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HomeMy WebLinkAbout1541 Agreement with Riverside Quindaro Bend Levee District BILL NO. 2017-039 ORDINANCE NO. AN ORDINANCE APPROVING AND AUTHORIZING THE CITY OF RIVERSIDE MISSOURI TO ENTER INTO AN AGREEMENT WITH THE RIVERSIDE QUINDARO BEND LEVEE DISTRICT WHEREAS, the Riverside Quindaro Bend Levee District ("Levee District") is the Non- Federal Sponsor under a Project Cooperation Agreement (the "PCA") dated September 23, 1997, between the Levee District and the Department of Army, Corps of Engineers (the "Corps") for the construction of the Missouri River Levee Unit L-385 (the"Levee Project"); and WHEREAS, structures and features are being constructed as part of the Levee Project to provide flood protection against flooding from the Missouri River and Line Creek in Riverside, Missouri, (the Flood Protection System"), include a concrete sandbag sill which crosses the City's street known as NW Gateway (the "Gateway Sill"); and WHEREAS, it has been determined by the City and the Levee District that the Gateway Sill needs to be removed and replaced; and WHEREAS, the Levee District has the financial responsibility to pay for all costs associated with the removal of the existing Gateway Sill and the design and construction of the new Gateway Sill, except for the cost for lane closures, traffic control and signage ("Sill Replacement Project") and the City shall not have any financial responsibility except for the cost for lane closures, traffic control and signage; and WHEREAS, the construction phase of the Sill Replacement Project will require lane closures, traffic control and signage on NW Gateway by the City; and WHEREAS, the Levee District shall submit the plans, design and specifications for the Sill Replacement Project to the City Engineer and the Corps to obtain the City Engineer's approval, which shall not be unreasonably withheld, and the Corps' required approval (the "Approved Plans"); and WHEREAS, the Levee District will provide a field representative to observe the construction work on the Proposed Project to ensure that the construction work complies with the Approved Plans; and WHEREAS, the City may also have a representative present, in addition to but not as a substitute for the Levee District's field representative, to observe the construction work on the Proposed Project; and WHEREAS, the Levee District requests and the City administrative staff recommends, the City enter into a Cooperation Agreement with the Levee District, a copy of which is attached hereto as Exhibit A and incorporated herein, ("Agreement"); 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, as well as in furtherance of the objective to protect the health, safety, and welfare of the businesses and citizens of the City, to approve the Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: WA 8539382.1 SECTION 1. BEST INTEREST OF THE CITY TO APPROVE PROPOSAL. In order to further the objectives of industrial and economic development of the City, as well as in furtherance of the objective to protect the health, safety, and welfare of the businesses and citizens of the City, the Cooperation Agreement, attached hereto and incorporated herein as Exhibit A. is hereby approved. SECTION 2. AUTHORITY GRANTED. The Mayor, City Administrator, Special Counsel to the City - Spencer Fane LLP, and other appropriate officials and employees of the City are hereby authorized and directed to execute and deliver for, and on behalf of the City, the Agreement in substantially the same form as Exhibit A. and to take any and all other actions as may be deemed necessary or convenient to carry out and comply with the intent of this Ordinance, and 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 Board of Aldermen and APPROVED by the Mayor of the City of Riverside, Missouri, this 16th day of May, 2017. ZL��— Kkhleen L. Rose, Mayor •:Ii a :AA Robin K aid;CityCIbrk Approved as to form: e Fane LLP, ial Co el to the City by Joe Bednar WA 8539382.1 COOPERATION AGREEMENT THIS COOPERATION AGREEMENT, made and entered into as of May /7 , 2017 ("Agreement"), by and between RIVERSIDE-QUINDARO BEND LEVEE DISTRICT OF PLATTE COUNTY, MISSOURI, a levee district formed under Sections 245.010 to 245.280 of the Revised Statutes of Missouri, (the "Levee District") and the CITY OF RIVERSIDE, MISSOURI, a city and political subdivision duly organized and existing under the Constitution and laws of the State of Missouri (the "City"). WITNESSETH: WHEREAS, the Levee District is the Non-Federal Sponsor under a Project Cooperation Agreement (the "PCA") dated September 23, 1997, between the Levee District and the Department of Army, Corps of Engineers ( "Corps") for the construction of the Missouri River Levee Unit L-385 ( "Levee Project"); and WHEREAS, structures and features are being constructed as part of the Levee Project to provide flood protection against flooding from the Missouri River and Line Creek in Riverside, Missouri, ("Flood Protection System"), include a concrete sandbag sill which crosses the City's street known as NW Gateway ("Gateway Sill") at the location shown on Exhibit A attached hereto and made a part hereof; and WHEREAS, it has been determined by the City and the Levee District that the sill needs to be removed and replaced; and WHEREAS, the Levee District has the financial responsibility to pay for all costs associated with the removal of the existing Gateway Sill and the design and construction of the new Gateway Sill, except for the cost for lane closures, traffic control and signage ("Sill Replacement Project") and the City shall not have any financial responsibility except to pay for the cost for lane closures, traffic control and signage; and WHEREAS, the construction phase of the Sill Replacement Project will require lane closures, traffic control and signage on NW Gateway by the City; and WHEREAS, the Levee District shall submit the plans, design and specifications for the Sill Replacement Project to the City Engineer and the Corps to obtain the City Engineer's approval, which shall not be unreasonably withheld, and the Corps' required approval (the "Approved Plans"); and WHEREAS, the Levee District will provide a field representative to observe the construction work on the Sill Replacement Project to ensure that the construction work complies with the Approved Plans; and 1 WHEREAS, the City may also have a representative present, in addition to but not as a substitute for the Levee District's field representative, to observe the construction work on the Sill Replacement Project. NOW, THEREFORE, in consideration of the respective covenants and agreements made by each party hereto and the mutual benefits to be received by each party hereto, the Levee District and the City agree as follows: (1) COST. The Levee District has the financial responsibility to pay for all costs associated with the removal of the existing Gateway Sill and the design and construction of the new Gateway Sill, except for the cost for lane closures, traffic control and signage ("Sill Replacement Project") and the City shall not have any financial responsibility except to pay for the cost for lane closures, traffic control and signage. (2) DESIGN. DRAWINGS AND PLANS. The Levee District agrees that it will pay its engineer, Affinis Corp, ("Affinis") for the design of the replacement of the Gateway Sill and prepare all plans, construction drawings, specifications and any other documents (the "Plans") required for the work on the Sill Replacement Project at its cost. (a) Following approval of the Plans by the Levee District Board of Supervisors, Affinis shall submit the Plans to the City Engineer's approval, which shall not be unreasonably withheld, and the Corps required review and approval. (b) Following the City Engineer's and the Corps' approval of the Plans ("Approved Plans"), the Levee District shall obtain and hire a contractor (the "Contractor") to undertake and perform the work on the removal of the existing sill and the construction of the replacement sill in accordance with the Approved Plans. (c) The Levee District shall provide the City with a set of the Approved Plans for the Sill Replacement Project following approval by the Corps. (3) PRE-CONSTRUCTION MEETING. The Levee District shall schedule a pre-construction meeting with representatives from the Levee District, Affinis, the City and the Contractor prior to work beginning on the Sill Replacement Project to review the Approved Plans, to discuss the Contractor's schedule of work on the Sill Replacement Project and to agree on the details for lane closures, traffic control and signage to be provided by the City during the construction work on the Sill Replacement Project. (4) MODIFICATIONS TO APPROVED PLANS. Any modifications of the 2 Approved Plans shall be presented to the Corps for review and comments. All such proposed modifications must be approved by the Corps and provided to the City before the modified work is performed by the Contractor. (5) CONSTRUCTION PHASE. During the construction phase of the Sill Replacement Project the City agrees to coordinate with the Levee District and the Contractor on lane closures, traffic control and signage. The Levee District and the City agree that one lane of traffic on NW Gateway will remain open to through traffic during the construction phase while work is being performed on the other lane of traffic. (6) INSPECTION AND COMPLETION. The Levee District and the City shall be entitled to have their respective representatives present during construction to observe the work on the Sill Replacement Project to ensure that all work is performed in accordance with the Approved Plans and/or any approved modifications of the Approved Plans or modifications which take place in the field during construction. Following completion of the work on the Sill Replacement Project by the Contractor, the Levee District and the City shall have the right to inspect the construction work on the Sill Replacement Project to ensure that all construction work on the Sill Replacement Project complies with the Approved Plans. (7) FUTURE MAINTENANCE, REPAIR AND REPLACEMENT. The parties agree that the concrete approach slabs which are constructed on each side of the new replacement Gateway Sill are not part of the Gateway Sill. The parties acknowledge that the concrete approach slabs on each side of the Gateway Sill are included in the initial construction of the Gateway Sill because the Gateway Sill crosses the City's street and are being included in the initial construction of the Gateway Sill as a feature to protect the new Gateway Sill from damage resulting from traffic usage, snow removal equipment and other uses inherent to a public street. The Levee District agrees to operate, inspect, maintain, repair and replace the Gateway Sill structure following completion of the Sill Replacement Project. The City agrees to inspect, maintain, repair and replace the concrete approach slabs built on each side of the Gateway Sill following completion of the Sill Replacement Project. The City shall have no obligation and shall not incur any cost to maintain, repair or replace the Gateway Sill, except to pay for the cost for lane closures, traffic control and signage. The Levee District shall not be responsible for nor incur any cost to maintain, repair or replace the concrete approach slabs on each side of the Gateway Sill. (8) AS-BUILT DRAWINGS. The Levee District shall provide the City with a full-size set of as-built drawings on the Sill Replacement Project following completion of construction on the Sill Replacement Project. (9) NOTICES. Notice of required or otherwise provided in this Agreement must be in a written form and may be provided by United States mail, first class 3 postage pre-paid, or by a recognized overnight courier. Any use of email for delivery of notice hereunder shall be valid if acknowledged by a return email from the recipient. Any notice to the Levee District shall be to: Riverside-Quindaro Bend Levee District Attn: Ben Drake PO Box 681250 Riverside, MO 64168 Telephone: 816-587-1125 Email: benrpbldCcD-gmail.com Any notice to the Levee District Engineer shall be to: Affinis Corp Attn: Jason Davis 8900 Indian Creek Pkwy Suite 450 Overland Park, KS 66210 Telephone: 913-239-1100 Email: idavis(a�affinis.us Any notice to the City shall be to: City of Riverside, Missouri City Hall 2950 Vivion Road Riverside, MO 64150 ATTN: Greg Mills Telephone: 816-741-3993 Email: gmills _riversidemo.com (10) SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto and their respective successors and assigns. (11) GOVERNING LAW. This Agreement and the terms and provisions herein shall be construed and interpreted in accordance with the laws of the State of Missouri. (12) AMENDMENTS. Any change in this Agreement, whether by modification of supplementation, must be accomplished by a formal contract amendment signed and approved by the duly authorized representatives of the Levee District and the City. (13) AUTHORITY TO EXECUTE. The signers of this Agreement warrant 4 that they are acting officially and properly on behalf of their respective governmental entities and have been duly authorized, directed and empowered to execute this Agreement. (14) VOLUNTARY NATURE OF AGREEMENT. Each party to this Agreement warrants and certifies that it enters into this Agreement and executes this Agreement freely and voluntarily and without being in a state of duress or under threats or coercion. (15) SEVERABILITY. If any clause or provision of this Agreement is found to be void or unenforceable by a court or agency of proper jurisdiction, then the remaining provisions not void or unenforceable shall remain in full force and effect. 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 COUNTY, MISSOURI B N W. Goodwin itle. e ' ent Exe n Date: May , 2017 ATTEST: By: Name- ichie Bennie oven Title* Secretary ATTEST: ' CITY OF RIVERSIDE, MISSOURI R N�me.Robim incaid Name: athleen L. Rose Tit'ee ti)y"Clerk Title: Mayor Execution Date: May Jin_ , 2017 5