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HomeMy WebLinkAbout1122 Cooperative Agreement KCMO BILL NO. 2012-U29 ORDINANCE NO. rl aa� AN ORDINANCE APPROVING A COOPERATIVE AGREEMENT WITH KANSAS CITY, MISSOURI IN CONNECTION WITH THE INTERURBAN BRIDGE AND TRAIL BANK STABILIZATION PROJECT, RATIFIYING AND CONFIRMING THE EXECUTION AND DELIVERY OF SAME, ANp AUTHORIZING CERTAIN AC710NS !N CONNECTION THEREWITH . WHEREAS, the City of Kansas City, Missouri and the City of Riverside, Missouri desire to undertake the cooperate in the construction of certain improvements; and WHEREAS, the Board of Aldermen find and affirm that undertaking the Interurban Bridge and Trail Bank Stabilization Project to provide protection to Kansas City's existing sanitary sewer line and the provide the City of Riverside with bank stabilization and limit scouring of the Interurban Bridge abutment immediately downstream of the sewer line pursuant to the an interlocal agreement is in the best interest of the city and that construction of such improvements by each city independently would be extremely difficult, inefficient and costly; and WHEREAS, the Board of Aldermen find it is necessary and desirable to enter into an agreement with 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— AGREEMENT APPROVED. That the Cooperative Agreement attached hereto as Exhibit A(which is incorporated herein by reference) is hereby approved. Further, the execution of such Agreement and the delivery of same to Kansas City, Missouri is hereby ratified and confirmed. SECTION 2— AUTHORITY GR,4NTED. That ail 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. BE IT REMEMBERED that the above was read two times by heading only, PASSED AND APPROVED by a majority of t Board o Aldermen and APPROVED by the Mayor of the City of Riverside, Missouri, this ay of ,•2012. ,,. , .� ,. . , . • Mayor Kathleen L. Rose �-: A`i''T, ST:- `' ' Appr to form: _ � '. Rabirr Littrell,'City Cierk ho son, City Attomey COOPERATIVE AGREEMENT FOR THE CONSTRUCTION OF THE BANK STABILIZATION PLAN RIVERSIDE MISSOURI This Cooperative Agreement, is entered into this/ day of fey 2012, is made by and between the City of Kansas City, Missouri, a constitutionally chartered municipal corporation by and through its Water Services Department, hereinafter referred to as "KANSAS CITY ", and the City of Riverside, Missouri, hereinafter referred to as "RIVERSIDE ". Recitals WHEREAS, the parties desire to undertake the Interurban Bridge and Trail Bank Stabilization Project ( "Project "), to provide protection to KANSAS CITY's existing 36" sanitary sewer line and to provide RIVERSIDE with bank stabilization and limit scouring of the Interurban Bridge abutment immediately downstream of the sanitary sewer line, all as contained in HDR Engineering, Inc.'s Project No. 116584 design plans which are incorporated into this Agreement by this reference; and WHEREAS, making Project improvements by each city separately would be inefficient and more costly, which the parties can avoid by this cooperative agreement. Agreement NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the parties hereby mutually agree as follows: PART I : SPECIFIC TERMS AND CONDITIONS 1. Scope of Agreement. The purpose of this Agreement is to provide for a cooperative effort between KANSAS CITY and RIVERSIDE for the construction of the Project in accordance with the terms and conditions set forth herein. 1 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. CON TRACTOR means RIVERSIDE's contractor and all Subcontractors. B. DESIGN PROFESSIONAL means any architect or engineer hired by RIVERSIDE to perform design services for the project. C. PROJECT means the design and construction of the Intenuban Bridge and Trail Bank Stabilization Project ( "Project "), as more particularly detailed in HDR Engineering, Inc.'s Project No. 116584. D. PERFORMANCE and MAINTENANCE 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. KANSAS CITY herby grants to RIVERSIDE, its representatives, employees, engineers, consultants and contractors a license to use that portion of the public right -of -way or its easements in order to allow the performance of the Project in accordance with the terms of this Agreement. The term of the license shall run concurrently with the term of this Agreement and shall 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. 4. Obligations of RIVERSIDE. RIVERSIDE agrees to the following: 2 A. FUNDING. RIVERSIDE will pay for items 1 through 13, as noted on HDR's Engineer's Cost Estimate dated May 9, 2012, attached hereto as Exhibit A. B. SPECIFIC IMPROVEMENTS. RIVERSIDE shall design and construct the Project improvements. KANSAS CITY shall review and provide final approval for the design components specific to KANSAS CITY. KANSAS CITY shall inspect the construction activities related to those improvements specific to KANSAS CITY (Items 14 -21, Exhibit A). C. SELECTION OF DESIGN CONSULTANTS. KANSAS CITY acknowledges that RIVERSIDE has selected HDR Engineering, Inc., as the Project's design consultant. D. PLAN DEVELOPMENT, REVIEW AND APPROVAL. RIVERSIDE shall obtain construction plans for the Project. All plans shall conform to RIVERSIDE and KANSAS CITY's design standards, although both RIVERSIDE staff and KANSAS CITY staff reserve the right to issue variances to these standards as deemed necessary. Once the construction plans are complete, RIVERSIDE shall submit the plans to the KANSAS CITY Water Services Department for review and comment. Any KANSAS CITY comments forwarded to RIVERSIDE shall be addressed by the design consultant, and RIVERSIDE shall then resubmit the construction plans to the Water Services Department for its final approval. E. RESERVED. F. CONSTRUCTION CONTRACT. Upon completion of the construction plans, RIVERSIDE shall solicit bids from construction contractors in accordance with RIVERSIDE's bidding procedures required by Missouri Law. After review of all bids, 3 RIVERSIDE 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 furnish to KANSAS 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 a compact disc with all drawings generated by the computer -aided drafting system, Microstation V -8 or Autocad 2011. RIVERSIDE further agrees that the aforesaid materials shall become and remain the property of KANSAS CITY. H. KANSAS CITY PARTICIPATION. RIVERSIDE agrees to seek and encourage full participation and attendance from staff members of the Engineering Division of the KANSAS CITY Water Services Department in all meetings relating to the construction of the Project, including, but not limited to design proposal solicitation, consultant selection, development of design plans, plan review, right -of -way acquisition, utility relocation and construction of related improvements. 5. Obligations of the KANSAS CITY. KANSAS CITY agrees to the following: A. KANSAS CITY PLAN REVIEW. The Water Services Department shall have two weeks to review the plans and provide comments to RIVERSIDE. 11. FINAL ACCEPTANCE. Upon completion of the Project, KANSAS CITY shall evidence its final acceptance of the Project in writing to RIVERSIDE. C. RESERVED. 4 D. KANSAS CITY FEES. Plan review and project coordination fees will not be assessed to RIVERSIDE by KANSAS CITY. In addition, KANSAS CITY shall assess no permit fees associated with design or construction, land disturbance fees to RIVERSIDE 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 CITY agrees to cooperate with RIVERSIDE as necessary to facilitate the acquisition of right -of -way and easements. G. CONSTRUCTION PROCESS. During the construction process, KANSAS CITY shall inspect the construction activities related to those improvements specific to KANSAS CITY (Items 14 -21, Exhibit A). RIVERSIDE staff or an inspection contractor approved by RIVERSIDE shall perform and complete inspection of the construction of those improvement specific RIVERSIDE (Items 1 -13, Exhibit A). All inspection reports will be provided to the Engineering Division of the KANSAS CITY Water Services Department. RIVERSIDE agrees that all work in constructing the Project pursuant to this Agreement shall be open to inspection by KANSAS CITY. H. COSTS. KANSAS CITY shall pay actual costs for Items 14 through 21, as noted on HDR's Engineer's Cost Estimate dated May 9, 2012, attached as Exhibit A. I. FINAL COMPLETION. RIVERSIDE shall give KANSAS CITY written notice upon final completion of the Improvements (the "Notice of Completion "). KANSAS CITY will accept said Improvements upon completion of the following terms: 1) construction and installation of the Improvements, all in accordance with the specifications and this Cooperative Agreement, 2) copy of the field signoff to KANSAS 5 CITY signed by the KANSAS CITY inspector stating the project was constructed in accordance with the approved documents, 3) furnishing of the complete cost of said construction and installation, 4) submission of Affidavits certifying the final costs and certifying that all bills for all labor and materials used on the construction and installation have been paid for the Improvements, 5) submission to the KANSAS CITY Water Services Department of a Notification of Construction Completion, and 6) acceptance of "as- built" drawings of the Improvements certified and sealed by a Registered Land Surveyor and the designing professional engineer. Upon submission of Notice of Completion and all other documents in an acceptable form, the CITY shall have thirty (30) days (the "30 -Day Period ") to accept the Improvements or to provide its written objection to the Improvements and reasons therefore. Once the project is deemed complete, the CITY shall tender final payment to RIVERSIDE no later than thirty (30) days after the 30 -Day Period expires and receipt of the final payment application in acceptable forms from RIVERSIDE. J. PAYMENT. RIVERSIDE shall submit a payment application on the approved KANSAS CITY Application for Payment form, as well as the cost breakdown for the amount paid by KANSAS CITY on the KANSAS CITY approved Schedule of Values form. The KANSAS CITY inspector shall sign off on the payment prior to KANSAS CITY making the payment to RIVERSIDE PART II: GENERAL TERMS AND CONDITIONS 1. Insurance. A. RIVERSIDE'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. 6 Commercial General Liability Insurance: with limits of $2,000,000 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 shall 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 Statutory Employers' Liability: $1,000,000 each occurence iii. Commercial Automobile Liability Insurance: with a limit of $2,000,000 per occurrence, covering owned, hired, and non -owned automobiles. Coverage 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. 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 RIVERSIDE, ten (10) days in the event of nonpayment of 7 premium. Upon request, RIVERSIDE or RIVERSIDE'S Contractor shall provide to KANSAS CITY a certificate of insurance showing compliance herewith. C. Regardless of any approval by the KANSAS CITY, it is the responsibility of RIVERSIDE to maintain the required insurance coverage in force at all times; its failure to do so will not relieve it of any contractual obligation or responsibility. In 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 immediately 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 shall be proper only in Platte County. 5. Compliance with Laws. RIVERSIDE and all its Contractors shall comply with all 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. 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 or 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 parties in default, irrespective of how long 8 such failure continues, shall not constitute a waiver by such party of its rights under this Agreement. RIVERSIDE and KANSAS CITY reserve the right to waive any term, covenant, or condition of this Agreement; provided, however, such waiver shall be in writing and shall be deemed to constitute a waiver only as to the matter 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 number 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 remaining 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 upon the invalid provision(s) that it cannot be presumed that the parties to 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. 9 10. Audit. KANSAS CITY shall have the right to audit this Agreement and all books, documents and records relating thereto. RIVERSIDE shall maintain all its books, documents and records relating to this Agreement during the contract period and for three (3) years after the date 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. RIVERSIDE shall require its Contractor to comply with this provision in connection with services performed on the Project. 11. Tax Compliance. Upon request by KANSAS CITY, RIVERSIDE shall furnish to KANSAS CITY sufficient proof from KANSAS CITY's Commissioner of Revenue that RIVERSIDE and its Contractors, if any, are not delinquent for any KANSAS CITY earnings or occupational license taxes, including withholdings from their respective employees. 12. Assignment. Neither KANSAS CITY nor RIVERSIDE 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 shall relieve the non- consenting party of any further liability under this Agreement, but shall not relieve the violating party of any liability. If a party 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. Upon request, RIVERSIDE and its Contractor shall certify that no officer or employee of KANSAS CITY has, or will have, a direct or indirect financial or 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 10 arrangement, concerning employment to perform services on behalf of RIVERSIDE or its Contractor in this Agreement. 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, errors, omissions, debts, obligations or undertaking of any kind or nature of the other in performance of this Agreement. 15. Bonds and Surety. A. RIVERSIDE's Contractors shall furnish KANSAS CITY a Performance and Maintenance Bond to KANSAS CITY on forms provided by KANSAS CITY, executed by Surety, in the amount of any contract and the total amount of all contracts entered into by RIVERSIDE and its Contractors, workers, and material suppliers, guaranteeing RIVERSIDE's Contractors' faithful performance of each and every term of such contracts and all authorized Contractors agree 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 determination, 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 3 years as prescribed by the Performance and Maintenance Bond. Surety must: 1. Be approved by KANSAS CITY's Finance Department; 2. Be qualified to issue bonds at amounts specified in the Department of the Treasury Circular 570; 11 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. 13. The bonds shall remain in fill force and effect during the term of the Agreement and as set forth in Section 15A above. 16. Prevailing Wage. RIVERSIDE 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 RIVERSIDE 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 party may assign this Agreement or the rights or obligations hereunder without the express written consent of the other party. 18. Representations. 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 perform this Agreement in accordance with its terms. 19. Buy American Preference. It is the policy of the KANSAS CITY that any manufactured goods or commodities used or supplied in the performance of any KANSAS CITY contract or any subcontract thereto shall be manufactured or produced in the United States whenever possible. 20. No Third -Party Beneficiary. The provisions of this Agreement shall not be deemed to create any third party benefit hereunder for any member of the public or to authorize any one, not a party hereto, to maintain suit pursuant to the terms of this Agreement. 12 IN WITNESS WHEREOF, the parties hereto have duly executed this instrument the day and year first above written. KANSAS CITY, MISSOURI: By: ✓� C Terry eeds Director of Water Services Approved as to form: /, / By: Assist.. t Ci Attorney 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, sufficient 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. r By:' '-r • 1 .22\ k Director of Finance 13 RIVERSIDE, MISSOURI: By:_______ / Kathleen L. Rose Mayor ATTEST:. Rgbin Littrell City Clerk ° Approved as to form: i/ _St°/ ,4, .. CST omps.n C Attorney State of Missouri ) )ss County of Platte ) BE IT REMEMBERED, that on the c ali day of , 2012 before me, the X ,leg�n L . undersigned notary public in and for the county\ an state aforesaid, came ILose, Devid-Blarkbuna, to me personally known, who being by me duly sworn did say that he is the p2 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. — - - - -- f ROBIN L LITTRELL Notary Public- Notary Seal State of Missouri, Ray County f Notary Public Commission # 11390631 ` y f My Commission Expires Mar 8, 2015 ennewernern 14 EXHIBIT A 15 ENGINEER'S CONSTRUCTION COST ESTIMATE JNTERIIRRAN BRIDGE AND TRAIT RANK STARII VATIf)N PJ�11y RIVERSIDE, MO May 9, 2012 C ry5� A" R n a � %it +4 ?y= rv'rv l* C d a3kY- x.RW I f ✓2 ,i � y h '1t`F 3 ..' Y�" k C0 5 Riverside 1. Mobilization (Max 3% of Subtotal) 1 LS $ 6,400.00 $ 6,400 2. Temporary Traffic Control 1 LS $ 1,000.00 $ 1,000 3. Clearing and Grubbing 1 LS $ 8,900.00 $ 8,900 4. Unclassified Excavation 1,844 CY $ 16.00 $ 29,504 5. Sediment Fence 400 LF $ 5.00 $ 2000 6. Curb Inlet Sediment Filter 1 EA $ 250.00 $ 250 7. Gabion Wall and Mattress 130 CY $ 350.00 $ 45,500 8. Geoweb® Wall 778 SF $ 50.00 $ 38,900 9. 48" Chainlink Fence, Vinyl Coated 70 LF $ 30.00 $ 2,100 10. 2" Asphaltic Concrete Surface 122 SY $ 20.00 $ 2,440 11. 6" Asphaltic Concrete Base 122 SY $ 40.00 $ 4,880 12. 6" MoDOT Type 1 Aggregate Base 33 TN $ 20.00 $ 660 13. Seeding, Fertilizing & Mulch 0.20 AC $ 3,500.00 $ 700 KC MO TOTAL: $ 143,234 14. Clearing and Grubbing 1 LS $ 8,000.00 $ 8,000 15. Unclassified Excavation 219 CY $ 16.00 $ 3,504 16. Sediment Fence 160 LF $ 5.00 $ 800 17, Gabion Wall 65 CY $ 350.00 $ 22,750 18. 4" Minus Rock 134 TN $ 30.00 $ 4,020 19. 24" D50 Stone Riprap 81 SY $ 150.00 $ 12,150 20. Coir Fabric Bank Stabilization 70 SY $ 350.00 $ 24,500 21. Seeding, Fertilizing & Mulch 0.40 AC $ 3,500.00 $ 1,400 TOTAL: $ 77,124 GRAND TOTAL: $220,358 16