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HomeMy WebLinkAbout2110 Agreement with Riverside Quindaro Bend Levee District for Geotechnical InvestigationsBILL NO. 2025-072 ORDINANCE NO. 2110 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 23rd day of September, 2025. Mayor Kathleen L. Rose ATTEST: Sarah Wagner, Deputy City Clerk GEOTECHNICAL INVESTIGATION AGREEMENT THIS AGREEMENT, made and entered into this 23rd day of September, 2025, 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"), Flood Protection Levee Easement ("FPLE") and/or Levee District Right -of -Way ("ROW") 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 irnprovements and subsurface work located within the LCA, FPLE and/or ROW do not take place without prior determination that the construction and/or subsurface work within the LCA, FPLE and/or ROW 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 FPLE is located in certain areas along the L-385 levee system; and WHEREAS, the ROW is located in certain areas along the L-385 levee system; 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, FPLE and/or ROW at approximate levee stations RL 7+50 to 9+00 which will include drilling ten (10) subsurface borings to obtain soil samples in connection with the Riverside Public Works Renovation 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, FPLE and/or ROW; and 1 WHEREAS, the Levee District has adopted a set of Procedures for Work for all work being proposed and undertaken within the Levee District LCA, FPLE and/or ROW, said Procedures 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 work within the LCA, FPLE and/or ROW. 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. 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 rights to construct the Project Improvements within the LCA shall be subject to the Levee District's rights to observe construction and subsurface work within the LCA is performed in accordance with the approved plans and specifications. 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 Proposed Work. The Project Sponsor shall prepare the plans and submit the same to the Levee District and the Levee District engineer who shall promptly submit the plans to the Government for review. Upon approval of the plans by the Government and the Levee District engineer, the Levee District engineer will notify the Project Sponsor in writing by email of such approval. 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 Proposed Project 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. All work and construction of the Proposed Project shall be in accordance with the Approved Plans. Upon completion of the work on the Project Improvements, the Project Sponsor shall promptly restore areas within the LCA which were affected by the work to a similar condition as existed prior to such work being performed within the LCA. The Project Sponsor agrees that all work within the LCA, FPLE and/or ROW shall be in accordance with the Approved Plans. 3. INITIATION OF WORK; SUSPENSION OF WORK. 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, FPLE and/or ROW. Prior to commencing any work within the LCA, FPLE and/or ROW the Project Sponsor shall deliver to the Levee District and the Levee District engineer at least two sets of final Approved Plans for the Proposed Work. 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. To the extent permitted by law, the Project Sponsor shall indemnify the Levee District and hold the Levee District harmless from and against any and all actions, suits proceedings, liabilities, damages, losses, costs and expenses, including attorneys' fees, solely arising out of or in connection with any breach or failure to perform by the Project Sponsor of any one or more provisions of this Agreement. 4. PLAN MODIFICATION. Any proposed modifications of the approved work within the LCA, FPLE and/or ROW, whether such modifications occur prior to or during construction, shall be presented to the District's Engineer for review and comments with a simultaneous copy of the proposal to the Levee District. The District's Engineer must approve all such proposed modifications in writing by email before the modified activity is begun and completed. 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. 5. LEVEE DISTRICT ENGINEER AND FIELD INSPECTION SERVICES; LEGAL EXPENSES: The work on the Project Improvements and appurtenances thereto located within the LCA requires the Levee District to: (1) incur professional service expenses in the form of the Levee District engineer providing engineering plan review, comment and field observation service; and (2) incur professional expenses in the form of the Levee District General Counsel drafting and negotiating appropriate contracts for the projects requested by the Project Sponsor. The Project Sponsor agrees to pay for the reasonable professional service expenses required of and incurred by the Levee District engineer and General Counsel for engineering plan review, field observation services and legal services. The Project also will be responsible to pay for the reasonable services required of the Levee District's attorney for creation of all agreements and review of the same. The District shall directly invoice all Project Sponsors for its engineering and legal expenses. A late payment charge of 1.5% per month (beginning 30 days after the invoice date) will be imposed on the balance of any invoice which is not paid within 60 days of the date of the invoice. 3 A failure to remit payment in full, plus any late charges, may result in the District (1) suspending Project Approval; or (2) withdrawing or terminating Project Approval, or (3) both (1) and (2), as well as to request an Assurance Deposit for the current or future projects conducted by the Project Sponsor. 6. NOTICES: Notice as required or otherwise provided in this Agreement must be in a written form and maybe provided by United States mail, first class postage prepaid; by a recognized, national overnight courier; or email so long as 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 Address: PO Box 681250, Riverside, MO 64168 Phone: 816-587-1125 Email: benrgbld(@,xmail.com Any notice to the Levee District engineer shall be to: Affinis Corp Attn: Jason Davis Address: 8900 Indian Creek Parkway, Suite 450, Overland Park, KS 66210 Phone: 913-239-1106 Email: jdavisaffinis.us Any notice to the Project Sponsor shall be to: City of Riverside Attn: Noel Bennion Address: 2950 NW Vivion Road, Riverside, MO 64150 Phone: 816-741-3933 Email: nbennion@riversidemo.gov 7. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto and their respective successors and assigns. 8. GOVERNING LAW: This Agreement and the terms and provisions herein shall be construed, interpreted and governed by the laws of the State of Missouri. 9. 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 representatives of the Levee District and the Project Sponsor. 10. 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. 11. 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 4 provision of this Agreement. 12. 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. 13. 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. 14. 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 VVHEREOF, the parties have executed this Agreement in duplicate originals the day and year set forth by their respective signatures. CITY OF RIVERSIDE, MISSOURI By: Kathleen L. Rose, Mayor Date: September 23, 2025 Name & Address of Project Sponsor Representative for invoice purposes: City of Riverside Attn: Noel Bennion Address: 2950 NW Vivion Road, Riverside, MO 64150 Phone: 816-741-3933 Email: nbennion@riversidemo.gov RIVERSIDE-QUINDARO BEND LEVEE DISTRICT OF PLATTE COUNTY, MISSOURI By: Jeffery Goodwin, President Date: August 20, 2025