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HomeMy WebLinkAbout1309 Realignment of NW Argosy Parkway and Tremont Trafficway & Temporary Construction Easement Replacement of US 69 Bridges - Missouri Highways and Transporation BILL NO. 2014-037 ORDINANCE NO. 1:309 AN ORDINANCE APPROVING AN AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR THE REALIGNMENT OF N.W. ARGOSY PARKWAY AND TREMONT TRAFFICWAY AND THE PROVISION OF A TEMPORARY CONSTRUCTION EASEMENT AS PART OF THE REPLACEMENT OF THE U.S. 69 BRIDGES PROJECT, ALL IN THE CITY OF RIVERSIDE, PLATTE COUNTY, MISSOURI WHEREAS, the Missouri Highways and Transportation Commission ("Commission") is undertaking the replacement of the Route 69 bridges crossing the Missouri River between Riverside, Missouri, and Kansas City, Kansas ("U.S. 69 Bridge Project"); and WHEREAS, as part of the U.S. 69 Bridge Project, the Commission has agreed to: 1) realign N.W. Argosy Parkway to provide a more direct connection to the Argosy Casino, 2) provide right-in access from north-bound U.S. 69 to Tremont Trafficway, and 3) minimize traffic impacts during the project; and WHEREAS, the Commission requested that the City enter into agreement reflecting the parties responsibilities for the U.S. 69 Bridge Project and has prepared a draft Missouri Highways Transportation Commission Municipal Agreement ("MHTC U.S. 69 Agreement"), attached hereto as Exhibit A, for the City's review; and WHEREAS, as part of the U.S. 69 Bridge Project, the City shall be required to provide a temporary construction easement to the Commission, as generally described in Exhibit B to Exhibit A attached hereto and incorporated herein, which easement shall be granted at no cost to the Commission; and WHEREAS, at the completion of project, the Commission has agreed to convey the realigned N.W. Argosy Parkway and Tremont Trafficway to the City to incorporate into the City's street system, subject to such easements as may be necessary for Commission construction and maintenance of U.S. 69; and WHEREAS, City staff has reviewed the draft MHTC U.S. 69 Agreement and recommends approval; and WHEREAS, the Board of Aldermen find it to be in the best interests of the City in order to further the objectives of industrial and economic development of the City to enter into an agreement with the Commission, in a substantially similar form to the MHTC U.S. 69 Agreement, approving the U.S. 69 Bridge Project and agreeing to provide a temporary construction easement; and, NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: SECTION 1. BEST INTEREST OF THE CITY. It is in the best interest of the City, in order to further the objectives of industrial and economic development of the City as well as to protect the health, safety, and general welfare of its citizens, to enter into an agreement with the Commission in substantially the same form as the MHTC U.S. 59 Agreement, attached hereto as Exhibit A and incorporated herein; and SECTION 2 — AUTHORITY GRANTED. The Mayor, City Administrator, Special Counsel to the City — Spencer Fane Britt & Browne LLP, and other appropriate officials and employees of the City are hereby authorized and directed to execute the MHTC U.S. 69 WA 5121238.1 Agreement attached hereto as Exhibit A take such further action related thereto as is otherwise necessary or desirable to carry out and comply with the intent of this Ordinance. SECTION 3 — SEVERABILITY CLAUSE. The provisions of this Ordinance are severable and if any provision hereof is declared invalid, unconstitutional or unenforceable, such determination shall not affect the validity of the remainder of this Ordinance. SECTION 4 — EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after the date of 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 Board of Aldermen and APPROVED by the Mayor of the City of Riverside, Missouri, this L'bay of May 2014. Kathleen L. Rose, Mayor ATTEST: 426 Robin Littrell, ity Clerk Approved as to form: Sperm er Fane Britt & Browne LLP Sp_wAl Counsel to the City By Joe Bednar 2 WA 5121238.1 Exhibit A: Draft MHTC U.S. 69 Agreement 3 WA 5121278.1 CCO Form: DE11 Municipal Agreement Approved: 04/93 (CEH) Route: 69 Revised: 12/12 (AR) County. Platte Modified: 01/14 (BDG) Job No.: J4P2279 MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION MUNICIPAL AGREEMENT THIS AGREEMENT is entered into by the Missouri Highways and Transportation Commission (hereinafter, "Commission") and the City of Riverside, Missouri, a municipal corporation (hereinafter, "City"). WITNESSETH: NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties agree as follows: (1) IMPROVEMENT DESIGNATION: The public improvement designated as Route 69, Platte County, Job No. J4132279 shall consist of replacement of the Route 69 Bridges crossing the Missouri River between Riverside, Missouri and Kansas City, Kansas. This project is being solicited using a design build procurement model. (2) IMPROVEMENT WITHIN CITY: The improvement within the City is located as follows: Beginning at the intersection of Route 69 and 1-635, run in a generally southern direction along existing Route 69, to a point where Route 69 intersects the Missouri River. (3) PURPOSE AND EXTENT OF AGREEMENT: The purpose of this Agreement is to coordinate the Commission's activity related to Commission Job J4P2279 within the City limits with the City. This Agreement shall apply only to the portion of the improvement lying within the city limits as they exist on the date this Agreement is executed by the City. (4) LOCATION: The general location of the public improvement is shown on an attached sketch marked "Exhibit A" and made a part of this Agreement. The detailed location of the improvement is shown on the plans prepared by the Commission for the above-designated route and project. (5) PROJECT COMMITMENTS: (A) Realignment of N.W. Argosy Parkway: (1) The Commission will include the realignment of N.W. Argosy Parkway as part of Job J4P2279 to provide a more direct connection to the Argosy Casino and will provide access to the Argosy Casino throughout the duration of the project, other than with minimal disruptions to traffic during construction staging. The realignment will be constructed as a grade separated crossing with U.S. 69 in its final configuration with a minimum vertical clearance of 13'-6" and match the existing roadways in design. (2) The City shall convey via a temporary construction easements at no cost to the Commission the necessary City-owned property for the required temporary construction easements for the re-alignment of N.W. Argosy Parkway and a contractor staging area as indicated upon the attached Exhibit B. If the City fails to convey these property interests, the Commission will not include the realignment of N.W. Argosy Parkway as part of Job J4P2279. (3) Upon completion of the project, the Commission will convey the realigned N.W. Argosy Parkway and Tremont Trafficway to the City via quitclaim deed and it shall thereafter be a part of the City's street system under the control and maintenance of the City. However, the Commission will reserve and retain such easements as may be necessary for the construction and maintenance of U.S. 69. (B) Access From U.S. 69: A right-in in access from north-bound U. S. 69 to Tremont Trafficway will be constructed as part of the project in a location that conforms to Commission standards and does not interfere with the integrity of 1-635. (C) Maintenance of Traffic During Job J4P2279: The Request for Proposal (RFP) scoring criteria will be established in a manner calculated to incentivize the design build proposers to minimize impacts to traffic and potential lane closures during the duration of the project, and as a part of the RFP, the Commission will request proposers to offer proposals for the following two desired outcomes: (1) As long as existing north-bound Route 69 remains open to traffic, access will be maintained to Northwest Argosy Parkway during construction until transition to the new structure; and (2) Maintaining as many lanes of traffic open on Route 69 and Northwest Argosy Parkway during the duration of the project as most effectively balances the cost of construction against the disruption of traffic (D) Miscellaneous: (1) The Commission will deed excess right-of-way in accordance with its policies and procedures. (2) The City will provide any documentation in its possession or control of any previous wetland mitigation within the Environmental Assessment (EA) study area. 2 (3) The City shall serve as facilitator for any discussions between the Commission and any businesses within the city limits of the City. (6) USE OF PUBLIC ROADS: The City grants the right to use the right-of- way of public roads, streets, and alleys as necessary for construction and maintenance of said public improvement. (7) CLOSE AND VACATE: The City shall temporarily close and vacate all streets or roads, or parts thereof, which may be necessary to permit the construction of the project in accordance with the detailed plans. When the Commission deems it necessary to temporarily close N.W. Tremont Trafficway and/or Argosy Parkway during construction, the City shall be advised in time to make provisions for the diversion and rerouting of traffic. (8) RIGHT-OF-WAY ACQUISITION: (A) Upon approval of all agreements, plans and specifications by the Commission and the Federal Highway Administration (FHWA), the Commission will file copies of the plans with the city clerk of the City and the county clerk of the county and proceed to acquire at its expense, at no cost or expense to the City, except as otherwise provided herein, any necessary right-of-way required for the construction of the improvement. (B) The portion of state highway covered by this Agreement shall be a normal access highway and rights of access between the highway and abutting property shall be procured and the cost classified as right-of-way cost and paid for by the Commission in the same manner as other right-of-way costs. Only such rights of ingress and egress shall be allowed as indicated on the plans approved by the Commission and FHWA. (9) UTILITY RELOCATION: (A) The Commission and the City shall cooperate to secure the temporary or permanent removal, relocation, or adjustment of public utilities or private lines, poles, wires, conduits, and pipes located on the right-of-way of existing public ways as necessary for construction of the improvement and the cost shall be bome by such public utilities or the owners of the facilities except where the City is by existing franchise or agreement obligated to pay all or a portion of such cost, in which case the City will pay its obligated portion of the cost. (B) The Commission shall secure the removal, relocation, or adjustment of any public or private utilities located upon private easements and shall pay any costs incurred therein. (C) It is understood and agreed by the parties to this Agreement that no 3 city-owned utility facilities will require relocation or adjustment in connection with this improvement, but that should utility facilities be discovered at any time during development or construction of this improvement, relocation or adjustment of the same will be done and performed under a supplemental agreement covering the subject, and in accordance with Commission policy then in effect on division of costs for adjustment of utility facilities. (D) In cases of public utilities owned by the City which must be moved, adjusted, or altered to accommodate construction of this improvement, and such city- owned utilities, poles, wires, conduits, and pipes are located within the present city limits and located on an existing city street, not state highway right-of-way, but being taken over by the Commission as a part of its highway right-of-way, the City will perform the necessary removal, adjustment, alterations and relocation, and the Commission will reimburse the City except as otherwise provided. The City shall perform the removal, adjustment, alterations and relocation in accordance with the detail plans, estimates of costs and bills of materials prepared by the City in accordance with Federal Aid Policy Guide, Title 23 CFR Subchapter G, Part 645, Subpart A (FAPG 23 CFR 645A), dated December 9, 1991 and any revision of it, and approved by the Commission's district engineer, and shall perform all work and keep the records of the costs in accordance with FAPG 23 CFR 645A and its revisions. Upon the completion of any such work and on receipt by the Commission of the original and four copies of a bill for the actual costs incurred by the City in making any such removal, adjustment, alteration and relocation, the Commission shall reimburse the City for the actual cost necessitated by construction of this public improvement. The Commission's obligation toward the cost of any such removal, adjustment, alteration and relocation shall extend only to those costs incurred in accordance with FAPG 23 CFR 645A and its revisions. (E) Should it be necessary to alter, relocate or adjust any city-owned utility facilities outside the present city limits on public right-of-way or on state highway right-of-way within or outside the city limits or within the right-of-way of a public way other than a city street or alley, the alteration, relocation, or adjustment shall be made by the City at its cost. (F) The City agrees that any installation, removal, relocation, maintenance, or repair of public or private utilities involving work within highway right-of- way included in this project shall be done only in accordance with the general rules and regulations of the Commission and after a permit for the particular work has been obtained from the Commission's district engineer or his authorized representative. Similarly, the City will allow no work on the highway right-of-way involving excavation or alteration in any manner of the highway as constructed, including but not limited to driveway connections, except in accordance with the rules and regulations of the Commission and only after a permit for the specific work has been obtained from the Commission's district engineer or his authorized representative. The City shall take whatever actions that are necessary to assure compliance with this Subsection. (10) LIGHTING 4 The installation, operation, and maintenance by the Commission of any lighting system on the public improvement covered by this Agreement shall be only in accordance with the Commission's policy on highway lighting in effect at the time of any such installation and only to the extent the Commission then deems warranted. No street lighting system shall be installed or maintained by or for the City on the improvement without approval of the Commission. If the existing continuous lighting system on NW Tremont Trafficway is removed with this project, the City will have an option to install continuous lighting on the newly constructed Argosy Parkway after the project is complete and at the City's expense. (11) TRAFFIC CONTROL DEVICES: The installation, operation and maintenance of all traffic signals, pavement markings, signs, and devices on the improvement, including those between the highway and intersecting streets shall be under the exclusive jurisdiction and at the cost of the Commission. The City shall not install, operate, or maintain any traffic signals, signs or other traffic control devices on the highway or on streets and highways at any point where they intersect this highway without approval of the Commission. (12) DRAINAGE: The Commission will construct drainage facilities along the improvement and may use any existing storm and surface water drainage facilities now in existence in the area. The City shall be responsible for receiving and disposing of storm and surface water discharged from those drainage facilities which the Commission constructs within the limits of highway right-of-way to the extent of the City's authority and control of the storm sewer facilities or natural drainage involved. (13) PERMITS: The Commission shall secure any necessary approvals or permits from the Surface Transportation Board, the Public Service Commission of Missouri, or any other state or federal regulating authority required to permit the construction and maintenance of the highway. (14) COMMENCEMENT OF WORK: After acquisition of the necessary right- of-way, the Commission shall construct the highway in accordance with final detailed plans approved by the Federal Highway Administration (or as they may be changed from time to time by the Commission with the approval of the FHWA) at such time as federal and state funds are allocated to the public improvement in an amount sufficient to pay for the federal and state government's proportionate share of construction and right-of-way costs. The obligation of the Commission toward the actual construction of the public improvement shall be dependent upon the completion of plans in time to obligate federal funds for such construction, upon approval of the plans by the FHWA, upon the award by the Commission of the contract for the construction, and upon the approval of the award by the FHWA. (15) MAINTENANCE: 5 (A) Except as otherwise provided in this Agreement, upon completion of the public improvement, the Commission will maintain all portions of the improvement within the Commission owned right-of-way, with the exception of Argosy Parkway. Maintenance by the Commission shall not in any case include maintenance or repair of sidewalks whether new or used in place, water supply lines, sanitary or storm sewers (except those storm sewers constructed by the Commission to drain the highway), city- owned utilities within the right-of-way or the removal of snow other than the machine or chemical removal from the traveled portion of the highway. (B) When it is necessary to revise or adjust city streets, the right-of-way acquired for these adjustments and connections, including the realigned N.W. Argosy Parkway, will be deeded to the City via quitclaim deed. (C) Effective upon completion of construction, the Commission shall transfer ownership to the City, and the City will accept the portions of existing highways within City replaced by this improvement. (D) The City shall inspect and maintain the sidewalks constructed by this project in a condition reasonably safe to the public and, to the extent allowed by law, shall indemnify and hold the Commission harmless from any claims arising from the construction and maintenance of said sidewalks. (16) ACCEPTED WITHIN HIGHWAY SYSTEM: Effective upon execution of this Agreement, the Commission temporarily accepts portions of Northwest Argosy Parkway and Tremont Trafficway of the City's street system described in this Agreement as part of the State Highway System for the purposes of this project. However, during the construction period contemplated in this Agreement: (A) The Commission will assume no police or traffic control functions not obligatory upon Commission immediately prior to the execution of this Agreement, and (B) The City shall perform or cause to be performed normal maintenance on the project site. (17) CITY TO MAINTAIN: Upon completion of construction of this improvement, the City shall accept control and maintenance of the improved Northwest Argosy Parkway and Tremont Trafficway and shall thereafter keep, control, and maintain the same as, and for all purposes, a part of the City street system at its own cost and expense and at no cost and expense whatsoever to the Commission. All obligations of the Commission under this Agreement shall cease upon completion of the improvement. (18) POLICE POWERS: It is the intent of the parties to this Agreement that the City shall retain its police powers with respect to the regulation of traffic upon the improvement contemplated. However, the City will enact, keep in force, and enforce 6 only such ordinances relating to traffic movement and parking restrictions as may be approved by the Commission and as are not in conflict with any regulations for federal aid. The Commission shall not arbitrarily withhold approval of reasonable traffic regulations, signs, and markings which will permit the movement of traffic in accordance with accepted traffic regulation practices. (19) RESTRICTION OF PARKING: Since the improvement is being designed and constructed to accommodate a maximum amount of traffic with a minimum amount of right-of-way, the City shall take whatever actions that are necessary to prevent parking upon the highway or any part of the area of the highway right-of-way within the limits of the improvement. (20) OUTDOOR ADVERTISING: No billboards or other advertising signs or devices or vending or sale of merchandise will be permitted within the right-of-way limits of the project and the City shall take whatever actions that are necessary to enforce this Section. (21) WITHHOLDING OF FUNDS: In the event that the City fails, neglects, or refuses to enact, keep in force or enforce ordinances specified or enacts ordinances contrary to the provisions in this Agreement, or in any other manner fails, neglects or refuses to perform any of the obligations assumed by it under this Agreement, the Commission may, after serving written request upon the City for compliance and the City's failure to comply, withhold the expenditure of further funds for maintenance, improvement, construction, or reconstruction of the state highway system in the City. (22) FEDERAL HIGHWAY ADMINISTRATION: This Agreement is entered into subject to approval by the Federal Highway Administration, and is further subject to the availability of federal and state funds for this construction. (23) INDEMNIFICATION: (A) To the extent allowed or imposed by law, the City shall defend, indemnify and hold harmless the Commission, including its members and department employees, from any claim or liability whether based on a claim for damages to real or personal property or to a person for any matter relating to or arising out of the Citys wrongful or negligent performance of its obligations under this Agreement. (B) The City will require any contractor procured by the City to work under this Agreement: (1) To obtain a no cost permit from the Commission's district engineer prior to working on the Commission's right-of-way, which shall be signed by an authorized contractor representative (a permit from the Commission's district engineer will not be required for work outside of the Commission's right-of-way); and (2) To carry commercial general liability insurance and 7 commercial automobile liability insurance from a company authorized to issue insurance in Missouri, and to name the Commission, and the Missouri Department of Transportation and its employees, as additional named insureds in amounts sufficient to cover the sovereign immunity limits for Missouri public entities ($500,000 per claimant and $3,000,000 per occurrence) as calculated by the Missouri Department of Insurance, Financial Institutions and Professional Registration, and published annually in the Missouri Register pursuant to Section 537.610, RSMo. (C) In no event shall the language of this Agreement constitute or be construed as a waiver or limitation for either partys rights or defenses with regard to each party's applicable sovereign, governmental, or official immunities and protections as provided by federal and state constitution or law. (24) AMENDMENTS: Any change in this Agreement, whether by modification or supplementation, must be accomplished by a formal contract amendment signed and approved on or between the duly authorized representatives of the City and Commission. (25) COMMISSION REPRESENTATIVE: The Commission's Kansas City District Engineer is designated as the Commission's representative for the purpose of administering the provisions of this Agreement. The Commission's representative may designate by written notice other persons having the authority to act on behalf of the Commission in furtherance of the performance of this Agreement. (26) CITY REPRESENTATIVE: The City's is designated as the City's representative for the purpose of administering the provisions of this Agreement. The City's representative may designate by written notice other persons having the authority to act on behalf of the City in furtherance of the performance of this Agreement. (27) NOTICES: Any notice or other communication required or permitted to be given hereunder shall be in writing and shall be deemed given three (3) days after delivery by United States mail, regular mail postage prepaid, or upon receipt by personal or facsimile delivery, addressed as follows: (A) To the City: Facsimile No: 8 (B) To the Commission: Dan Niec. Kansas City District Engineer 600 N.E. Colbem Rd., Lee's Summit, MO 64086 816-622-6500 or to such other place as the parties may designate in accordance with this Agreement. To be valid, facsimile delivery shall be followed by delivery of the original document, or a clear and legible copy thereof, within three (3) business days of the date of facsimile transmission of that document. (28) ASSIGNMENT: The City shall not assign, transfer or delegate any interest in this Agreement without the priorwritten consent of the Commission. (29) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed according to the laws of the State of Missouri. The City shall comply with all local, state and federal laws and regulations relating to the performance of the contract. (30) VENUE: It is agreed by the parties that any action at law, suit in equity, or other judicial proceeding to enforce or construe this Agreement, or regarding its alleged breach, shall be instituted only in the Circuit Court of Cole County, Missouri. (31) SOLE BENEFICIARY: This Agreement is made for the sole benefit of the parties hereto and nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the Commission and the City. (32) AUTHORITY TO EXECUTE: The signers of this Agreement warrant that they are acting officially and properly on behalf of their respective institutions and have been duly authorized, directed and empowered to execute this Agreement. (33) SECTION HEADINGS: All section headings contained in this Agreement are for the convenience of reference only and are not intended to define or limit the scope of any provision of this Agreement. [remainder of page intentionally left blank] 9 IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below. Executed by the City this 15 day of , 20/y Executed by the Commission this,&Lltay of (y7A`4 20L-/ MISSOURI HIGHWAYS AND TRANSPORTATION �C/OMMISSION CITY OF RIVERSIDE,MI By: BY: Title: Title: ATT S ATTEST: By Sedewqt6te Commissio Title: t.41 APPROVED AS TO FORM:; APPROVED AS TO FORM: By: Comm&ion Counsel Title: p Ordinance Number�� 10 r, CITY OF RIVERSIDE gq '4E.H. YOUNG j RIVERFROj PARK f s if KWfi r�� 4 rout rail �\ �tvel' C title e aro ar iverf ` �Z i� f Missu t�. 69 Levee ! R f Failfa, c �� y ,Y>g �Y • t. -..j4F Exhibit A - General Location � 1 �*ppJIM. S' �f t.A Argosy Pkwy. y. - • 11,E - i t 1,63 �:. � t � , . ► �� s Temporary Easement . y9_ r EXHIBIT B - RIGHT-OF-WAY FROM RIVERSIDE FOR PROJECT