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Home My WebLink About1978 Authorizing the Mayor to Execute an Agreement with Riverside-Quindaro Bend Levee DistrictBILL NO. 2024-006 ORDINANCE NO. I 91 i AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH RIVERSIDE-QUINDARO BEND LEVEE DISTRICT OF PLATTE COUNTY, MISSOURI BE IT ORDAi ED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: SECTION 1 -APPROVAL OF AGREEMENT. That the Riverside Board of Aldermen hereby approves the Agreement by and between the City and Riverside-Quindaro Bend Levee District of Platte County, Missouri, in substantially the form attached hereto, and the Mayor is authorized to execute the Agreement on behalf of the City. SECTION 2 -GRANT OF FURTHER AUTHORITY. The Mayor, the City Administrator, and other appropriate City officials are hereby authorized to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Ordinance and to execute and deliver for and on behalf of the City all certificates, instruments, agreements and other documents, as may be necessary or convenient to perform all matters herein authorized. SECTION 3 -EFFECTIVE DA TE. 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 this /.p 't:/., day of February 2024. �4£�L Mayor Kathleen L. Rose GEOTECHNICAL INVESTIGATION AGREEMENT THIS AGREEMENT,made and entered into this day of F'1,,,i_tta ,2024, by and between the Riverside-Quindaro Bend Levee District of Platte County,Missouri,a political subdivision organized pursuant to the laws of the State of Missouri("Levee District")and the City of Riverside, Missouri (the"Project Sponsor"). WITNESSETH: WHEREAS, the Levee District is the Local Sponsor under a Project Cooperation Agreement("PCA")dated September 23, 1997,between the Levee District and the Department of Army ("Government") for the construction of the Missouri River Levee Unit L-385 ("Levee Project");and WHEREAS, all subsurface work within the L-385 Levee Critical Area("LCA")must be undertaken and performed in accordance with the Corps of Engineers criteria and approved by the Levee District engineer and by the Corps of Engineers; and WHEREAS, the Levee District is responsible to ensure that all improvements and subsurface work located within the LCA do not take place without prior determination that the construction and/or subsurface work within the LCA do not adversely affect the functioning of the Levee project;and WHEREAS,the LCA is generally defined as the area of land extending 300 feet riverward and 500 feet landward from the centerline of the L-385 Levee;and WHEREAS,the Levee District is obligated to ensure that the operation and maintenance of the L-385 flood protection system will be in accordance with Title 33 of the Code of Federal Regulations;and WHEREAS,the Project Sponsor is proposing to conduct geotechnical investigations in an area located within the LCA at approximate levee station RL 39+00 to 49+00 which will include drilling approximately 13 bore holes to obtain soil samples in connection with a construction project to reconfigure and relocate existing roadways as part of the Riverway Boulevard Improvements project(the "Proposed Work"); and WHEREAS, the plans for the Proposed Work are required to be reviewed and approved by the Levee District's engineer, Affinis Corp, and the Proposed Work must be approved by the Levee District Board of Supervisors; and WHEREAS,the Levee District will have a field representative to observe the work within the LCA; and WHEREAS, the Levee District has adopted a set of Procedures for Work for all work being proposed and undertaken within the LCA, said Procedures being incorporated herein and made a part hereof by this reference(the"Procedures for Work");and 1 WHEREAS, under the Procedures for Work the Project Sponsor is obligated to pay for engineering services provided by the Levee District engineer and for the field observation services provided by the Levee District in connection with the work within the LCA. NOW,THEREFORE, in consideration of the respective covenants and agreements made by each party herein and the mutual benefits to be received by each party hereto,the Levee District and Project Sponsor agree as follows: 1. The parties acknowledge that the primary purpose of the L-385 Levee Project is to provide flood protection. 2. Following approval of the plans for the Proposed Work by the Levee District engineer and the Corps of Engineers, the Levee District engineer shall provide the Project Sponsor with written or emailed notification of the approval of the plans and the Approved Plans shall be incorporated herein and made a part of this Agreement by this reference as if fully set forth herein. 3. The Project Sponsor agrees that all work within the LCA shall be in accordance with the Approved Plans. 4. Following approval of the Plans, the Project Sponsor shall be authorized to begin the Proposed Work pursuant to the Approved Plans provided that the Project Sponsor shall notify the Levee District in writing or by email at least 48 hours prior to beginning any drilling work within the LCA. 5. Prior to commencing any work within the LCA the Project Sponsor shall deliver to the Levee District engineer at least two sets of final Approved Plans for the Proposed Work. 6. In the event the Levee District determines in its reasonable discretion that any of the Proposed Work is not in compliance with the Approved Plans, the Levee District shall have the authority to notify the Project Sponsor and/or its contractor of the non-complying activity and shall have the authority to suspend all activity which is not in compliance with the Approved Plans. Following such notification,the Project Sponsor agrees to cause its contractor and all other parties performing such non-complying activity to suspend all activity which is not in compliance with the Approved Plans. The failure to suspend all activity which is not in compliance with the Approved Plans may cause irreparable injury to the Levee Project. Therefore, in addition to any other remedies available under this Agreement or applicable law, the Levee District shall be entitled to seek injunctive relief or such other order from a court to specifically enforce the provisions of this Agreement. 7. Any proposed modifications of the approved work within the LCA, whether such modifications occur prior to or during construction, shall be presented to Affinis Corp for review and comments. Affinis Corp must approve all such proposed modifications by letter or email before the modified activity is undertaken. 2 8. With respect to the Proposed Work the Project Sponsor agrees to comply with the Procedures for Work, including the payment of the engineering services provided by Affinis and field observation services provided by the Levee District in accordance with the terms and provisions of the Procedures for Work. 9. Upon termination of all work under the Approved Plans the Project Sponsor shall give the Levee District written notice of completion of the work within the LCA. 10. Notice as required or otherwise provided in this Agreement must be in a written form and may be provided by United States mail, first class postage prepaid, or by email. 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 Attention:Ben Drake PO Box 681250 Riverside,MO 64168 Phone: 816-587-1125 Email: benrgbld@gmail.com Any notice to the Levee District engineer shall be to: Affinis Corp Attention:Jason Davis 8900 Indian Creek Parkway Suite 450 Overland Park, KS 66210 Phone:913-239-1106 Email:jdavis@affinis.us Any notice to the Project Sponsor shall be to: City of Riverside,Missouri Attn: Kathleen L. Rose,Mayor 2950 N.W. Vivion Road Riverside,MO 64150 Phone: 816-741-3993 Email:krose@riversidemo.gov 11.This Agreement shall be binding upon the parties hereto and their respective successors and assigns. 12.This Agreement and the terms and provisions herein shall be construed,interpreted and governed by the laws of the State of Missouri. 3 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 By: r Je $ W.Goodwin, President ►,ate: Feb r•ary i it, 2024 CITY OF RIVERSIDE,MISSOURI By: Kat een L.Rose,May r Date: February tore,2024 Name&Address of Project Sponsor Representative for invoicing purposes: City of Riverside,Missouri Attn:Noel Bennion 2950 N.W. Vivion Road Riverside,MO 64150 Phone:8 1 6-741-3993 Email:nbennion@riversidemo.gov 4 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 By: Jeffery W. Goodwin, President Date: February , 2024 CITY OF RIVERSIDE,MISSOURI e494 By: i e2�' 2' Kat een L. Rose, Mayor Date: February &, 2024 Name&Address of Project Sponsor Representative for invoicing purposes: City of Riverside,Missouri Attn:Noel Bennion 2950 N.W.Vivion Road Riverside,MO 64150 Phone: 816-741-3993 Email:nbennion@riversidemo.gov 4