HomeMy WebLinkAbout2051 Agreement with MoDOT in Connection with Vivion Road Trail MaintenceDocusign Envelope ID: 7FED8AC2-035E-4B78-9FB6-E868EFF24AFA
BILL NO. 2025-004
ORDINANCE NO.2051
AN ORDINANCE APPROVING AN AGREEMENT WITH THE MISSOURI HIGHWAYS
AND TRANSPORTATION COMMISSION IN CONNECTION WITH THE VIVION RD
TRAIL MAINTENANCE
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE,
MISSOURI AS FOLLOWS:
Section 1. That the Riverside Board of Aldermen ("Board") hereby approves the Sidewalk
Improvements Agreement, in substantially the form attached hereto, by and between
the City of Riverside and the Missouri Highways and Transportation Commission.
The Mayor is authorized to execute the Agreement on the City's behalf.
Section 2. 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. 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 21st day of January 2025.
Mayor Kathleen L. Rose
Robin Kiticaid, Cfty Clerk
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CCO Form:
DE65
Approved:
12/07 (BDG)
Revised:
03/24 (TLP)
Modified:
11/24 (MWH)
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
SIDEWALK IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made and entered into by and between the Missouri
Highways and Transportation Commission (hereinafter, "Commission"), whose
address is P.O. Box 270, 105 W. Capitol, Jefferson Entity, Missouri 65102, and the
City of Riverside (hereinafter, "Entity"), whose address is 2950 NW Vivion Rd,
Riverside, MO 64150.
WITNNESSETH:
WHEREAS, the Commission owns and operates, as part of the State Highway
System, US 69 highway located at Vivion Road/Lewis and Clark Trail/US 69 and NW
St. Joe Boulevard; and
WHEREAS, the Entity is desirous of performing certain tasks related to the
installation and maintenance of improvements.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
representations contained in this Agreement, the parties agree as follows:
(1) PROPOSAL: The Entity proposes and the Commission will allow the
installation, including maintenance, of sidewalk improvements, painted crosswalks,
retaining walls, guardrails, and culvert on Commission right-of-way as provided in this
Agreement.
(2) LOCATION: The general location of the sidewalk improvements to be
installed and maintained pursuant to this Agreement is along south side of US
69/Vivion Road/Lewis and Clark Trail from US 69 station 16+74.01 to station
30+51.29, Platte County, Missouri, as shown on the attachment marked as Exhibit A,
which is incorporated herein by reference.
(3) COSTS: All costs associated with the construction of the proposed
sidewalk improvements, including, but not limited to, signing, traffic signals, and traffic
control during construction, will be borne entirely by the Entity, with no cost incurred
by the Commission.
(4) PLANS: The Entity shall have detailed plans prepared at no cost to the
Commission, which are to be submitted to the Commission's District Engineer for the
Commission's review and approval. The Commission's District Engineer, in his/her
sole discretion, may require modifications to the plans prior to approving the plans.
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(5) TRAFFIC CONTROL DEVICES: All pavement marking, signs, and
traffic signals installed with the proposed improvements shall be in accordance with
the latest revision of the Manual on Uniform Traffic Control Devices for Streets and
Highways.
(6) RELOCATION: The Entity shall secure the removal, relocation or
adjustment of any public or private utilities located on private easements or public
right -of way, if the construction of the herein contemplated improvements so required,
without cost to the Commission.
(7) INSPECTION: The Entity will allow inspection of the construction and
maintenance activities of the herein contemplated improvements by the Commission's
District Engineer, or his authorized representative, at any time and shall take no
attempts to prevent said inspection. Within thirty (30) days following notice by the
Entity to the Commission that construction is complete, the Commission will inspect
the work to determine that it is acceptable. The sidewalk improvements will not be
placed in operation until the Commission authorizes.
(8) INDEMNIFICATION: To the extent allowed or imposed by law, the
Entity shall defend, indemnify and hold harmless the Commission, including its
members, the Missouri Department of Transportation (hereinafter, "MoDOT" or
"department") 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 Entity's wrongful or negligent performance of its
obligations under this Agreement.
(9) INSURANCE:
(A) The Entity is required or will require any contractor procured by
the Entity 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
commercial automobile liability insurance from a company authorized to issue
insurance in Missouri, and to name the Commission, MoDOT, and its employees, as
additional insureds in amounts sufficient to cover the sovereign immunity limits for
Missouri public entities ($600,000 per claimant and $4,000,000 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.
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(B) In no event shall the language of this Agreement constitute or be
construed as a waiver or limitation for either party's 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.
(10) OWNERSHIP AND MAINTENANCE: All improvements made pursuant
to this Agreement within the state-owned right-of-way shall become the Commission's
property. The Entity, at its sole cost and expense, is responsible for maintaining all
sidewalks constructed or installed pursuant to this Agreement in fully operational, safe
and aesthetically acceptable condition. All future alterations, modifications, or
maintenance of the sidewalk improvements will be the responsibility of the Entity.
Maintenance by the Entity will include, but is not limited to, crack repair, patching
holes, removing litter, debris, trash, and leaves, and removal of snow and ice (through
methods approved by the Commission). All sidewalks constructed pursuant to this
Agreement shall be maintained in a condition safe for use of the sidewalks by the
general public at all times. If the Entity fails to maintain the improvements in a safe
condition, the Commission may perform or cause to be performed, maintenance at
the Entity's sole cost and expense.
(11) PERMITS: Before beginning work, the Entity shall secure from the
Commission's District Engineer a permit for the proposed improvement. The Entity
shall comply with any additional conditions placed on the permit by the Commission.
(12) BOND: The Entity shall secure sufficient bond, as determined by the
Commission's District Engineer or his authorized representative, for the construction
of the proposed improvement on Commission right-of-way.
(13) CONSTRUCTION OF IMPROVEMENTS: All construction of the
proposed improvements shall be according to the latest editions of the Missouri
Highways and Transportation Commission's Standard Specifications for Highway
Construction, Standard Plans for Highway Construction, and the Missouri Department
of Transportation's Approved Products List for Traffic Signals and Highway Lighting.
(14) AMENDMENTS: Any change in this Agreement, whether by
modification or supplementation, must be accomplished by a formal contract
amendment signed and approved by the duly authorized representative of the Entity
and the Commission.
(15) ASSIGNMENT: The Entity shall not assign, transfer or delegate any
interest in this Agreement without the prior written consent of the Commission.
(16) AUDIT OF RECORDS: The Entity must maintain all records relating to
this Agreement, including but not limited to invoices, payrolls, etc. These records must
be available at all reasonable times at no charge to the Commission and/or its
designees or representatives during the period of this Agreement and any extension
thereof, and for three (3) years from the date of final payment made under this
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Agreement.
(17) CANCELLATION: The Commission may cancel this Agreement at any
time for a material breach of contractual obligations or for convenience by providing
the Entity with written notice of cancellation. Should the Commission exercise its right
to cancel the contract for such reasons, cancellation will become effective upon the
date specified in the notice of cancellation sent to the Entity.
(18) APPLICABLE LAWS AND REGULATIONS: This Agreement shall be
construed according to the laws of the State of Missouri. Each party shall comply with
all applicable federal, state, and local laws, regulations, and ordinances. Additionally,
each party shall adhere to all accepted industry standards, processes, and procedures
relevant to the performance of their obligations under this Agreement. A violation of
this paragraph constitutes a material breach of the Agreement.
(19) MISSOURI NONDISCRIMINATION CLAUSE: The Entity shall comply
with all state and federal statutes applicable to Entity relating to nondiscrimination,
including, but not limited to, Chapter 213, RSMo; Title VI and Title VI I of the Civil Rights
Act of 1964 as amended (42 U.S.C. Sections 2000d and 2000e, et seq.); and with any
provision of the "Americans with Disabilities Act" (42 U.S.C. Section 12101, et seq.).
(20) 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.
(21) 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.
(22) 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 Entity.
(23) NO INTEREST: By constructing and maintaining the sidewalk
improvements on Commission right of way, the Entity gains no interest in Commission
right-of-way whatsoever. The Commission shall not be obligated to keep the
constructed improvements in place if the Commission, in its sole discretion,
determines removal or modification of the improvements is in the best interests of the
state highway system. In the event the Commission decides to remove the
improvements, the Entity shall not be entitled to a refund of the funds expended by
the Entity pursuant to this Agreement.
(24) 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.
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(25) VOLUNTARY NATURE OF AGREEMENT: Each party to this
Agreement warrants and certifies that it enters into this transaction and executes this
Agreement freely and voluntarily and without being in a state of duress or under
threats or coercion.
(26) ENTIRE AGREEMENT: This Agreement represents the entire
understanding between the parties regarding this subject and supersedes all prior
written or oral communications between the parties regarding this subject.
(27) DURATION: Unless otherwise terminated pursuant to (17), above, or
through mutual agreement of the parties, this Agreement shall be in effect for a
continuing duration upon execution of this Agreement.
Remainder of Page Intentionally Left Blank
511
Docusign Envelope ID: 7FED8AC2-035E-4B78-9FB6-E868EFF24AFA
IN WITNESS WHEREOF, the parties have entered into this Agreement on the
date last written below.
Executed by the Entity on 2025-01-27 1 8: 57 AM CST
Executed by the Commission on 2025-02-07 1 10:27 AM CST
MISSOURI HIGHWAYS AND
TRANSPORTATION COMMISSION
Sipne,I by:
V1G �(uVOtIV
By
L5F8LUF'E9S29Fd,g
Title Deputy Director / Chief Engineer
ATTEST:
no:u5qu,cd by:
� nm aceei orn•rr.
Secretary to the Commission
Approved as to Form:
— DOCUSignedby: ff
o rii I ' ounsel
CITY OF RIVERSIDE
Signed by: (�
By
Title Mayor
ATTEST:
By ESinned by:
X6kv, 6vtaj*
n seaz��sanas2
Title City Clerk
Approved as to Form:
( —Signed by:
Title City Attorney Attorney
2051
Ordinance Number:
(DATE).
(DATE).
Docusign Envelope ID: 7FED8AC2-035E-4B78-9FB6-E868EFF24AFA
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