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HomeMy WebLinkAbout1128 Cooperative Agreement with Kansas City for Line Creek Trail Project BILL NO. 2012-034 ORDINANCE NO. � AN ORDINANCE APPROVING A COOPERATIVE AGREEMENT WITH KANSAS CITY, MISSOURI IN CONNECTION WITH THE CONSTRUCTION OF THE LINE CREEK TRAIL PROJECT, RATIFIYING AND CONFIRMING THE EXECUTION AND DELIVERY OF SAME, AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH WHEREAS, the City of Kansas City, Missouri and the City of Riverside, Missouri desire to undertake to cooperate in the construction of certain improvements; and WHEREAS, the Board of Aldermen find and affirm that undertaking the Line Creek Trail Project to complete a 2 mile gap which exists in the Line Creek Trail from NW 62 Street in Kansas City south to Vivion Road in the City of Riverside is in the best interest of the city and that construction of such improvements by each city independently would be extremely di�cult, inefficient and costly; and WHEREAS, the Board of Aldermen find it is necessary and desirable to enter into a cooperative 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 in substantially the same form as 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 by the Mayor and/or City Administrator is hereby ratified and confirmed and the expenditure of funds in the amount of $600,000 for such purposes is hereby authorized. 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 o�cers, 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 �B� ard of Idermen and APPROVED by the Mayor ofthe Cit of Riverside, Missouri, thi a of 2. . J��L.��N �Y�-d� � ' , Mayor Kathleen L. Rose A T: Appro to form: � -� y 1 Robir�.�ittre I, Gty �lerk cy hom on, City Attorney COOPERATIVE AGREEMENT FOR CONSTRUCTION OF THE LINE CREEK TRAIL This Cooperative Agreement for construction of the Line Creek Trail is made by and between the City of Kansas City, Missouri, hereinafter referred to as °KANSAS CITY", and the City of Riverside, Missouri, hereinafter referred to as"RIVERSIDE". Recitals WHEREAS, since 2000, Platte County, Riverside, and Kansas City have invested in over 13 miles multi-purpose bicycle and walking trails along the Missouri River, Line Creek, and NW 64� Street; WHEREAS, these systems are not yet connected as a 2 mile gap exists in the Line Creek Trail from NW 62 Street south to Vivion Road; and WHEREAS, the completion of that gap will connect the NW 64� Street (Southern Platte Pass) and Line Creek Trails to the Missouri River Trail; and WHEREAS, when the Line Creek Trail is completed, over 91,000 residents will be within 2 miles of the regional trail system; and WHEREAS, Kansas City and Riverside wish to partner together to complete the Line Creek Trail gap in 2012; and WHEREAS, it is in the best interest of all of the citizens of Kansas City and Riverside to partner together and contribute available funds to finance completion of the trail; and WHEREAS, both cities desire to provide for a multi-use recreation trail continuous in nature to and from each city, the design and construction of which by each city of only its portion would be inefficient, but which the parties can avoid by this cooperative interlocal agreement. A�reement 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 Line Creek Trail Project in accordance with the terms and conditions set forth herein. The traillength is approximately 10,500 linear feet, beginning from NW 62" Street south to Homestead Park just north of Vivion Road. 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 any person or entity retained by KANSAS CITY to design, install, construct, deconstruct, reconstruct, or maintain the Project and any subcontractor of the person or entity. B. DESIGN PROFESSIONAL means any architect or engineer hired by KANSAS CITY to perform design services. for the Project. C. PROJECT means the design and construction of the Line Creek Trail described more specifically in Section I.S.A. D. PAYMENT BOND, PERFORMANCE BOND and MAINTENANCE BOND mean the forms of security executed by KANSAS CITY's Contractor and its Surety. 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. RIVERSIDE herby grants to KANSAS CITY, its representatives, employees, engineers, consultants and contractors, a license to use that portion of the public right-of-way 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 RIVERSIDE accepts the Project from KANSAS CITY. The grant of a license by RNERSIDE to KANSAS CITY shall not constitute a conveyance of any interest in the public right-of- way. 4. Obligations of RIVERSIDE. RIVERSIDE agrees to the following: A. FUNDING. RIVERSIDE will reimburse KANSAS CITY for actual construction costs, after the Project is completed and accepted, in the amount of $600,000.00, within thirty (30) days of receiving an invoice, provided that all terms and conditions of this Agreement have been met. B. PLAN DEVELOPMENT, REVIEW AND APPROVAL. RIVERSIDE shall review and comment on any construction plans received from KANSAS CITY. RIVERSIDE shall have the right to object to a specific trail route location or trail grade, in which case the parties shall work in good-faith to develop a mutually acceptable alternative. If comments and/or objections aze not received within two weeks from receipt by RIVERSIDE, the plans will be deemed accepted. C. FINAL ACCEPTANCE. Within 2 weeks of completion of the Project, RIVERSIDE shall evidence its final acceptance of the Project in writing to KANSAS CITY. D. ADDITIONAL RIGHT-OF-WAY. RIVERSIDE shall be responsible for acquiring any necessary additional right-of-way and easements needed for the Project within the city limits of RIVERSIDE. E. MAINTENANCE OF IMPROVEMENTS AND RIGHT-OF-WAY. Upon both parties final acceptance of the project, RIVERSIDE shall be responsible for maintenance of a11 trail related improvements and right-of-way located south of 2 Interstate 29 right of way and fifty percent of the maintenance costs of all trail related improvements located witttin Interstate 29 right of way. F. UTILITY RELOCATION. RIVERSIDE agrees to cooperate with KANSAS CITY as necessazy to facilitate any utility relocation. RIVERSIDE shall fund utility relocation costs for portions of the Project within the city limits of RIVERSIDE. 5. Obligations of KANSAS CITY. KANSAS CITY agrees to the following: A. SPECIFIC IMPROVEMENTS. KANSAS CITY shall design and construct the following specific improvements located within the limits of RIVERSIDE: Multi-use recreational trail travelling along Line Creek and terminating at Homestead Park (as generally shown on the Trail Route Eachibit, attached hereto as Exhibit A); the trail shall be constructed to the following specification: 10' wide trail with 6" thick concrete pavement on 4-6" of rock base. B. PLAN DEVELOPMENT, REVIEW AND APPROVAL. KANSAS CITY shall obtain any necessazy construction plans for the Project. Once the construction plans, if any, aze complete, KANSAS CITY shall submit the plans to RIVERSIDE for review and comment. Any RIVERSIDE comments shall be addressed, and KANSAS CITY shall then resubmit the construction plans to RIVERSIDE for its final approval. C. CONSTRUCTION CONTRACT AND PROJECT COMPLETION. Upon completion of the construction plans, KANSAS CITY shall, following relevant procurement policies and laws, award the construction contract. KANSAS CITY shall complete the Project by December 31, 2013 D. CONSTRUCTION INSPECTIONS. During the construction process, either KANSAS CITY staff or an contractor approved by both parties for this purpose will perform and complete inspection of the construction of the Project. All inspection reports will be provided to RIVEKSIDE. KANSAS CITY agrees that all Project work sha11 be open to inspection by RIVERSIDE. E. CONSTRUCTION RECORDS. KANSAS CITY agrees to furnish to RIVERSIDE information consisting of reports and engineering plans and studies concerning the Project constructed pursuant to this Agreement. F. RIVERSIDE PARTICIPATION. KANSAS CITY agrees to seek and encourage full participation and attendance from staff inembers of RIVERSIDE in all meetings relating to the construction of the Project. PART II: GENERAL TERMS AND CONDITIONS 1. GeneralIndemnification. A. For purposes of Sections 1, 2, and 3, 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 means RIVERSIDE and its agents, officials, officers, employees and contractors. 3 iii. KANSAS CITY means KANSAS CITY and its agents, officials, officers, employees and contractors. B. KANSAS CITY's contracts with KANSAS CITY's Contractors in connection with the Project shall require such Contractors to defend, indemnify, and hold harmless RIVERSIDE under the terms of this section. The obligations of KANSAS CITY and its Contractors under this section with respect to indemnification of RIVERSIDE shall be limited to the coverage and limits of insurance that KANSAS CITY and its Contractor aze required to procure and maintain under this Agreement. 2. Indemnification for Professional Negligence. If KANSAS CITY hires any Design Professional in connection with the Project, then KANSAS CITY's contracts with its Design Professional shall cause such Design Professional to indemnify and hold harmless the RNERSIDE and from and against all claims, damages, liability, losses, costs, and expenses, including reasonable attorneys' fees, but only to the extent caused by the negligent acts, efforts, or omissions of such Design Professional, its employees, agents or others for whom such Design Professional is legally liable, in the performance of professional services for the construction of the Project under this Agreement. KANSAS CITY and its Design Professional are not obligated under this section to indemnify RIVERSIDE for the negligent acts of the RIVERSIDE's agencies, officials, officers, or employees. 3. Insurance. A. KANSAS CITY'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. i. 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 with limits of: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee iii. Commercial Automobile Liability Insurance: with a limit of $2,000,000 per occurrence, covering owned, hired, and non-owned automobiles. Coverage 4 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 KANSAS CITY or KANSAS CITY'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 RIVERSIDE, ten (10) days in the event of nonpayment of premium. The Commercial General and Automobile Liability Insurance specified above shall provide that RIVERSIDE while acting within the scope of its/their authority, will be named as additional insured's for the services performed under this Agreement. KANSAS CITY or KANSAS CITY'S Contractor shall provide to RIVERSIDE prior to the performance of the Project a certificate of insurance showing all required endorsements and additional insured's. C. All insurance coverage must be written by companies that have an A.M. Best's rating of "A-V" or better and are licensed or approved by the State of Missouri to do business in Missouri. D. Regazdless of any approval by the RIVERSIDE, it is the responsibility of KANSAS CITY and its Contractar 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 KANSAS CITY's failure or the failare of its Contractor to maintain the required insurance in effect, RIVERSIDE may order KANSAS CITY and its Contractor 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 waive venue, and will not raise forum non convenes as an objection to the location of any litigation. 5. Compliance with Laws. KANSAS CITY and all its Contractors shall comply with all federal, state and local laws, ordinances and regulations applicable to the Project. 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 declaze any of the other parties in default, irrespective of how long 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 5 exercise any and all of its rights and remedies under this Agreement inespective 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, regazdless of the number and gender in which used, sha11 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 insepazably 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. 10. Audit. RIVERSIDE shall have the right to audit this Agreement and all books, documents and records relating thereto. KANSAS CITY shall maintain all its books, documents and records relating to this Agreement during the contract period and for three (3) yeazs after the date of final payment. The books, documents and records shall be made available to the RIVERSIDE within ten (10) days after the written request is made. KANSAS CITY shall require its Contractor to comply with this provision in connection with services performed on the Project. 11. 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 pazagraph 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. 12. Conflicts of Interest. KANSAS CITY 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 6 or will have an arrangement, concerning employment Yo perform services on behalf of KANSAS CITY or its Contractor in this Agreement. 13. 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. 14. Bonds and Surety. A. KANSAS CITY's Contractors shall procure a Payment Bond, Performance Bond and Maintenance Bond executed by a Surety, in the amount of any contract and the total amount of all contracts entered into between KANSAS CITY and its Contractor's, workers, and material suppliers, guazanteeing Contractor's faithful performance of each and every term of such contracts and all authorized changes thereto, including those terms under which KANSAS CITY 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 determination, for each craft or type of workman required to perform under this Agreement; guazanteeing 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. B. The bonds shall remain in full force and effect during the term of the Agreement as set forth in Section of this Agreement. 15. Prevailing Wage. KANSAS CITY and its Contractor shall comply in all respects with the Prevailing Wage Laws of the State of Missouri, Section 290.210 to 290340, R.S.Mo., 1994, as amended, and any federal prevailing wage laws that apply to the work. KANSAS CITY agrees that RIVERSIDE shall not be responsible for assisting KANSAS CITY and its Contractor in providing any required documentation necessary to demonstrate compliance with the Prevailing Wage Laws. 16. Binding Effect. "I'his 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. 17. Representations. RNERSIDE 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. 18. 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 7 KANSAS CITY contract or any subcontract thereto shall be manufactured or produced in the United States whenever possible. IN WITNESS WHEREOF, the parties hereto have duly executed this instrument the day and year first above written. [SIGNATURES BEGIN ON NEXT PAGE] 8 KANSAS CITY, MISSOURI: BY: _ � � �.�n�y Sherri K. McIntyre, P:E. Director of Public Works ATTEST TO: �� I By: - Mazilyi Sanders City Clerk, Acting Approved as to form: By: � Assistant City Attomey 9 RIVERSIDE, MISSOURI: D By: I athleen L. Rose Mayor ATTEST TO: � Robin L' h•ell City Clerk Approved as to form: i ,` � Thompson � City Attomey I hereby certify that there is a balance, otherwise unencumbered, to the credit of the appropriation to which the foregoing expenditure is to be chazged, sufficient to meet the obligation hereby incurred, and that there is a balance, othenvise unencumbered, and a cash balance sufficient to meet the obligation hereby incurred from which payment is to be made. By: �Q�a- Donna Resz Finance Officer il Exhibit A Trail Route Eahibit 13 � A � Y+ 2. S t.�?� �.� �Y" $ v � 3 F i ' � , � ' �� 1 f � ' ��- . 1 �' _ . �" T ' F �+�.. , r��"=w �" ��-- �� „ �,_ + � , ,,�, � . � � rfi - � F ��� �� � a :� ; .. � � � g � p� � �. i i � � �� � � � ' � � � z � � �� �a` 1 � � i}tr n �'- � e y � si o� , rr � �a` '�} ���i i����� �t�� . f '�; � � �� � `�� r t' c ' �" �` �' �,'; �.� I � �.` >'4�� J �. .° . . a -E'1"^ b.��� � �''� -!� �.L;,�� E � N Y r � � S. . M y � � S � � . {. -. 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J � :eJ qg r P` �. � ' .. � '_ �{ �.. . • •.�k' .ti �-s.:: � .�. _ '��}.Mfu. — �,` �� � ��� ������ . . . . ��� ����� � ..I._ � +� ���� a�es � I. , � ORDINANCE NO. 120505 Authorizing cooperative agreements with the City of Riverside and Platte County, and an ; amendment to a cooperative agreement wii�h Hunt Midwesf for the construction of the ' Line Creek Trail; and esfuriatitig and appropriating revenue'in the Capital Improvements Sales Tax Fund in the aznount of $1,250,000.00. WHEREAS, in August 20Q0, Platte County citizens voted in favor of a 10-year sales tax initiative foi parks, storrn water and trail purposes and in 2009 voted to renew the pazks, storm water, and trail sales tax for another 10 years; and VJHEREAS, ronghly 17 miles of trail have been constiacted in the southem part of Platte County with 3 miles recently constructed along Line Creek and 4 miles of the Southem Platte Pass Trail; and WHEREAS, a 2 mile gap exists in the Line Creek Trail from N.W. 62nd Street south to Vivion Road; and WHEREAS, the completion of that gap will connect the Southern Platte Pass and Line Creek Trails to the Missouri River Trail; and ' WHEREAS, when the missing gap in the Line Creek Trail is completed, over 60,000 residents will be within 2 miles of the regional trail system; and � WHEREAS, Ordinance No. 120360, passed May 10, 2012, authorized the City Manager to execute a Memorandum of Understanding between the n'� Kansas City, A4issear�, the City of Riverside, Missouri, and Platte County, Missouri, for the planning, de�•elopment, and management of the Line Creek Trail and directed the City Mar,ager io przpare any necessary agreements and ordir.ances for implementztion of the Memorandum of Underst�nding so cons.ruction can begin in 30 days; and I�IEREAS, the Iv1er,�ora!ldum of Undersianding oulline3 12i contributing $600,000.00 towazds the Line Creek Trail within Riyerside and Platte Counry contributing �650,OGOA� towards tt��e Lir.e Creek Trail within :Cansus City; an�i WHEREAS, the Memorandum of Understanding requires that Kansas City rmm�lPta �h� : ,_ �^ �-�.'�n� �. � r ._.,, ,':�.:C ..:..�IIw �y cvi�, 111u WHEREAS, the Parks and Recreation Department is also coatributing $100,000.00 from the Special Gifts - Parks and Recreation Fund for developer payments in lieu of pa�*kland and open space dedication; and WHEREAS, Ordinance No. 120066, passed Febcuary 9, 2012, approved the 2nd Council District FY 2013 allocation of $550,000.00 for the Line Creek Trail; and WHEREAS, under Committee Substitute for Ordinance No. 090697, passed August 13, 2009, the City Council authorized the Director of Public Works to enter into a ORDINANCE NO. 120505 public infrastruchue agreement with Hunt Midwest Real Estate Development, Inc., for the construction of the Line Creek Trail; and WHEREAS, Ordinance No. 100750, passed September 9, 2010, and Ordinance No. 110424, passed June 24, 2011, authorized additional furiding for the Line Creek Trail; and WEIEREAS, the City wisHes to increase the amount of the public infrastructure agreement to expend additional funding for the project and complete the next phase of the trail this summer; and WHEREAS, those factors justifying the construction of the first phase of the trail through a cooperative partnership with Hunt Midwest Real Estate Development, Inc., continue to exist and support the oontinuation of that cooperative effort for the next phase of the trail; NO W, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY: Section I. That the revenue in the following account is estimated in the following amount: 13-3090-890001-481971-89020048 Contribution from Platte County $ 650,000.00 13-3090-890001-481900-89020048 Contribution from Riv�rside 600,000.00 TOTAL $1,250,000.00 Section 2. That the sum of $1,250,000.00 is appropriated from the Unappropriated Fund Balance of the Capital Improvement Fund to the following account in the Capital Improvement Fund: 13-3090-898012-B-89020048 Line Creek Trail $1,250,OG0.00 Seotiun 3. Tnat the Bire:,mr of Public VJorks is hzreby authorized to execute a $1,900,0OO.OQ amendment to Agreement No. CS100047, Cooperative Agreement for Public,•'Private Project — Liae Creek Trait, wiih Hunt Midwest Real Estate Deve(o�ment, Ine„ fo� it�e �urpuse oF conssructing the next phase of the Line Creek Traii frc.;, fi�nds previously appropriated to Account Nos. 3090-898012-B-89020048 and 3090-898201-B- uon�nnCg „ ^ r .�... ,.___ • �, • . ..^,yy vi w�. BiTtci��uuclit is Vti 1LZ iCl t(1C U1�10E OI il]e LIYeCIOI OT YllbllC WOIICS. Z ORDINANCE NO. 120505 I hereby certify that there is a balance, otherwise unencumbered, to the credit of the appropriation to which the foregoing expenditnre is to be charged, and a cash balance, otherwise unencumbered, in #he tr'easury, to the credit of the fund from which payment is to be made, each sufficient to meet the obligation hereby incuned. i�+L.�cf�/� E!v"=- andail 7. Landes Director of Fin ' Approved o form and legality: son Munoz Assistant City Attomey Authentirated as Passed . :::: , ieso , S : . n�; - or � �+ekie�ha ' son�6arr, City Clerk JUN 07 2012 Date Passed 3 CITY OF ��RI�� VE : S,��F� Upstream from ordinary. 2950 NW Vivion Road Riverside, Missouri 64150 MEMO DATE: o6-i4-i2 AGENDA DAT'E: o6-i9-i2 TO: Mayor & Board of Aldermen FROM: Michael Duffy, Director of Community Development 1T17.E: An Ordinance Approving a Cooperative Agreement with Kansas City, Missouri in Connection with the Construction of the Line Creek Trail Project. BACKGROUND: The City is working with Kansas City to construct a portion of Line Creek Trail from the Line Creek Community Center to Homestead Park. Construction of the project is being managed by KCMO Public Works through a design build contract with Hunt Midwest. This agreement is similar to the cooperative agreement for Northwood Road Phase 3, however in this case, Riverside will be providing the money to Kansas City to manage the project. The agreement was created using the Northwood Road Phase 3 agreement as a template. The construction portion of the agreement, $600,000, will be given to Kansas City to manage the contract within Riverside. Costs for design and permitting under I-29 were paid in 2oii and land acquisition costs for trail easement are being paid out of the remaining $60,00o budgeted in the CIP. BUDGETARY IMPACT: Fund Budgeted Spent Reinaining I o408o I $660,00o I $o $660,000 CONSEQUENT ACI'ION: Future costs for trail maintenance (mowing, litter control, etc) will be paid out of the operational budget for Public Works.