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HomeMy WebLinkAbout2190 Authorizing Mayor to Execute Agreement with Riverside-Quindaro Bend Levee District of Platte County MissouriBILL NO. 2026-056 ORDINANCE NO. 2190 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 16th day of June 2026. /s/ Kathleen L. Rose Kathleen L. Rose, Mayor ATTEST: /s/ Melissa McChesney Melissa McChesney, City Clerk MISSOURI RIVER NORTH TRAIL CONSTRUCTION AND MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 19th day of June, 2026, 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 Di strict") 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 , Corps of Engineers ("Governrnent") for the construction of the Missouri River Levee Unit L-385 ("Levee Project"); and WHEREAS, pursuant to the PCA the Levee District acquired permanent right-of-way ("PROW"), Flood Protection Levee Easements ("FPLE") and other real estate interests on which flood protection improvements were constructed by the Government as part of the Levee Project; 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 Levee Critical Area ("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 is completed in accordance with the plans, design and specifications approved by the Government and the Levee District ; and WHEREAS, the Government and Levee District have the further responsibility to ensure that all improvements and subsurface construction located within the LCA of the Levee Project or any change to any feature of the flood protection system do not take place without prior determination of the Government and the Levee District that the construction and/or subsurface work within the LCA do not adversely affect the functioning of the Levee Project; and WHEREAS, the Levee District has adopted Procedures For Work relating to construction and /or subsurface work within the LCA and has adopted a 20 18 Supplement to the Procedures For Work (co llectivel y referred to as the "Procedures For Work") and said Procedures For Work are hereby incorporated here in by this reference ; and WHEREAS, the Project Sponsor is proposing to construct a 10-foot wide concrete shared us e path along NW Tullison Road , connecting from the ex isting Line C reek Trail into Kanas C ity , Missouri , sidewalk s at NW 38th Street, Kansas C ity , Platte County, Missouri. The project area is within the Levee Right-of-Way between approximate Levee station s QL 241 +00 to 242+00 and within the Levee Critical Area between approximate Levee stations RL 37+00 to 39+00 (the "Proposed Proj ct"); and WHEREAS, the Levee District requires a Construction and Maintenance Agreement (the "Agreement") with the Project Sponsor in connection with the Proposed Project; and WHEREAS, the plans, design and specifications for the Proposed Project are required to be approved by the Government and the Levee District's engineer (the "Approved Plans"); and WHEREAS, the Levee District engineer ("Affinis") will provide engineering services on behalf of the Levee District on the review and approval of the plans, designs and specifications for the Proposed Project and field observation of the surface and subsurface construction work on the Proposed Project; and WHEREAS, the Project Sponsor is obligated to pay for the Levee District's engineering services and field observation services provided in connection with the Proposed Project within the LCA as provided in paragraph 8 herein below; and WHEREAS, under the Levee District policies and 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 Proposed Project as finally constructed in accordance with the provisions in paragraph 10 hereinbelow. 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. INCORPORATION OF RECITALS. The aforementioned recitals are incorporated as if set forth herein. 2. PRIMARY PURPOSE OF LEVEE: The parties acknowledge that the P!imary 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. 3. 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 Project. 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. Upon approval of the plans by the Government and the Levee District engineer, the Levee District engineer will notify the Project Sponsor in writing of such approval. 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. 4. LEVEE DISTRICT CONSENT: The Levee District hereby agrees and consents to the construction and location of the Project Sponsor facilities (the "Project Improvements") within the LCA described 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 Proposed Project within the LCA, (c) the Project Sponsor shall deliver to the Levee District engineer three half-size sets of Approved Plans for the Proposed Project prior to beginning work on the Proposed Project within the 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 LCA in order for a representative of the Levee District to be present during construction. 5. MODIFICATIONS TO APPROVED PLANS: Any modification of the Approved Plans in the future shall be presented to the Levee District engineer and Government for review . All such proposed modifications must be approved by the Levee District engineer in writing or by email before the modified work is performed. 6. NO EFFECT ON LEVEE DISTRICT RIGHTS TO PROW. The current permanent Levee District rights under, in, and to the PROW shall be maintained and shall not be conveyed, released, impaired, or otherwise diminished by the Project Improvements or by this Agreement. However, to the extent the Project Improvements and related facilities and appurtenances are shown on the Approved Plans as being located within the PROW, the Levee District consents to such regulation, construction, installation, operation, maintenance, repair, replacement, use, and access, subject to the terms of this Agreement and all required approvals. The final location and alignment of the Project Improvements remain subject to further design, engineering, review, and approval. 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 LCA shall require prior approval of the Levee District engineer and the Government. The Project Sponsor shall, upon receipt of a written request from the Levee District and/or its engineer, provide the Levee District and its engineer with a set of plans for any sub-surface work proposed within the LCA. All future work within the LCA shall comply with the Government's criteria. The Project Sponsor shall give the Levee District and its engineer reasonable advance notice prior to undertaking any such future work with respect to the Project Improvements and appurtenances thereto located within the LCA. 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 on the Project Improvements and appurtenances thereto, the Project Sponsor shall promptly restore all areas within the LCA which were affected by the work within the LCA to a similar condition as existed immediately prior to such work being performed within the LCA. 8. NONCOMPLIANT WORK: In the event the Levee District or its field observation representative determines in their reasonable discretion that any work performed within the 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 non-complying 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 non-complying activity shall suspend all activity which is not in compliance with the Approved Plans as described in the written notification from the Levee District and/or its field observation representative. 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 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, solely arising out of or in connection with the Project Sponsor's and/or its Contractor's noncompliance with the Approved Plans or any material breach of the provisions of this Agreement. In addition, any enforcement or collection action which the Levee District shall have the right to undertake and maintain pursuant to this Agreement shall not include the right to recover reasonable attorney's fees and its direct costs incurred in connection with such action. 9. 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. 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 a higher Assurance Deposit for the current or future projects conducted by the Project Sponsor. 10. INDEMNIFICATION REQUIREMENT: The Project Sponsor will require its Contractor(s) to indemnify the Levee District and hold the Levee District harmless from and against its actual costs, damages, liabilities, obligations and expenses which the Levee District may incur caused solely by the Project Sponsor's Contractor's construction of the Project Improvements within the PROW, FPLE and/or LCA. 11. ASSURANCE DEPOSIT: Project Sponsor agrees that it will either: (1) remit payment to the Levee District of the performance bond calculated by the Levee District engineer and attached hereto by Exhibit A; or (2) contract with its Contractors to ensure the Contractor's remittance of payment to the Levee District for the same performance bond described in Exhibit A, which is incorporated as if set forth herein. Payment of this deposit must be made prior to beginning of work. In the event the Project Sponsor owes the Levee District, the Levee District's engineer or the Levee District's attorney fees for prior approved projects and those fees remain outstanding of the time of the Project Sponsor's new application, the Levee District reserves the right with withhold approval on any new applications or projects until all sums due are paid in full or payment arrangements are made to the Levee District's Director's or Board of Supervisors satisfaction. 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 project work within the LCA as set forth in the Approved Plans on the project. 13. 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, or by a recognized, national overnight courier. 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 care of its District Engineer : Riverside-Quindaro Bend Levee District Attn: Sam Briscoe, Affinis Corp Address: 8900 Indian Creek Parkway, Suite 450 Corporate Woods Building 6 Overland Park, KS 66210 Phone: 913-239-1119 Email: sbriscoe@affinis.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: 816-741-3993 Email: nbennion@riversidemo.gov 14. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto and their respective successors and assigns. 15. GOVERNING LAW: This Agreement and the terms and provisions herein 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 contract amendment signed and approved by the duly authorized representatives of the Levee District and the Project Sponsor. 17. 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. 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 transaction and executes this Agreement freely and voluntarily and without being in a state of duress or under threats or coercion. 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. CITY OF RIVERSIDE, MISSOURI By: /s/ Kathleen L. Rose Kathleen L. Rose, Mayor Date: June 16, 2026 Name & Address of Project Sponsor Representative for invoice purposes : City of Riverside Attn: Noel Bennion Address: 2950 NW Vivion Road, Riverside, MO 64150 Phone: 816-741-3993 Email: nbennion@riversidemo.gov RlVERSIDE-QUINDARO BEND LEVEE DISTRICT OF PLATTE COUNTY, MISSOURI By: /s/ Jeffery Goodwin Jeffery Goodwin, President Date: 6/19, 2026 EXHIBIT "A" PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS that we, the undersigned , hereinafter referred to as the "Contractor", and , a Corporation organized under the laws of the State of , and authorized to transact business in the State of Kansas as Surety, are held firmly bound unto the City of Prairie Village, Kansas, hereinafter referred to as "City", in the penal sum of DOLLARS ($ lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves and our heirs, executors, administrators, successors, and assigns, jointly and severally, by these presents: THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT: WHEREAS, the above bonded Contractor has, on the day of , 20 , entered into a written Contract with the aforesaid City for furnishing all materials, equipment, tools, superintendence, labor and other facilities and accessories for the construction of certain improvements as designated for Project, defined and described in the said Contract and the Conditions thereof, and in accordance with the Specifications and Plans therefore; a copy of said Contract being attached hereto and made a part hereof. NOW, THEREFORE, if the said Contractor shall and will, in all particulars, well, duly and faithfully observe, perform and abide by each and every covenant, condition and part of the said Contract, and the Conditions, Specifications, Plans and other Contract Documents thereto attached or, by reference, made a part thereof, according to the true intent and meaning in each case, and if said Contractor shall replace all defective parts, material and workmanship for a period of two years after acceptance by the City, then this obligation shall be and become null and void; otherwise it shall remain in full force and effect; PROVIDED FURTHER, if said Contractor fails in any particular to duly and faithfully observe, perform and abide by each and every covenant, condition, and part of the said Contract and the Conditions, Specifications, Plans and other Contract Documents, thereto attached, or, by reference made a part thereof, according to the true intent and meaning in each case, or if said Contractor shall fail to replace all defective parts, material and workmanship for a period of two years after acceptance by the City then the surety will pay the costs to complete the project and/or the costs to repair any defective parts for the period of two years after acceptance, and any other damages incurred by the owner in procuring completion and/or repair, such amount not exceeding the amount of this obligation, together with interest as provided by law. PROVIDED FURTHER, that if the said Contractor fails to duly pay for any labor, materials, sustenance's, provisions, provender, gasoline, lubricating oils, fuel oils, greases, coal, equipment and tools consumed or used in said work, groceries and foodstuffs, and all insurance premiums, compensation ;liability and otherwise, or any other supplies or materials used or consumed by such Contractor or his, their, or its subcontractors in performance of the Work contracted to be done, the Surety will pay the same in any amount not exceeding the amount of this obligation, together with interest as provided by law; PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or the Work to be performed thereunder, or the specifications accompanying the same, shall in any way affect this obligation on this bond and it does hereby waive notice of any change, extension of time, alteration or addition to the terms of the Contract, or to the work, or to the Specifications. IN TESTIMONY WHEREOF, the said Contractor has hereunto set his hand, and the said Surety has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed by its attorney-in-fact duly authorized thereunto so to do at on this, the day of , 20. CONTRACTOR BY: (SEAL) (Official Title) SURETY COMPANY BY: (SEAL) Attorney-in-Fact BY: (State Representative) (Accompany this bond with Attorney-in-Fact's authority form the Surety Company certified to include the date of the bond)