HomeMy WebLinkAbout2119 Approving a Surface Transportation Block Grant Program Project with Missouri Highways and Transportation CommissionBILL NO.2025-081 ORDINANCE NO. 2119
AN ORDINANCE APPROVING A SURFACE TRANSPORTATION BLOCK GRANT
PROGRAM PROJECT AGREEMENT WITH THE MISSOURI HIGHWAYS AND
TRANSPORATION COMMISSION
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 Surface Transportation Block Grant Program 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 — GRANT OF FURTHER AUTHORITY. That 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 cant' 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. That 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 7th day of October, 2025.
M or Kathleen L. Rose
ATTEST:
Melissa McChesney, City Clerk
CCO Form: FS11
Approved: 07/96 (KMH)
Revised: 02/25 (MWH)
Modified:
CFDA Number: CFDA #20.205
CFDA Title: Highway Planning and Construction
Award name/number: STBG 3454(403)
Award Year: 2027
Federal Agency: Federal Highway Administration, Department of Transportation
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
SURFACE TRANSPORTATION BLOCK GRANT (STBG) PROGRAM AGREEMENT
THIS STBG AGREEMENT is entered into by the Missouri Highways and
Transportation Commission (hereinafter, "Commission") and the City of Riverside, Platte
County, Missouri (hereinafter. "City").
WITNESSETH:
WHEREAS, the Infrastructure Investment and Jobs Act (IIJA) Title 23 United
States Code (USC) §133, authorizes a STBG Program to fund transportation related
projects; and
WHEREAS, the City desires to construct certain improvements, more specifically
described below, using such STBG funding; and
WHEREAS, those improvements are to be designed and constructed in
compliance with the provisions of this Agreement.
NOW. THEREFORE, in consideration of the mutual covenants, promises, and
representations in this Agreement, the parties agree as follows:
(1) PURPOSE: The purpose of this Agreement is to grant the use of STBG
funds to the City. The improvement contemplated by this Agreement and designated as
Project STBG 3454(403) involves:
Construction of a pathway/trail connecting Line Creek Trail and tying
into Kansas City sidewalks in the area of NW Tullison Rd. and NW 381h St.
The City shall be responsible for all aspects of the construction of the improvement.
(2) LOCATION: The contemplated improvement designated as Project STBG
3454(403) by the Commission is within the city limits of Riverside, Missouri. The general
location of the improvement is shown on an attachment hereto marked "Exhibit A" and
incorporated herein by reference. More specific descriptions are as follows:
Construction of a pathway/trail connecting the Line Creek Trail north of Argosy Casino
and traveling east along Tullison Rd. tying into Kansas City sidewalks in the area of NW
Tullison Rd. and NW 38'h St.
(3) REASONABLE PROGRESS POLICY: The project as described in this
agreement is subject to the reasonable progress policy set forth in the Local Public
Agency (LPA) Manual [and the final deadline specified in Exhibit B attached hereto and
incorporated herein by reference. In the event, the LPA Manual and the final deadline
within Exhibit B conflict, the final deadline within Exhibit B controls). If the project is within
a Transportation Management Area that has a reasonable progress policy in place, the
project is subject to that policy. If the project is withdrawn for not meeting reasonable
progress, the City agrees to repay the Commission for any progress payments made to
the City for the project and agrees that the Commission may deduct progress payments
made to the City from future payments to the City.
(4) LIMITS OF SYSTEM: The limits of the surface transportation system for the
City shall correspond to its geographical area as encompassed by the urban boundaries
of the City as fixed cooperatively by the parties subject to approval by the Federal
Highway Administration (FHWA).
(5) ROUTES TO BE INCLUDED: The City shall select the high traffic volume
arterial and collector routes to be included in the surface transportation system, to be
concurred with by the Commission, subject to approval by the FHWA. It is understood by
the parties that surface transportation system projects will be limited to the said surface
transportation system, but that streets and arterial routes may be added to the surface
transportation system, including transfers from other federal aid systems.
(6) INVENTORY AND INSPECTION: The City shall:
(A) Furnish annually, upon request from the Commission or FHWA,
information concerning conditions on streets included in the STBG system under local
jurisdiction indicating miles of system by pavement width, surface type, number of lanes,
and traffic volume category.
(B) Inspect and provide inventories of all bridges on that portion of the
federal -aid highway systems under the jurisdiction of the City in accordance with the
Federal Special Bridge Program, as set forth in 23 USC §144, and applicable
amendments or regulations promulgated thereunder.
(7) ACCEPTED WITHIN HIGHWAY SYSTEM: Effective upon execution of this
Agreement, the Commission accepts the above -described portion of the City street
system as part of the state highway system for the purposes of this STBG project.
However, during the construction period contemplated in this Agreement:
(A) The Commission will assume no police or traffic control functions not
obligatory upon Commission immediately prior to the execution of this Agreement, and
(B) The City shall perform or cause to be performed normal maintenance
on the project site.
(8) CITY TO MAINTAIN: Upon completion of construction of this improvement,
the City shall accept maintenance of the improvements made by this project at no cost
and expense whatsoever to the Commission. Any traffic signals installed on highways
maintained by the Commission will be turned over to the Commission upon completion of
the project for operational maintenance. Any aesthetic improvements installed on
highways maintained by the Commission upon completion of the project will be the sole
responsibility of the City for maintenance. All obligations of the Commission under this
Agreement shall cease upon completion of the improvement.
(9) INDEMNIFICATION: To the extent allowed or imposed by law, the City shall
defend, indemnify, and hold harmless the Commission, including its members and the
Missouri Department of Transportation ("MoDOT" or "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 City's wrongful or negligent
performance of its obligations under this Agreement.
(10) INSURANCE:
(A) The City is required or will require any contractor procured by the
City 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, and the 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.
(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.
(11) CONSTRUCTION SPECIFICATIONS: Parties agree that all construction
under the STBG for the City will be constructed in accordance with current MoDOT design
criteria/specifications for urban construction unless separate standards for the surface
transportation system have been established by the City and the Commission subject to
the approval of the FHWA.
(12) FEDERAL -AID PROVISIONS: Because responsibility for the performance
of all functions or work contemplated as part of this project is assumed by the City, and
the City may elect to construct part of the improvement contemplated by this Agreement
with its own forces, a copy of Section 11 and Section III, as contained in the United States
Department of Transportation (USDOT) Form Federal Highway Administration (FHWA)
1273 "Required Contract Provisions, Federal -Aid Construction Contracts," is attached
and made a part of this Agreement as Exhibit C. Wherever the term "the contractor" or
words of similar import appear in these sections, the term "the City" is to be substituted.
The City agrees to abide by and carry out the condition and obligations of "the contractor"
as stated in Section II, Equal Opportunity, and Section III, Nonsegregated Facilities, as
set out in Form FHWA 1273.
(13) ACQUISITION OF RIGHT OF WAY: With respect to the acquisition of right
of way necessary for the completion of the project, City shall acquire any additional
necessary right of way required for the project and in doing so agrees that it will comply
with all applicable federal laws, rules, and regulations, including 42 USC 4601-4655, the
Uniform Relocation Assistance and Real Property Acquisition Act, as amended and any
regulations promulgated in connection with the Act.
(14) REIMBURSEMENT: The cost of the contemplated improvements will be
borne by the United States Government and by the City as follows:
(A) Any federal funds for project activities shall only be available for
reimbursement of eligible costs which have been incurred by City. Any costs incurred by
City prior to authorization from FHWA and notification to proceed from the Commission
are not reimbursable costs. All federally funded projects are required to have a project
end date. Any costs incurred after the project end date are not eligible for reimbursement.
The federal share for this project will be 80% (Eighty Percent) not to exceed $2,500,000
(Two million five hundred thousand dollars), $1,000,000 (One million dollars) of which is
STBG funds, $1,500,000 (One million five hundred thousand) of which is TAP funds. The
calculated federal share for seeking federal reimbursement of participating costs for the
herein improvements will be determined by dividing the total federal funds applied to the
project by the total participating costs. Any costs for the herein improvements which
exceed any federal reimbursement or are not eligible for federal reimbursement shall be
the sole responsibility of City. The Commission shall not be responsible for any costs
associated with the herein improvement unless specifically identified in this Agreement or
subsequent written amendments.
(B) The total reimbursement otherwise payable to the City under this
Agreement is subject to reduction, offset, levy, judgment, collection or withholding, if there
is a reduction in the available federal funding, or to satisfy other obligations of the City to
the Commission, the State of Missouri, the United States, or another entity acting
pursuant to a lawful court order, which City obligations or liability are created by law,
judicial action, or by pledge, contract or other enforceable instrument. Any costs incurred
by the City prior to authorization from FHWA and notification to proceed from the
Commission are not reimbursable costs.
(15) PERMITS: The City shall secure any necessary approvals or permits from
the Federal Government and the State of Missouri as required to permit the construction
and maintenance of the contemplated improvements.
(16) TRAFFIC CONTROL: The plans shall provide for handling traffic with signs,
signal and marking in accordance with the Manual of Uniform Traffic Control Devices
(MUTCD).
(17) WORK ON STATE RIGHT OF WAY: If any contemplated improvements for
Project STBG 3454(403) will involve work on the state's right of way, the City will provide
reproducible final plans to the Commission relating to such work.
(18) DISADVANTAGED BUSINESS ENTERPRISES ;DBEs): At time of
processing the required project agreements with the FHWA, the Commission will advise
the City of any required goals for participation by DBEs to be included in the
(City's/County's/Grantee's) proposal for the work to be performed. The City shall submit
for Commission approval a DBE goal or plan. The City shall comply with the plan or goal
that is approved by the Commission and all requirements of Title 49 Code of Federal
Regulations (CFR) Part 26, as amended.
(19) NOTICE TO BIDDERS: The City shall notify the prospective bidders that
DBEs shall be afforded full and affirmative opportunity to submit bids in response to the
invitation and will not be discriminated against on grounds of race, color, sex, or national
origin in consideration for an award.
(20) PROGRESS PAYMENTS: The City may request progress payments be
made for the herein improvements as work progresses but not more than once every two
(2) weeks. Progress payments must be submitted monthly. All progress payment
requests must be submitted for reimbursement within ninety (90) days of the project
completion date for the final phase of work. The City shall repay any progress payments
which involve ineligible costs.
(21) PROMPT PAYMENTS: Progress invoices submitted to MoDOT for
reimbursement more than thirty (30) calendar days after the date of the vendor invoice
shall also include documentation that the vendor was paid in full for the work identified in
the progress invoice. Examples of proof of payment may include a letter or e-mail from
the vendor, lien waiver or copies of cancelled checks. Reimbursement will not be made
on these submittals until proof of payment is provided. Progress invoices submitted to
MoDOT for reimbursement within thirty (30) calendar days of the date on the vendor
invoice will be processed for reimbursement without proof of payment to the vendor. If the
City has not paid the vendor prior to receiving reimbursement, the City must pay the
vendor within two (2) business days of receipt of funds from MoDOT.
(22) OUTDOOR ADVERTISING: The City further agrees that the right of way
provided for any STBG improvement will be held and maintained inviolate for public
highway or street purposes, and will enact and enforce any ordinances or regulations
necessary to prohibit the presence of billboards or other advertising signs or devices and
the vending or sale of merchandise on such right of way, and will remove or cause to be
removed from such right of way any sign, private installation of any nature, or any privately
owned object or thing which may interfere with the free flow of traffic or impair the full use
and safety of the highway or street.
(23) FINAL AUDIT: The Commission will perform a final audit of project costs.
The United States Government shall reimburse the City, through the Commission, any
monies due. The City shall refund any overpayments as determined by the final audit.
(24) AUDIT REQUIREMENTS: If the City expend(s) one million dollars
($1,000,000) or more in a year in federal financial assistance it is required to have an
independent annual audit conducted in accordance with 2 CFR Part 200. A copy of the
audit report shall be submitted to MoDOT within the earlier of thirty (30) days after receipt
of the auditor's report(s), or nine (9) months after the end of the audit period. Subject to
the requirements of 2 CFR Part 200, if the City expend(s) less than one million dollars
($1,000,000) a year, the City may be exempt from auditing requirements for that year but
records must be available for review or audit by applicable state and federal authorities.
(25) FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT
(FFATA) OF 2006: The City shall comply with all reporting requirements of the FFATA of
2006, as amended. This Agreement is subject to the award terms within 2 CFR Part 170.
(26) 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.
(27) APPLICALBE 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.
(28) 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 City and the Commission.
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(29) COMMISSION REPRESENTATIVE: The Commission's Kansas City
District Engineer is designated as the Commission's representative for the purpose of
administering the provisions of this Agreement. The Commission's representative may
designate by written notice other persons having the authority to act on behalf of the
Commission in furtherance of the performance of this Agreement.
(30) NOTICES: Any notice or other communication required or permitted to be
given hereunder shall be in writing and shall be deemed given three (3) days after delivery
by United States mail, regular mail postage prepaid, or upon receipt by personal or
facsimile delivery, addressed as follows:
(A) To the City:
City of Riverside
Attn: City Traffic Engineer
(B) To the Commission:
Missouri Department of Transportation
Attn: KC District Engineer
or to such other place as the parties may designate in accordance with this Agreement.
To be valid, facsimile delivery shall be followed by delivery of the original document, or a
clear and legible copy thereof, within three (3) business days of the date of facsimile
transmission of that document.
(31) NONDISCRIMINATION ASSURANCE: With regard to work under this
Agreement, the City agrees as follows:
(A) Civil Rights Statutes: The City shall comply with all state and federal
statutes relating to nondiscrimination, including but not limited to Title VI and Title VII of
the Civil Rights Act of 1964, as amended (42 USC §2000d and §2000e, et seq.), as well
as any applicable titles of the "Americans with Disabilities Act" (42 USC §12101, et seq.).
In addition, if the City is providing services or operating programs on behalf of the
Department or the Commission, it shall comply with all applicable provisions of Title II of
the "Americans with Disabilities Act".
(B) Administrative Rules: The City shall comply with the administrative
rules of the USDOT relative to nondiscrimination in federally assisted programs of the
USDOT (49 CFR Part 21) which are herein incorporated by reference and made part of
this Agreement.
(C) Nondiscrimination: The City shall not discriminate on grounds of the
race, color, religion, sex, disability, national origin, age, or ancestry of any individual in
the selection and retention of subcontractors, including procurement of materials and
leases of equipment. The City shall not participate either directly or indirectly in the
discrimination prohibited by 49 CFR §21.5, including employment practices.
(D) Solicitations for Subcontracts. Includinq Procurements of Material
and Equipment: These assurances concerning nondiscrimination also apply to
subcontractors and suppliers of the City. These apply to all solicitations either by
competitive bidding or negotiation made by the City for work to be performed under a
subcontract including procurement of materials or equipment. Each potential
subcontractor or supplier shall be notified by the City of the requirements of this
Agreement relative to nondiscrimination on grounds of the race, color, religion, sex,
disability or national origin, age, or ancestry of any individual.
(E) Information and Reports: The City shall provide all information and
reports required by this Agreement, or orders and instructions issued pursuant thereto,
and will permit access to its books, records, accounts, other sources of information, and
its facilities as may be determined by the Commission or the USDOT to be necessary to
ascertain compliance with other contracts, orders and instructions. Where any information
required of the City is in the exclusive possession of another who fails or refuses to furnish
this information, the City shall so certify to the Commission or the USDOT as appropriate
and shall set forth what efforts it has made to obtain the information.
(F) Sanctions for Noncompliance: In the event the City fails to comply
with the nondiscrimination provisions of this Agreement, the Commission shall impose
such contract sanctions as it or the USDOT may determine to be appropriate, including
but not limited to:
Withholding of payments under this Agreement until the City
complies; and/or
2. Cancellation, termination, or suspension of this Agreement, in
whole or in part, or both.
(G) Incorporation of Provisions: The City shall include the provisions of
paragraph (31) of this Agreement in every subcontract, including procurements of
materials and leases of equipment, unless exempted by the statutes, executive order,
administrative rules or instructions issued by the Commission or the USDOT. The City
will take such action with respect to any subcontract or procurement as the Commission
or the USDOT may direct as a means of enforcing such provisions, including sanctions
for noncompliance; provided that in the event the City becomes involved or is threatened
with litigation with a subcontractor or supplier as a result of such direction, the
City may request the United States to enter into such litigation to protect the interests of
the United States.
(32) ACCESS TO RECORDS: The City and its contractors must maintain all
records relating to this Agreement, including but not limited to invoices, payrolls, etc.
These records must be available at no charge to the FHWA and the Commission and/or
their designees or representatives during the period of this Agreement and any extension,
and for a period of three (3) years after the date on which the City receives reimbursement
of their final invoice from the Commission.
(33) CONFLICT OF INTEREST: The City shall comply with conflict of interest
policies identified in 23 CFR 1.33. A conflict of interest occurs when an entity has a
financial or personal interest in a federally funded project.
(34) MANDATORY DISCLOSURES: The City shall comply with 2 CFR 200,113
and disclose, in a timely manner, in writing all violations of Federal criminal law involving
fraud, bribery, or gratuity violations potentially affecting the Federal award.
[Remainder of Page Intentionally Left Blank]
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IN WITNESS WHEREOF, the parties have entered into this Agreement on
the date last written below.
Executed by the City this October 7, 2025 (date).
Executed by the Commission this
MISSOURI HIGHWAYS AND
TRANSPORTATION COMMISSION
Title
ATTEST:
Secretary to the Commission
CITY OF RIVERSIDE
By Kathleen L. Rose
Title Mayor
ATTEST:
By: Melissa McChesney
Title: City Clerk
Approved as to Form:
Approved as to Form:
Commission Counsel
By:
Title:
Ordinance No.
Exhibit A - Location of Project (map)
Exhibit B — Project Schedule
Project Description: STBG 3453(403) MO River N Trail PSP
Task Date
Date funding is made available or allocated to recipient
14/3/25
12/1/25
Solicitation for Professional Engineering Services
(advertised)
Engineering Services Contract Approved
3/1/26
Conceptual Study (if applicable)
NIA
Preliminary and Right -of -Way Plans Submittal 9/1/26
(if Applicable)
Plans, Specifications & Estimate (PS&E) Submittal 3/1/27
Plans, Specifications & Estimate (PS&E) Approval 5/1/27
Advertisement for Letting 6/1/27
Bid Opening 7/1/27
Construction Contract Award or Planning Study completed 8/1/27
(REQUIRED)
*Note- the dates established in the schedule above will be used in the applicable ESC
between the sponsor agency and consultant firm.
**Schedule dates are approximate as the project schedule will be actively managed and
issues mitigated through the project delivery process. The Award Date or Planning Study
Date deliverable is not approximate and requires request to adjust.
Exhibit C - Required Contract Provisions
Federal -Aid Construction Contracts
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