
WHEREAS, Riverside and Kansas City wish to enter an agreement regarding the
financing of the the cooperative effort to improve Northwood Road;
NOW, THEREFORE, in cotisidaration of the rnutual covenants anJ agreen.ents set forth
herein, the parties hereby mutually agree as follows:
AGREEMENT
PART I: SPECIFIC TERMS AND CONDITION5
1. Scope of Agreement. The purpose of r.his �igreement ?s to provide for a cooperatire
effort Uetween KANSAS CI'TY and RIVF.RSiDE for the con�'auction of the Project in
accordance widi i1�e terrris and conditions set farth herein.
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2. Definitions. Unless otherwise specified in this Agreement, the following words have the
meanings indicated herein, which are applicable to both the singular and plural thereof:
A. CONTRACTOR means RNERSIDE's contractor and all Subcontractors.
B. DESIGN PROFESSIONAL means any architect or engineer hired by RIVERSIDE to
perform design services far the project.
C. PROJECT means the design and construction of 52" 5treet and Northwood Road
described more specifically in Section I.4.B.
D. PAYMENT BOND, PERFORM�INCE BOND and MAWTENANCE BOND mean the
forms of security executed by RIVERSIDE's Contractors and their Sureties.
E. SURETY means the corporation, partnership or individual, duly licensed and authorized
to do business in Missouri, bound with and for Contractor to guarantee and assume legal
liability for payment of any and all obligations as provided in the City Charter and
Section 107.170 R.S.Mo 1994, as amended, and to guarantee and assume legal liability
for the faithful performance of this Agreement.
3. License to use right-of-way. K.ANSAS CITY herby grants to RiVERSIDE, its
representatives, employees, engineers, consultants and contractors a license to use that portion of
the public right-�f-v�ay in order to allow th:, performance of the Project its accordance with tl:e
terms of this Agreement. The term of the license shall run concurrently with the term of this
Agreement and shalt expire at the time KANSAS CITY accepts the Project from RIVERSIDE.
The grant of a license by the KANSAS CITY to RIVERSIDE shall not constitute a conveyance
of any interest in the public right-of-way.
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4. Obligations of RIVERSIDE. RNERSIDE agrees to the following:
A. FUNDING. RNERSIDE will pay 100% of the costs associated with designing
and constructing the Project, except as otherwise provided in Section S.H.
B. SPECIFIC IMPROVEMENTS. RIVERSIDE shall design and construct the
following specific improvements located within the limits of KANSAS CITY:
i. 52" Street west from Northwood Road (as generally shown on the
Boundary Map, attached hereto as Exhibit A);
ii. Northwood Road north of 52" Street (as generally shown on the
Boundary Map, attached hereto as Exhibit A).
C. SELECTION OF DESIGN CONSULTANTS. KANSAS CITY
acknowledges that RNERSIDL and KANSAS CITY using quality based selection
procedures has selected Shafer, Kline and Warren, P.C., as the Project's design
consultant.
D. PLAN DEVELOPMENT, REVIEW AND APPROVAL. RNERSIDE shall
obtain construction plans for the Project. All plans shall conform to RIVERSIDE and
KANSAS CITY standards for storm sewer, street and utility design, although both
RIVERSIDE staff and KANSAS CITY staff reserve the right to issue vaziances to these
standar�'s as d:emed necessary. Once the cor.struction plans ar� com�lete, R.IVERSIDE
shall submit the plans to the KANSAS CIT'Y Public Works Department for review and
comr.lent. Any KANSAS CITY comments forwarded to RIVERSIDE shall be addressed
by the design consultant, and RIVERSIDE shall then resubrnit the canstruction plans to
the Public Wor.ks I)epartrnent far its final approval.
E. AD R1GHT-OF-WAY. RIVERSII?E shall be responsible for
acquiruig any additional right-ot=way and easements needed for any transportation
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related improvements constructed pursuant to this Agreement. All right-of-way and
easements acquired by RIVERSIDE which are located within the limits of KANSAS
CITY will be conveyed to KANSAS CITY, and KANSAS CITY agrees to receive such
conveyances.
F. CONSTRUCTiON CONTRACT. Upon completion of the construction
plans, RIVERSIDE shall solicit bids from construction contractors in accardance with
RIVERSIDE's bidding procedures required by Missouri Law. After review of a11 bids,
RNERSIDE shall award the construction contract to the lowest and best bidder,
reserving the right to refuse any and all bids.
G. CONSTRUCTION RECORDS. RIVERSIDE agrees to furnish to KANSAS
CITY information consisting of reports and engineering plans and studies concerning the
Project constructed pursuant to this Agreement. RIVERSiDE agrees to fiu to
KAN5AS CITY for information purposes, within thirty (30) days following completion
of the work, one (1) set of reproducible Mylar drawings and one (1) electronic file on
3.5-inch magnetic disks for all drawings generated by the computer-aided drafting
system. If system is other than "microstation", drawings shall be furnished as DXF files.
RNERSIDE further agrees that th� aforesaid materials shall become and remain the
property of KANSAS CITY.
H. KANSAS CITY PARTICIPATION. RNERSIDE agrees to seek and
encourage full participation and attendance from staff inembers of the Engineering
Division af the KANSAS CIT'Y Public Works Department in all cr�ee:ings relating to the
construction of the Project, including, ��at not limited to design prc�posal solicitation,
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consultant selection, development of design plans, plan review, right-of-way acquisition,
utility relocation and construc6on of transportation related improvements.
5. Obligations of the KANSAS CITY. KANSAS CITY agrees to the following:
A. KANSAS CITY PLAN REVIEW. The Public Works Department shall have two
weeks to review the plans and provide comments to RIVERSIDE.
B. FINAL ACCEPTANCE. Upon completion of the Project, KANSAS CITY shall
evidence its fmal acceptance of the Project in writing to RNERSIDE.
C. MAINTENANCE OF IMPROVEIVIENTS AND RIGHT-OF-WAY. Upon
KANSA3 CITY'S fmal acceptance of the Project, KANSAS CITY shall be responsible
for maintenance of all transportation related improvements and of a11 right-of-way,
including any right-of-way acquired specifically pursuant to this project located within
the municipal boundaries of KANSAS CITY.
D. KANSAS CITY FEES. Plan review and project coordination fees will not
be assessed to RIVER5IDE by KANSAS CITY. In addition, KANSAS CITY shall
assess no pertnit fees associated with design or construction, road closure fees, land
disturbance fees to RNERSIDE or any contractor employed by RIVERSIDE pursuant to
this Agreement.
E. UTILITY RELOCATION. KANSAS CITY agrees to cooperate with
RIVERSIDE as necessary to facilitate any utility relocation.
F. RIGHT-OF-WAY. KANSAS CITI' agrees to cooperate with RIVERSIDE as
necessary to facilitate the acquisitior. of right-of-way an� easements.
G. CONS'TRUCTION PROCESS. During the consiruction process, either
RNERSIDE staff or an:nspection contractor approve� by �oth parties will perforni and
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complete inspection of the construction of the Improvements. All inspection reports will
be provided to the Engineering Division of the KANSAS CITY Public Works
Department. RNERSIDE agees that all work in constructing the Project pursuant to
this Ageement sha11 be open to inspection by KANSAS CITY.
H. COSTS. KANSAS CITY agrees to contribute $435,000 (four hundred
thiriy-five thousand dollars), which Riverside may allocate at its choice to cover costs up
to $50,000 (fifty-thousand dollars) associated with the construction of that portion of the
Project which is located within KANSAS CITY, and for costs associated with the design,
engineering, property acquisition, and related work associated with improving
Northwood Road from 52 Street to Prairie View Road. KANSAS CITY further agrees
to transfer the money referenced in this section to RIVERSIDE within fifteen (15) days
of receiving a written request from RIVERSIDE, which request shall contain an
explanation of RIVERSIDE's allocation.
PART II: GENERAL TERMS AND CONDITIONS
1. GeneralIndemnification.
A. For purposes of this Section 1 only, the following terms shall have the meanings
listed:
i. Claims mean all claims, damages, liability, losses, costs and expenses,
including reasonable attorneys' fees.
ii. RNERSIDE's.9gents means RNERSIDE's officers, employees, agents
or subcontractors.
iii. KANSAS CITY means KANSAS CITY and its agents, officials,
oYficers, emplayees an�i s�ibcontractors.
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B. To the extent allowed by law, RIVERSIDE shall defend, indemnify, and hold
harmless KANSAS CITY and any of its agencies, of�icials, officers, and
employees from and against all claims, damages, liability, losses, costs, and
expenses, including reasonable attorneys' fees, arising out of or resulting frorn
any acts or omissions in connection with the performance under this Agreement,
caused in whole or in part by RIVERSIDE, its employees, agents, or Contractors,
or others for whom RIVERSIDE is legally liable.
C. Nothing in this section shall apply to indemnification for professional negligence
which is specified in a separate provision of this Agreement.
D. RNERSIDE's contracts with RNERSIDE's Contractors in connection with the
Project shall require such Contractors to defend, indemnify, and hold harmless
KANSAS CITY under the terms of this section. The obligations of RIVERSIDE
and its Contractors under this section with respect to indemnifcation of
Kt3NSAS CITY, its agencies, ofFcials, o�cers, or employees shall be limited to
the coverage and limits of insurance that RIVERSIDE and its Contractar are
required to procure and maintain under this Agreement.
2. IndemLification far Professianal RTegligence. If RIVERSIDE hires any Design
Professional in connection with the Projec[, then RIVERSIDE's contracts with its Contractors
sha11 cause such Contractors to indemnify and hold hannless the KANSAS CITY and any of its
agencies, officials, officers, or emnloyees from and against all claims, damages, liability, losses,
costs, and expenses, including reascnable attarneys' fees, but only to the ext�nt caused by the
negiigent acts, efforts, or orriissions of such Contractors, its employees, agenis or others far
whom sucn Contractors are legally liable, in the performance of professional ser�;ces for the
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construction of the Project under this Agreement. RNERSIDE and its Contractors are not
obligated under this section to indemnify KANSAS CITY for the negligent acts of the K.ANSAS
CITY's agencies, officials, officers, or employees.
3. Insurance.
A. RNERSIDE's Contractors shall procure and maintain in effect throughout the
duration of this Agreement insurance coverage not less than the types and amounts
specified below. An Owner's Controlled Insurance Program shall be acceptable to
KAN5AS CITY.
i. Commercial General Liability Insurance: with limits of $2,0�0,000 per
occurrence and $2,000,000 aggregate, written on an"occurrence" basis.
The policy shall be written or endorsed to include the following provisions:
a. Severability of Interests Coverage applying to Additional
Insureds
b. Contractual Liability
c. Per Project Aggregate Liability Limit or, where not
available, the aggregate limit sfiall be $2,000,000.
d. No Contractual Liability Limitation Endorsement
e. Additional Insured Endorsement, ISO form CG2010,
current edition, or its equivalent.
ii. Workers' Compensation Insurance: as required by statute, including
Employers Liability with limits of:
Workers' Compensation Statutoty
Employers' Liability with limits of: $100,000 each accident
$500,000 disease - policy 1'unit
$100,000 disease - each employee
iii. Commercial Automobile Liability Insurauce: wiih a lir:iit of $2,000,000 per
occurrence, covering o��neG, hired, and nen-awned autoir�obiles. Coverage
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provided shall be on an"any auto" basis and written on an"occurrence"
basis. This insurance will be written on a Commercial Business Auto form,
or acceptable equivalent, and will protect against claims arising out of the
operation of motor vehicles, as to acts done in connection with the
Agreement, by RNERSIDE or RIVERSIDE'S Contractors.
iv. If applicable, Professional Liability Insurance with limits per claim and
annual aggregate of $ 2,000,000
B. The policies listed above may not be canceled until after thirty (30) days written
notice of cancellation to KANSAS CITY, ten (10) days in the event of
nonpayment of premium. The Cornmercial General and Automobile Liability
Insurance specified above shall provide that KANSAS CITY and its agencies,
officials, officers, and employees, while acting within the scope of their authority,
will be named as additional insured's for the services performed under this
Agreement. RNERSIDE or RIVERSIDE'S Contractor shall provide to KANSAS
CITY prior to the performance of the Project a certificate of insurar:ce showing all
required endorsements and additional insured's. The certificate shall be in
KANSAS CITI"s furnished form or i±s equivalen±.
C. All insurance coverage must be written by companies that have an A.M. Best's
rating of "B+�" or better and are licensed or approved by the State of Missouri to
do business in Missouri.
D. Regardless of any approval by the KANSAS CI1 Y, it is the responsibilit�� of
RIVERSIDE to maintain the required insurance covPrage in force at all times; i�s
failu:e to do so will not relieve it of any contrac:ual obtigation or responsibility°. In
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the event of RIVERSIDE's failure or the failure of its Contractors to maintain the
required insurance in effect, KANSAS CITY may order RIVERSIDE and it
Contractors to itrunediately stop work and, upon ten (10) days notice and an
opportunity to cure, may pursue its remedies for breach of this Agreement� as
provided for herein and by law.
4. Governing Law. This Agreement shall be construed and governed in accordance with
the law of the State of Missouri. The parties submit to the jurisdiction of the courts of the State
of Missouri and venue shal] be proper only in Platte County.
5. Compliance with Laws. RIVERSIDE and all its Contractors shall comply with a11
federal, state and local laws, ordinances and regulations applicable to the Project. RIVERSIDE,
at its own expense, shall secure all occupational and professional licenses and permits from
public or private sources necessary for the fulfillment of its obligations under this Agreement.
All references to "Code" shall mean KANSAS CITY's Code of Ordinances, including any
amendments thereto or recodification thereof.
6. Waiver. No consent or waiver, express or implied, by any party to this Agreement or of
any breach or default by any other party in the performance by such other party of its obligations
under this Agreement shall be deemed or construed to be a consent �r waiver to or of any other
breach or default in the performance by such other party of the same or any other obligations of
such party hereunder. Failure on the part of any party to complain of any act or failure to act of
any of the other parties or to declare any of the other pazties in default, irrespective of how long
such faidure continues, shall not constitate a waiver by such party of its righis under this
Agreernent. RIVEkSIDE and KANSAS CITY reserve the right to waive any term, covenant, or
condition of this Agreement; provided, hotivever, such waiyer shall be in writing and shall 6e
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deemed to constitute a waiver only as to the rnatter waived and the parties reserve the right to
exercise any and all of its rights and remedies under this Agreement irrespective of any waiver
granted.
7. Modification. This Agreement shall not be amended, modified or canceled without the
written consent of the parties to this Agreement.
8. Headings; Construction of Agreement. The headings of each section of this
Agreement are for reference only. Unless the context of this Agreement clearly requires
otherwise, all terms and words used herein, regardless of the number and gender in which used,
shall be construed to include any other number, singular or plural, or any other gender,
masculine, feminine or neuter, the same as if such words had been fully and properly written in
that nutnber or gender.
9. Severability of Provisions. Except as specifically provided in this Agreement, all of the
provisions of this Agreement shall be severable. In the event that any provision of this
Agreement is found by a court of competent jurisdiction to be unconstitutional or unlawful, the
remair.ing provisions of this Agreement shall be valid unless the court finds that the valid
provisions of this Agreement are so essentially and inseparably connected with and so dependent
apon tl:e in��alid provision(s) that it cannot be presumed that th� pa_�ties ±o this Agreement could
have included the valid provisions without the invalid provision(s); or unless the court finds that
the valid provisions, standing alone, are incapable of being performed in accordance with the
intentions of the parties.
10. Audit. KAI`TSAS CITY shall have tne right to audit this Agreement and all books,
docurnents and recerds relating thereto. RN�P.SIDE shall maintain all its books, documen:s and
records relating to ti�is flgreement during the contract �eriod and for three (3) years after the dat�
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of final payment. The books, documents and records shall be made available to the KANSAS
CITY within ten (10) days after the written request is made. RNERSIDE shall require its
Contractor to comply with this provision in connection with services performed on the Project.
11. Tax Compliance. Upon request by the KANSAS CITY, RIVERSIDE shall fiu�nish to
KANSAS CITY sufficient proof from KANSAS CITY's Commissioner of Revenue that
RNERSIDE and its Contractors, if any, are not delinquent for any KANSAS CITY earnings or
occupational license taates, including withholdings from their respective employees.
12. Assignment. Neither KANSAS CITY nor RNERSIDE shall sell, assign, transfer, or
otherwise convey any of their rights under this Agreement without the prior and expressed
written consent of the other party. Each party may, at its sole discretion, refuse to consent to any
proposed sale, assignment, transfer, or other conveyance. Any attempted sale, assignment,
transfer, or conveyance in violation of this paragraph shall be void and sha11 relieve the non-
consenting pariy of any fiirther liability under this Ageement, but shall not relieve the violating
party of any liability. If a parly consents in writing to a sale, assignment, transfer, or
conveyance, unless specifically stated to the contrary in the consent, it shall not release or
discharge the party receiving consent from any duty or responsibility set forth in the Agreement.
13. Conflicts of Interest. RIVERSIDE and its Coniractor shall certify that no offcer ar
employee of KANSAS CITY has, or will have, a direct or indirect financial ar personal interest
in this Agreement, and that no officer or employee of KANSAS CITY, or member of such
officer's or employee's immediate family, either has negotiated, or has or will have an
arrangement, concerning employment to perform services cn behalf of RIVERSIDE or its
Contractor in this Agreement.
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14. No Partnership. It is expressly understood that the parties are not now, nor will they be,
engaged in a joint venture, partnership or any other form of business relationship except as
expressly set forth herein, and that no party shall be responsible for the conduct, warranties,
guarantees, acts, errars, omissions, debts, obligations or undertaking of any kind or nature of the
other in performance of this Agreement.
15. Bonds and Surety.
A. RNERSIDE's Contractors shall fiunish a Payment Bond, Performance Bond and
Maintenance Bond, to KANSAS CITY, executed by a Surety, in the amount of
any contract and the total amount of all contracts entered into between
RNERSIDE and its Contractor's, workers, and material suppliers, guaranteeing
Contractor's faithful performance of each and every term of such contracts and all
authorized changes thereto, including those terms under which RIVERSIDE or its
Contractor agrees to pay legally required wage rates including the prevailing
hourly rate of wages in the locality, as determined by the Department of Labor
and Industrial Relations or by final judicial determinatiun, for each craft or type of
workman required to perform under this Agreement; guaranteeing the payment of
all obligations as provided in Section 107.170 R.S.Mo., 1994, as amended; and
guaranteeing the services and work against faulty workmanship and faulty
materials for the period of time as prescribed by the Performance and
Maintenance Bond. Surety must:
1. Be approved by KA,'VSAS CITY's Finance DepaRment;
2. Be qualitied to issue bonds at amo�.uits specified i�� the �epart�nent af
the Treasury Circular 57Q;
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3. Be licensed by the State of Missouri to do business in the State of
Missouri; and
4. Retain an A.M. Best Rating of B+, class V for Bonds in excess of
$200,000.
B. The bonds shall remain in full force and effect during the term of the Agreement
as set forth in Section of this Agreement.
16. Prevailing Wage. RNERSIDE and its Contractor shall comply in all respects with the
Prevailing Wage Laws of the State of Missouri, Section 290.210 to 290.340, R.S.Mo., 1994, as
amended, and any federal prevailing wage laws that apply to the work. RIVERSIDE agrees that
the KANSAS CITY shall not be responsible for assisting RNERSIDE and its Contractor in
providing any required documentation necessary to demonstrate compliance with the Prevailing
Wage Laws.
17. Binding Effect. This Agreement shall be binding upon the parties hereto and upon their
assigns, transferees and successors in interest, provided neither pariy may assign this Agreement
or the rights or obligations hereunder without the express written consent of the other party.
18. Aepresentations. RIVERSIDE and KANSAS CITY certify that they have the power
and authority to execute and deliver this Agreement, to use the funds as contemplated hereby and
to perfarm this Agre.,ment in acco.dance with its tertns.
19. Buy American Preference. It is the policy of the KANSAS CITY that any
manufactured goads or commodities used or supplied in the performance of any KANSAS CITY
contract or any s��bcontract thereto shall be manufactured or produced in the United 5tates
whenever possible.
20. Recording. Up��n the effective date of this Agreement, this Agreement shall be recorded
Uy KANSAS CITY in Yhe Oftice of the Department �f Records, Pl�tte �ounty, Missouri and a
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copy hereof shall be sent to the Secretary of State of Missouri, in compliance with Section
70300 R.S.Mo.
IN WITNESS WHEREOF, the parties hereto have duly executed this instrument the
day and year first above written.
[SIGNAT`URES BEGIN ON NEXT PAGE]
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KANSAS CITY, MISSOURI:
By: �
Stanley J. arris, P. .
Director o Publ' s
ATTEST T,O: � �/
BY: `�,�.G� �'�t�, �'�2tyrc�ld-�`it ' C9lL��'
Vicki Thompson-Carr
City Clerk
Appr o o m:
By:
Assis Cit rney
State of Missouri )
)ss
County of Jackson )
BF. IT REMEMBERED, that on this �day of � , 2011 before me, the
undersigned, a notary public in and for fhe county and state aforesaid, camc Stanley J. Harris
P.F.., Director of Public Works of Kansas City, Missouri, a municipal corporation duly
organized, incorporated and existing under and by virtue of the laws of the State of Missouri,
and, Vicki Thompson-Carr, City Clerk, of Kansas City, Missouri, who are personally known to
me to be the same persons who executed, as officials, the within instrument on behalf of said
municipal corporation, and such persons duly acknowledge the execution of the same to be the
act and deed of said municipal corporatioi�. �
IN WITNESS WHER�OF, I have hereunto set my hand and affixed my official seal,
the day and year last above written.
r� � / � �
Notary P lic
My commission expires:
�M81Y /�
,� � • M�1rrr s
� . alo� pw�!
.+«� � �ot �
+� ». �o�:
I hereby certify that there is a balance, otherwise unencumbered, to the credit of the
appropriation to which the foregoing expenditure is to be charged, sufFcient to meet the
, obligation hereby incurred, and that there is a balance, otherwise unencumbered, and a cash
balance sufficient to meet the obligation hereby incurred from which payment is to be made.
BY: ���,i��� '��I'l�y
KCMO Director of Finance
I
MAR 15 aMd2:35
1'
RIVERSIDE, MISSOURI:
, ,� � � j
By. C / / y ( _ � c � ' � - .�
Z,��/ �
David Blackburn
City Administrator
ATTEST:
. ,
�'Tio��- C��1-r�-�,��
Robin Littrell
City Clerk
Appr�e s to form:
/
�� ;�
-� . -
`� aticy o pson
Ci�y Attorney
State of Missouri )
)ss
County of Platte )
%�
BE IT REMEMBERED, that on the _�= day of ��,�-,.�� �, 201� before me, the
undersigned notary public in and for the county and �tate aforesaid, came
David Blackburn, to me personally known, who being by me duly sworn did say that he is the
City Administrator of Riverside, Missouri, and that the seal affixed to the foregoing instrument
is the corporate seal of said municipal corporation and that said instrument was signed and sealed
on behalf of said municipal corporation by authority of its Board of Aldermen and acknowledged
said instrument to be the free act and deed of said municipal corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal,
the day and year last above written.
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Exhibit A
Boundary Map
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ORDINANCE N . �d /�5�7
Authorizang the Director of Public Works to execute a public infrastructure cooperative
agreement with the City of Riverside, Missouri, for the design and construction of sheet
improvements for Northwood Road; and authorizing expenditure, with required
approvals, from funds pre��iously appropristted in an amount not to exceed $435,000.00.
WHEREAS, Northwood Road serves as the only north-south route connecting
Route 45 and Route 9 in Riverside a�id Kansas City; and
WHEREAS, Northwood Road is an wurnproved narrow and hilly road without
sidewalks and proper sight lines that connects numerous single and multi-family
residences, Platte County's regional Green Hills Park, Southeast Elementary School, Park
Hill 5outh High School and local small businesses; and
WHEREAS, improving 52nd Skreet and Northwood Road by each city of only its
portion of the roadway would be extremely difficult, inefficient and costly and it is in the
best interest of all of the citizena of both the cities to improve Northwood Road in a
cooperative effort; and
WHEREAS, Riverside and Kansas City wish to enter aa agreement regarding the
financing of the cooperative effort to improve Northwood Road; NOW, TI3EREFORE,
BE IT OR.DAMED BY THE COUNCIL OF KANSAS CITY:
5ection 1. That the Director of Public Works is hereby authorized to enter into
and execute on behalf of the City, Agreement No. CS110084, between the City of
Rlverside, a Missouri municipality, and the City of Kansas City, a Missouri municipality
related to improvements to Northwood Road. The agreement, in substantial form, is on
file in the office of the Directar of Public Works,
Section 2. That the Director of Public Works is authorized to expend an amount
not to exceed $435,000.00 from funds previously appropriated to Account Nos.:
AL-3397-89820]-89008160-B Northwood Road $225,000.00
1]-3090-89820]-89�oS160-B NorthwoodRoad 21Q.000.00 .
TOTAL $435,ODO.dO
as and f�r the City's share nf the cost of the ttforesaid Agreement No CS 110U84.
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QRDINANCE NO. [R-2010-0t 127J
I hereby certify that there is a balance, otherwise unencumbered, to the credit of
the appropriation to which the foregoing expenditure is to be charged, and a cash balance,
otherwise unencumbered, in the ueasury, to the credit of the fund fron� which payment is
to be made, each su�cient to meet the obligation hereby incurred.
�'Y'��4�
Randall J. L des
� � Director af Finance
Approved as to form and legality:
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Bn T. Ra neau
Assistant City Attorney
2
BILL NO. 2011-001 ORDINANCE NO. �.5�
AN ORDINANCE AMENDING ORDINANCE NO. 1041 APPROVING A COOPERATIVE
AGREEMENT WITH KANSAS CITY, MISSOURI IN CONNECTION WITH THE NORTHWOOD
ROAD PROJECT, RATIFIYING AND CONFIRMING THE EXECUTION AND DELIVERY OF
SAME, AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH.
WHEREAS, the Board of Aldermen approved execution of a cooperative agreement with
the City of Kansas City, Missouri for construction road improvements where the city limits of
Kansas City and Riverside abut along a portion of 52" Street and Northwood Road on
November 16, 2010 by Ordinance No. 1041; and
WHEREAS, subsequent to approval by the Board of Aldermen, the parties determined it
would be advantageous to modify such agreement to provide for additional duties and
responsibilities related to such public improvements; and
WHEREAS, the Board of Aldermen find and affirm that improving 52" Street and
Northwood Road by each city of only its portion of the roadway would be extremely difficult,
inefficient and costly, but which the parties can avoid by this cooperative interlocal agreement; and
WHEREAS, the Board of Aldermen find it is necessary and desirable to amend
Ordinance 1041 to approve execution of the cooperative agreement with the City of Kansas
City, Missouri in substantially the same form as set forth in Exhibit A attached hereto;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE
CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
SECTION 1— AMENDMENT OF ORDINANCE 1041. That Ordinance 1041 is hereby
amended to provide for a new Exhibit A thereto in substantially the same form as set forth
herein and attached hereto as Exhibit A.
SECTION 1— AGREEMENT APPROVED. That the Cooperative Agreement attached
hereto as Exhibit A(which is incorporated herein by reference) is hereby approved. The
Cooperative Agreement attached to Ordinance 1041 is hereby rescinded and shall be replaced
with the new Exhibit A attached hereto. Further, the execution of such Agreement and the
delivery of same to Kansas City, Missouri is hereby ratified and confirmed.
SECTION 2— AUTHORITY GRANTED. That all actions heretofore taken by the
officers, representatives and agents of the City in connection with the transaction contemplated
by this Ordinance are hereby ratified and confirmed, and the City shall, and the officers,
representatives and agents of the City are hereby authorized and directed to, take such further
action, and execute and deliver such other documents and instruments as may be necessary or
desirable to carry out and comply with the intent of this Ordinance, and to carry out, comply with
and perform the duties of the City with respect to the Cooperative Agreement.
SECTION 3- EFFECTIVE DATE. That this Ordinance shall be in full force and effect
from and after its passage and approval.
BILL NO. 2011-001 ORDINANCE NO. I�S�
BE IT REMEMBERED that the above was read two times by heading only, PASSED
AND APPROVED by a majority of the Board of dermen and APPROVED by the Mayor of the
City of Riverside, Missouri, this °�-�- day of , 2011.
{ ��7�'/ �an.vt��� !I�
Mayor Kathleen L. Rose
ATT App s to form:
c=��'�� ' �-" f �
C�' !�Z.C.�-�
- Robin L'ittrell, ity Clerk 'a o on, City Attorney
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