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HomeMy WebLinkAbout1086 Agreement Levee Dist- Line Creek BILI NO. 2011-034 ORDINANCE NO. 1 D�lp AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH RIVERSIDE-QUINDARO BEND LEVEE DISTRICT OF PLATTE COUNTY, MISSOURI WHEREAS, the Board of Aldermen find it is in the best interest of the City to enter into an agreement with the Riverside-Quindaro Bend Levee District for the construction of certain improvements in connection with the extension of a pedestrian trail along the west bank of Line Creek 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— AGREEMENT APPROVED That the Riverside Board of Aldermen ("Board") hereby approves the Construction Agreement by and between the City and Riverside-Quindaro Bend Levee District of Platte County, Missouri, in substantially the form attached hereto as Exhibit "A", and the Mayor is authorized to execute the Construction Agreement and to take such other actions reasonably necessary to carry out the intent of this Ordinance on behalf of the City. SECTION 2— AUTHORITY GRANTED The Mayor, the City Administrator, the City Attorney and other appropriate City officials are hereby authorized to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Ordinance and to execute and deliver for and on behalf of the City all certificates, instruments, agreements and other documents, as may be necessary or convenient to perform all matters herein authorized. SECTION 3- EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and approval. BE IT REMEMBERED that the above was read two times by heading only, PASSED AND APPROVED by a majority of the Boa� of Alderme� an �A�P�PR�OVED by the Mayor of the City of Riverside, Missouri, this �_ day of ���,'��,?`�+� 2011. ' � M yor Kathleen L. Rose ATTEST: Approved as to form: .�_� , � �' .� �� �i��� , c� Robin Littrell, City Clerk anc omp n, ity Attorney CONSTRUCTION AGREEMENT THIS AGREEMENT, made and entered into this llth day of Janu�_, 20 12, by and between the Riverside-Quindaro Bend Levee District of Platte County, Missouri, a political subdivision organized pursuant to the laws of the State of Missouri ("Levee District") and the City of Riverside, Missouri (the "Project Sponsor"). WITNESSETH: WHEREAS, the Levee District is the Local Sponsor under a Project Cooperation Agreement ("PCA") dated September 23, 1997, between the Levee Districi and the Department of Army ("Government") for the construction of the Missouri River Levee Unit L-385 ("Levee Project"); and WHEREAS, pursuant to the PCA, the Levee District obtained all Right-of-Way (KOW), Flood Protection Levee Easements (FPLE) and other real estate interests reyuired for the Levee Project; and WHEREAS, Article III of the PCA requires the Levee District to ensure that the right- of-way obtained for the Levee Project is retained in public ownership; and WHEREAS, the Government and the Levee District have the responsibility to ensure that all improvements which pass over, under or through the walls, levees, improved channels or floodways, or construction within the Levee District ROW, the FPLEs and/or within the Levee Critical Area (LCA) of the Levee Project, or any change to any feature of the flood protection system do not take place without prior determination of the Government and the Levee District that the construction will not adversely affect the functioning of the Levee Project or the rights of the Levee District in the FPLEs or Levee District ROW; and WHEREAS, lhe LCA is generally defined as the area of land extending 340 feet riverward and 500 feet landward from the centerline of the L-385 Levee; and WHEREAS, the Levee District is obligated to ensure that the operation and maintenance of the L-385 flood protection system will be in accordance with Title 33 of the Code of Federal Regulations; and WHEREAS, the Government and the Levee District have the further responsibility to ensure that construction within the LCA, ROW and/or the FPLEs is completed in accordance with the plans, desi�n and specifications approved by the Government and the Levee District (the "Approved Plans"); and WHEREAS, the Levee District has adopted a set of Procedures for Work for all work being proposed and undertaken within the Levee District ROW, FPLEs and/or LCA, said Procedures being incorporated herein and made a part hereof by this reference (the "Procedures for Work"); and 1 WHEREAS, the Levee District has heretofore provided or contemporaneously herewith provides the Project Sponsor with the Procedures for Work; and WHEREAS, the Project Sponsor is proposing a project to extend a pedestrian trail along the west bank of Line Creek (the "Proposed ProjecY') which is located within the I,CA and/or the Levee District ROW and/or a FPLE; and WHEREAS, the plans, design �nd specifications for the Proposed Project are required to be reviewed and approved by the Levee District's engineer and the Government; and WHEREAS, the Levee District desires to remain eligible for flood disaster relief benefits under P.L. 84-99; and WHEIZEA5, following written notification from the Levee District engineer of the approval of the plans, designs and specifications for the Proposed Project, the Project Sponsor will be permitted to proceed with construction of the Proposed Project; and WHEREAS, the Levee District is mandated by Federal regulations and policies to ensure that construction within the ROW, FPLEs and the LCA conforms to the Approved Plans; and WHEREAS, the Levee District engineer ("tlffinis") will have a field representative providing observation of construction witllin the Levee District ROW, FPLEs and the LCA; and WHEREAS, under the Procedures for Work the Project Sponsor is obligated to pay for the field observation services provided by Affinis in connection with the construction and work within the Levee District ROW, FPLEs and the LCA. NOW, THEREFORE, in consideration of the respective covenants and agreements made by each party herein and the mutual benefits to be received by each party hereto, the Levee District and Project Sponsor agree as follows: 1. The parties acknowledge that the primary purpose of the L-385 Levee Project is to provide flood protection. The Project Sponsor's use of the area within the Levee District ROW and/or the FPLF,s shall be subordinate to the Levee District's rights for operation and maintenance of the Levee Project and for flood protection and flood fighting purposes. 2. The Project Sponsor shall include survey control requirements as part of the plans, design and specifications for the Proposed Project and shall require the contractor performing the work on the Proposed Project to establish the survey control requirements prior to performing any work on the Proposed Project loeated within the Levee District ROW, FPLEs and/or the LCA. 2 � ' � 3. Following approval of the plans, design and specifications for the Proposed Project the Approved Plans shall be incorporated herein and made a part of this Agreement by this reference as if fully set forth herein. 4. The Project Sponsor agrees that all work and construction on the Proposed Project shall be in accordance with the Approved Plans and that the Proposed Project improvements (the "Improvements") will be located as shown on the Approved Plans. Following completion of the Improvements, the Project Sponsor shall promptly restore all areas within the Levee District ROW, the FPLEs and/or the LCA which were affected by the work on the Improvements to a similar condition as existed immediately prior to the work on the Improvements. 5. The Levee District hereby agrees to the Project Sponsor beginning wark on the Proposed Project provided that (a) the Project Sponsor has a pre-construction meeting which shall include the Levee District engineer prior to beginning work on the Proposed Project and (b) the Project Sponsor, its engineer or its contractor shall notify the Levee District and its engineer in writing or by email ai least 48 hours prior to beginning construction in order for a representative of the Levee District engineer to be present during construction. 6. Priar to beginning construction, the Project Sponsor shall deliver to the Levee District engineer three half-size sets of Approved Plans for the Improvements. 7. In the event the Levee Uistrict engineer determines that any work is not in compliance with the Approved Plans, the Levee District engineer shall have the authority to notify the Project Sponsor and/or its contractar of the non-complying work and shall have the authority to suspend all work which is not in compliance with the Approved Plans. Following such notification, the Project Sponsor agrees to cause its contractor and all other parties performing such non-complying work to suspend all work which is not in compliance with the Approved Plans. The failure to suspend all work which is not in compliance with the Approved Plans may cause irreparable injury to the Levee Project. Therefore, in addition to any other remedies available under this Agreement or applicable law, the Levee District shall be entitled to seek injunetive relief or such other order from a court to specifically enforce the provisions of this Agreement. The Project Sponsor shall indemnify the Levee District and hold the Levee District harmless from and against any and all actions, suits proceedings, liabilities, damages, losses, costs and expenses, including attorneys' fees, arising out of or in connection with any breach or failure to perform by the Project Sponsor of any one or more provisions of this Agreement. 8. Any proposed modifications of the Approved Ylans, whether such modiFcations occur prior to or during construction, shall be presented to the Levee District engineer for review and forwarding to the Government for review and comments. The Levee District engineer and the Government must approve all such proposed modifications by letter or email beforc the modified work is performed. 9. The current permanent Levee District right-of-way limits will be maintained and unaltered by this Agreement. 3 10. The Project Sponsor shall be responsible for the inspection, physical maintenance, repair and/or replacement of the Improvements located within the Levee District ROW, the FPLEs and/or the LCA, and the Project Sponsor agrees to maintain the Improvements in good condition. The Project Sponsor shall give the Levee District engineer not less than 48 hours notice in writing or by email (except in the case of emergency repairs in which case the Project Sponsor shall give the Levee District engineer reasonable advance notice) prior to undertaking any maintenance, repair or replacement work with respect to the Improvements located upon or within the Levee District ROW, the FPLGs or within the LCA. All such work activities may be observed by the Levee District engineer or other Levee District personnel. All inspections, maintenance, repairs and replacement work shall be at the Project Sponsor's exclusive cost. 11. The Levee District shall be wholly responsible for the inspection, maintenance, operation, repair and replacement of the levee improvements and for all flood fighting activities within and upon the Levee District ROW, the FPLEs and the LCA. In the event the Levee District determines that any of the Project Sponsor's Improvements require maintenance, repair or replacement in order for the Levee District to comply with the requirements of Title 33 of the Code of Federal Regulations, the L-385 Operation and Maintenance Manual and other applicable regulations, the Levee District shall give the Project Sponsor written or email notice of said needed work and the Project Sponsor shall promptly undertake said needed wark at its exclusive cost. The Levee District shall not be responsible to the Project Sponsor far damages to the Improvements which may occur as a result of the Levee District performing maintenance, repair and/or replacement wark or flood fighting and flood protection activities. The Levee District shall not be obligated to repair, replace or restore any of the Improvements whicl� may be damaged or otherwise affected by the Levee District's performance of maintenance, repair and/or replacement work or flood fighting and flood protection activities. ] 2. In the event the Levee llistrict determines that the Improvements within the Levee ROW need to be removed and/or relocated in connection with any Levee District maintenance, repairs ar replacement of levee improvements, or in connection with flood fighting and flood protection activities, the Levee District shall give the Project Sponsor written notice of said needed removal and/or relocation of the Improvements thereby affected. Upon receipt of such notification, the Project Sponsor shall promptly undertake such removal and/or relocation of the Improvements and be solely responsible for all costs of such removal and/or relocation work. 13. To the extent permitted by law, the Project Sponsor agrees to indemnify the Levee District and hold the Levee District harmless from and against its actual costs, damages, liabilities, obligations and expenses which the Levee District may incur caused by the construction and placement of the Improvements within the Levee District ROW, specifically the loss of or ineligibility to receive federal flood disaster relief beneflts under P.L. 84-99 by reason of the presence of any improvements within the Levee District ROW. 14. With respect to the Proposed Project the Project Sponsor agrees to comply with the Procedures for Wark, including the payment of the engineering services provided by the Levee District engineer on the Proposed Project in accordance with the terms and provisions of the Procedures for Work. 4 � ' i I 15. Upon completion of all of the Improvements within the Levee District ROW, the FPLEs and the LCA, the Project Sponsor shall provide the Levee District engineer with three (3) full-size sets of the as-built drawings of the Improvements. 16. This Agreement shall be binding upon the parties hereto and their respective successors and assigns. 17. This Agreement and the terms and provisions herein shall be construed and interpreted in accordance with the laws of the State of Missouri. IN WITNESS WHEREOF, the parties have executed this Agreement in duplicate originals the day and year set forth by their respective signatures. RIVERSIDE-QUINDARO BEND LEVEE DISTRICT OF PLATTE COU , IyIISSOURI�. � �� /�/� /�� � � �> $y; / `�O`::.'-�'i0' Ct�tl!�-:.'=``"rGi'�-c Donald P. Coleman President of Levee District Board of Supervisors Date: January 11, 2012 CITY OF RIVERSIDE, MISSOURI Name & Address of Project Sponsor By: � Representative for invoicing purposes: ame & Title Date: . 5� 0 � of Riverside 2950 NW Vivion R�1. Riverside, MO 64150 5