Loading...
HomeMy WebLinkAbout2058 Agreement with Riverside-Quindaro Bend Levee District of Platte Co. MO BILL NO. 2025-013 ORDINANCE NO. 2058 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH RIVERSIDE-QUINDARO BEND 'LEVEE DISTRICT OF PLATTE COUNTY, MISSOURI BE IT ORDAINED 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 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 this 19th day of February 2025. . Mayor Kathleen L. Rose ATTEST: Robin Kiricaid; City Clerk RIGHT-OF-WAY USE, CONSTRUCTION AND MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this %82day of Klytkiamy, 2025, by and between the Riverside-Quindaro Bend Levee District of Platte County, Miss6uri, a political subdivision organized pursuant to the laws of the State of Missouri("Levee District")and the City of Riverside, Missouri ("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, pursuant to the PCA, the Levee District obtained all right-of-way and other real estate interests required for the Levee Project; and WHEREAS, the Levee District acquired permanent right-of-way adjacent to property owned by the Project Sponsor; and WHEREAS, the Levee District and the Government are responsible to ensure that all improvements, construction and subsurface work located within the Levee District Right-of-Way (the "ROW") and/or the Levee Critical Area (the "LCA"), which is generally defined as the area of land extending 300 feet riverward and 500 feet landward from the centerline of the L-385 Levee, do not adversely affect the functioning of the Levee Project; and WHEREAS,the PCA requires the Levee District to ensure that the ROW obtained for the Levee Project is retained in Levee District ownership; 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 Levee District and the Government have the further responsibility to ensure that construction within the ROW and LCA is completed in accordance with the plans, design and specifications approved by the Government and the Levee District (the "Approved Plans"); and WHEREAS, the Project Sponsor is proposing to relocate Riverway Boulevard and make other improvements related thereto within the ROW and LCA at approximate levee station RL 35+00 to 51+00 (the "Project Improvements") as part of the Riverway Boulevard Relocation project (the "Relocation Project); and WHEREAS, the Levee District has adopted Procedures for Work for all work being proposed and undertaken within the Levee District ROW and LCA, said Procedures for Work 1 being incorporated herein and made a part hereof by this reference (the "Procedures for Work"); and 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 Relocation Project within the ROW and LCA as provided in paragraph 11 hereinbelow; and WHEREAS, under the Levee District Procedures for Work, the Project Sponsor is required to furnish "as-built" drawings (herein referred to as "record drawings") showing the construction work performed on the Relocation Project as finally constructed within the ROW in accordance with the provisions in paragraph 12 herein below. 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 the Project Sponsor agree as follows: 1. PRIMARY PURPOSE OF LEVEE: The parties acknowledge that the primary purpose of the L-385 Levee Project is to provide flood protection. The Project Sponsor's right to use the area within the Levee District ROW shall be subordinate to the Levee District's rights to use the ROW for maintenance and repair of the levee system and for flood protection and flood fighting purposes. 2. PLANS: The Levee District shall reasonably cooperate with the Project Sponsor to provide levee related specifications, guidelines or information to assist the Project Sponsor in the preparation of the plans for the Relocation Project and Project Improvements. The Project Sponsor shall prepare the plans and submit the same to the Levee District engineer who shall promptly submit the plans to the Government for review. Following approval of the plans for the Relocation Project and Project Improvements within the ROW and LCA by the Levee District engineer and the Government, 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. The Project Sponsor shall cause its Contractor(s)to comply with the Levee District's policies and procedures relating to the construction of the Project Improvements in effect at the time of the construction of the improvements and in accordance with the Approved Plans. No work shall be performed or plan approved that will diminish the effectiveness and integrity of the levee system. The Project Sponsor agrees that all work and construction on the Relocation Project and the Project Improvements within the ROW and LCA shall be in accordance with the Approved Plans. Following completion of the construction and work on the Project Improvements located within the ROW and LCA, the Project Sponsor and/or its Contractor(s) shall promptly restore all areas within the Levee District ROW and LCA which were affected by the work on the Project Improvements to a similar condition as existed immediately prior to work on the Project Improvements within the ROW and LCA. 3. LEVEE DISTRICT CONSENT: The Levee District hereby agrees and consents to the construction and location of the Project Improvements within the ROW and LCA described 2 and set forth in the Approved Plans, provided that (a) the Project Sponsor and the Levee District have executed this Agreement, (b) the Project Sponsor has a pre-construction meeting with representatives from the Levee District and its engineer prior to beginning work on the Relocation Project within the ROW and LCA, (c) the Project Sponsor shall deliver to the Levee District engineer the Approved Plans for the Project Improvements located within the ROW and LCA in such format as requested by the Levee District engineer prior to beginning work on the Relocation Project within the ROW and LCA, and (d) the Project Sponsor or its Contractor shall notify the Levee District in writing or by email at least 48 hours prior to beginning construction within the ROW and LCA in order for a representative of the Levee District to be present during construction. 4. MODIFICATIONS TO APPROVED PLANS: Any modification of the Approved Plans relating to the Project Improvements within the ROW and/or LCA shall be presented to the Levee District engineer and Government for review. All such proposed modifications shall be approved by the Government and the Levee District engineer in writing or by email before the proposed modified work is performed. 5. NO EFFECT ON LEVEE DISTRICT RIGHTS TO ROW: The current permanent Levee District rights under, in and to the ROW will be maintained and unaltered by the Project Improvements and related facilities and appurtenances installed or constructed within the ROW. 6. MAINTAIN ROW LIMITS: The current permanent Levee District ROW limits shall be maintained and unaltered by any of the terms and provisions of this Agreement which permit the Project Sponsor to locate the Project Improvements on, over and within Levee District ROW. 7. SUBSEQUENT WORK ON PROJECT IMPROVEMENTS: Following the completion of the initial construction and installation of the Project Improvements, all future sub- surface work within the ROW and/or LCA shall require prior approval of the Levee District engineer and the Government. The Project Sponsor shall give the Levee District and its engineer reasonable advance notice in writing or by email of any proposed sub-surface work within the ROW and/or LCA prior to undertaking such work. Prior to undertaking any such future work the Project Sponsor shall provide the Levee District and its engineer with a set of plans for any sub- surface work proposed within the ROW and/or LCA. All such future sub-surface work within the ROW and/or LCA shall comply with the Government's applicable criteria of work within the ROW and/or LCA.Plans for any sub-surface work within the ROW and/or LCA shall be approved by the Levee District engineer and the Government prior to undertaking any such future work. The Levee District shall have no obligation for any costs of such work. The Project Sponsor agrees to pay for the services reasonably required of the Levee District engineer and/or field observation personnel in connection with such future work. Following any such work the Project Sponsor and/or its Contractor shall promptly restore all areas within the ROW and/or LCA which were affected by the work within the ROW and/or LCA to a similar condition as existed immediately prior to such work being performed within the ROW and/or LCA. 8. NONCOMPLIANT WORK: In the event the Levee District or its field observation representative determines in their reasonable discretion that any work performed 3 within the ROW and/or LCA is not in compliance with the Approved Plans, the Levee District and/or its field observation representative shall have the authority to notify the Project Sponsor and/or its Contractor of the noncomplying activity and shall have the authority to suspend all activity which is not in compliance with the Approved Plans.Following any of the above described notifications, the Project Sponsor and/or its Contractor and all other parties performing such noncomplying activity shall suspend all activity which is not in compliance with the Approved Plans. The failure to suspend said activity 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 for a Court to specifically enforce the provisions of this Agreement. 9. PROJECT SPONSOR'S RESPONSIBILITY FOR MAINTENANCE, REPAIR, ETC.: The Project Sponsor shall be responsible for the inspection, physical maintenance, repair and/or replacement of the Project Improvements located within the Levee District right-of-way and the Project Sponsor agrees to maintain the Project Improvements within the Levee District right-of-way in good condition. The Project Sponsor shall give the Levee District and its engineer reasonable advance notice prior to undertaking any maintenance, repair or replacement work with respect to the Project Improvements located within the Levee District right-of-way. All inspections, maintenance, repairs and replacement work shall be at the Project Sponsor's exclusive cost. 10. LEVEE DISTRICT RESPONSIBILITY FOR LEVEE IMPROVEMENTS: The Levee District shall be wholly responsible for the inspection, maintenance, operation and repair of the levee improvements and for all flood fighting activities within and upon the Levee District right-of-way. In the event the Levee District determines that any of the Project Improvements located within the Levee District right-of-way require maintenance, repair or replacement in order for the Levee District to comply with the requirements of Title 33 of the Code of Federal Regulations, the L-385 Operation and Maintenance Manual and other applicable regulations,the Levee District shall give the Project Sponsor written or email notice of said needed work and the Project Sponsor shall promptly undertake said needed work at its exclusive cost. The Levee District shall not be responsible to the Project Sponsor for damages to the Project Improvements which may occur as a result of the Levee District performing flood fighting and flood protection activities. The Levee District shall not be obligated to repair, replace or restore any of the Project Improvements which may be damaged or otherwise affected by the Levee District's performance of flood fighting and flood protection activities. 11. LEVEE DISTRICT ENGINEER AND FIELD OBSERVATION SERVICES: The Project Sponsor agrees to pay for the plan review and field observation services provided by the Levee District engineer in connection with the construction, repairs and other work which the Project Sponsor undertakes within the Levee District ROW and/or LCA. In order to expedite the payment of engineering and field observation costs incurred by the Levee District associated with the Relocation Project, the Levee District agrees to email all invoices for engineering and field observation services in connection with the Relocation Project and the Project Improvements to the designated Project Sponsor Representative for invoicing purposes set forth at the end of this Agreement. The Project Sponsor agrees to pay the invoices within thirty (30) days of receipt of such invoice(s). 4 12. RECORD DRAWINGS: The Project Sponsor shall provide the Levee District engineer with the record drawings of the project work in a format prescribed by the Levee District engineer within 90 days after the completion of all work within the ROW and LCA as set forth in the Approved Plans on the Relocation Project. 13. NOTICES: 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: benrqbld@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:Noel Bennion 2950 NW Vivion Road Riverside, Missouri 64150 Phone: 816-741-3993 Email: nbennion@riversidemo.gov 14. SUCCESSORS AND ASSIGNS: This Agreement and the terms and provisions contained herein shall be binding upon the parties hereto and their respective successors and assigns. 15. GOVERNING LAW: This Agreement and the terms and provisions herein contained shall be construed, interpreted and governed by the laws of the State of Missouri. 16. AMENDMENTS: Any change in this Agreement, whether by modification or supplementation, must be accomplished by a formal written amendment signed and approved by the duly authorized representatives of the Levee District and the Project Sponsor. 5 17. AUTHORITY TO EXECUTE: The signers of this Agreement warrant that they are acting officially and properly on behalf of their respective entities and have been duly authorized, directed and empowered to execute this Agreement. 18. 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. 19. NO ADVERSE INFERENCE: This Agreement shall not be construed more strongly against one party or the other. The parties to this Agreement had equal access to, input with respect to, and influence over the provisions of this Agreement. Accordingly, no rule of construction which requires that any allegedly ambiguous provision be interpreted more strongly against one party than the other shall be used in interpreting this Agreement. 20. VOLUNTARY NATURE OF AGREEMENT: Each party to this Agreement warrants and certifies that it enters into this Agreement freely and voluntarily. 21. 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 CITY OF RIVERSIDE,MISSOURI DISTRICT OF PLATTE COUNTY,MISSOURI By. By: kC.L vo J odwin, President Kathleen L. Rose, Mayor Date. '2r , 2025 Date: r,lattc 1 p ,2025 Name and Address of Project Sponsor Representative for invoicing purposes: City of Riverside,Missouri Attn:Noel Bennion 2950 NW Vivion Road Riverside,Missouri 64150 Phone: 816-741-3993 Email:nbennion@riversidemo.gov 6