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HomeMy WebLinkAbout2003-121 - Agreement with Riverside Quindaro Bend Lavee District Regarding the L-385 Levee ProjectBILL NO. 2003 -121 ORDINANCE NO. 2003 -121 AN ORDINANCE APPROVING THE FORM OF, AND AUTHORIZING THE MAYOR TO EXECUTE, AN AGREEMENT BETWEEN THE CITY OF RIVERSIDE, MISSOURI AND THE RIVERSIDE QUINDARO BEND LEVEE DISTRICT OF PLATTE COUNTY, MISSOURI REGARDING THE L -385 LEVEE PROJECT AND WEST PLATTE ROAD IMPROVEMENTS AND APPROVING THE EXECUTION OF OTHER DOCUMENTS AND ACTIONS RELATING THERETO. WHEREAS, the contract for construction of the L -385 Levee Project currently provides for a rolling gate and related improvements as the closure structure across West Platte Road near Valley Lane in the City( "Rolling Gate "); and WHEREAS, the Corp contractor has submitted a value engineering proposal providing for the construction of a ramped street at such location in lieu of a Rolling Gate ( "VE Proposal'); and WHEREAS, the City desires to construct, in lieu of the Rolling Gate and the VE Proposal, an upgraded ramped street and related improvements ( "Up and Over "), at the sole cost of the City; and WHEREAS, in order for the City to construct the Up and Over, the Rolling Gate and the VE Proposal must be deleted from the Corps contract; and WHEREAS, the City has requested that the Rolling Gate and the VE Proposal be deleted from the Corp Contract; and WHEREAS, in order for the Rolling Gate and VE Proposal to be deleted, the Corps requires that Levee District and the City agree to pay for and complete that portion of the work required to cause the Project to be a complete and functional flood control project no later than August 1, 2004. NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside, Missouri, as follows: Section 1 . The City of Riverside shall enter into an Up and Over Agreement, such agreement to he substantially in the form attached as Exhibit A , with the Levee District whereby the City shall undertake all responsibilities including, but not limited to, the design, planning, property assembly and construction obligations, of the Up and Over (the "Agreement "). Section 2 . The execution and delivery of the Agreement, with such additions and modifications deemed necessary or desirable by the Mayor, is approved, the Mayor is authorized to execute the Agreement and the Mayor, the City Administrator and other officers of the City are authorized to execute such other documents and take such other actions reasonably necessary or desirable to carry out the intent of this Ordinance and the Agreement, all on behalf of the City, the execution of the Agreement and other documents being conclusive evidence of such approval. Section 3 . This Ordinance shall be in full force and effect from and after its passage and approval. Passed this # day of December, 2003. A TES ty Clerk Mayor CITY/LEVEE DISTRICT UP AND OVER AGREEMENT This Agreement is entered into as of December 1-8 , 2003 by and between the Riverside - Quindaro Bend Levee District of Platte County, Missouri ( "Local Sponsor ") and the City of Riverside, Missouri ( "City ") relating to the VE Proposal and the Up and Over (defined below). WHEREAS, the Department of the Army ( "Government ") and the Local Sponsor entered into a Project Cooperation Agreement dated September 23, 1997 ( "PCA ") for the construction of the L -385 Levee project ( "Project "); and WHEREAS, the Government entered into a contract with Environmental Specialists, Inc. ( "Corp Contractor ") for the construction of certain portions of the Project ( "Corp Contract "); and WHEREAS, the Corp Contract currently provides for a rolling gate and related improvements as the closure structure across West Platte Road near Valley Lane in the City ( "Rolling Gate "); and WHEREAS, the Corp Contractor has submitted a value engineering proposal providing for the construction of a ramped street at such location in lieu of a Rolling Gate ( "VE Proposal "), and WHEREAS, the City desires to construct, in lieu of the Rolling Gate and the VE Proposal, an upgraded ramped street and related improvements as described in the attached Exhibit A ( "Up and Over "); and WHEREAS, the City's construction schedule for the Up and Over and the Corp Contractor's construction schedule for the Project are not coordinated and would result in duplication of efforts and further coordination and conflict issues; and WHEREAS, the Government requires that the Project be a complete and functional project prior to completion of the Project and termination of the Corp Contract; and WHEREAS, in order to allow the City to construct the Up and Over, the City has requested that the Rolling Gate be deleted from the Corp Contract pursuant to the terms of this Agreement and the City will agree to pay for and complete the Up and Over, including that portion of the work required to cause the Project to be a complete and functional flood control project as further described on Exhibit A ( "Project Work "); and WHEREAS, the Local Sponsor will be entitled to a Project credit for the costs of the Project Work; and WHEREAS, the City and the Local Sponsor desire to enter into this Agreement to provide for the funding and construction of the Up and Over and to agree to the allocation of the costs for purposes of VE Proposal cost savings calculations and Project Work cost calculations. NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the parties agree as follows: 1. VE Proposal The City and the Local Sponsor have worked together regarding their review of the VE Proposal and the development of the proposal regarding the City's construction of the Up and Over, including the Project Work, 2. Up and Over The City requests and directs the Local Sponsor to have the Government (i) delete the Rolling Gate from the Corp Contract; and (ii) enter into a Memorandum of Agreement ( "MOA ") relating to the Up and Over to allow the City to construct the Up and Over, pursuant to this Agreement. 3. Project Work The City and the Local Sponsor have determined the parameters of the work to be performed by the Corp Contractor and by the City with respect to the Project Work. The Project Work is the Up and Over excepting out any betterments. The Project Work includes property acquisitions, easements, borrow, utility relocations, pavement and all work needed to build the Up and Over excepting out only that portion constituting a betterment. Any and all work required prior to the deletion of the Rolling Gate and any and all work required to build the VE Proposal, or its functional equivalent, if required as a part of the Up and Over, is a part of the Project Work. 4. MOA a. The Government informed the Local Sponsor that the Government could not contract directly with the City for work relating to the Project Work. b. Pursuant to the request of the City, the Local Sponsor will work with the Government and the City to perform the Project Work. C. To allow the City to construct the Up and Over, the Government requires the Local Sponsor to enter into a MOA and agree to perform certain actions and pay costs and expenses relating to the Project Work. The Local Sponsor is willing to enter into such MOA conditioned upon the City agreeing to perform all actions and pay all costs and expenses in connection with the Project Work. d. At the request of the City and conditioned upon the City's execution of this Agreement, the Local Sponsor will enter into the MOA for the Project Work, in substantially the form attached as Exhibit B . S. Obiiations and Costs of Up and Over The City will perform the Up and Over and pay all costs associated therewith in accordance with applicable law. The City shall assume and fulfill all obligations of the Local Sponsor under the MOA as it relates to the Project Work. This Agreement is between the City and the Local Sponsor. Nothing in this Agreement shall be construed in any manner to affect any obligation of any third party to pay for portions of the Project Work. This Agreement is solely for the benefit of the City, the Local Sponsor and the Government and, other than the Government, there are no third party beneficiaries hereto. 6. Additional Up and Over LERRDs a. The City will perform all actions, including the acquisition of all lands, easements, rights -of -way, borrow and other 100% Local Sponsor responsibilities, required for or related to the Project Work, and pay all costs, expenses and claims in connection with all lands, easements, rights - of -way, borrow, relocations and other 100% Local Sponsor costs (including but not limited to paving) required for or related to the Project Work to the extent such items are the responsibility of the Local Sponsor and have not already prior to the date hereof been acquired and paid for by the Local Sponsor ( "Additional Up and Over LERRDs "). b. The parties agree that, even though paid by the City, all amounts expended by the City, including all Additional Up and Over LERRDs, are expended on behalf of and for the benefit of the Local Sponsor as a part of the Project and shall be treated by the Government as payments of the Local Sponsor. C. The City, in cooperation with the Local Sponsor, shall identify and acquire lands, rights and easements required for the Up and Over and provide to the Local Sponsor the right to use that portion of such rights, lands and easements needed for the Project. The parties agree that that the Up and Over is subject to and shall be considered Public Ways under that certain Cooperation Agreement dated November 15, 2001 between the City and the Local Sponsor relating to the use of Public Ways for the Project. Further, the City will grant to the Local Sponsor fee title to the two parcels legally described in Exhibit D and commonly referred to as the "Young Parcels ", for the Levee Extension (defined below), such conveyance being in substantially the form attached as Exhibit D . 7. Compliance With Applicable Laws, etc. All work related to the Up and Over shall be performed in accordance with all applicable laws, rules, regulations and ordinance and all guidelines, regulations and criteria of the Government relating to work in or adjacent to a flood control project ( "Applicable Criteria "). 8. Schedule of Work (a) In order for the Government to enter into the MOA, the Government requires assurances from the Local Sponsor that the Project Work will be completed and, in turn, the Local Sponsor requires such assurances of the City. (b) The City agrees that it will complete the Project Work, specifically including the substantial completion, on or prior to August 1, 2004, of that portion of the Project Work required to extend the earthen levee from approximately Riverside Station 78 +80 to approximately Station 82 +30 ( "Levee Extension "). 3 (c) The City further agrees that if the Levee Extension is not substantially completed by such date, the Government has the right but not the obligation to stop all City work on the Levee Extension and complete or construct, in lieu of the Project Work, the Levee Extension and, if the City so directs, a two lane ramped road over the Levee Extension. (d) Notwithstanding the forgoing, if the City is diligently pursuing the substantial completion of the Levee Extension and it is reasonably anticipated that the City will substantially complete the Levee Extension within a reasonable time period, as determined by the Government taking into consideration the then status of the Levee Extension, the amount of remaining work to complete the Levee Extension, the amount of time the City would need to complete the Levee Extension, the amount of time the Corp Contractor would need to complete the Levee Extension and the estimated completion date of the Project, the Government will grant to the City reasonable additional time to substantially complete the Levee Extension. (e) The City agrees (i) to indemnify and hold the Levee District harmless from all costs and expenses associated with the City's failure to complete the Project Work as required hereunder; and (ii) to pay to the Government an amount or amounts equal to the reasonable, verified and finalized delay and other damage claim(s) awarded to the Corp Contractor due to the deletion of the Rolling Gate from the Corp Contract, the City's failure to timely substantially complete the Levee Extension or the City's construction of the Up and Over, if any. 9. Cost /Credit Allocation Attached as Exhibit C is currently available information on Additional Up and Over LERRDS Costs. The City shall provide updated information to the Local Sponsor as it is available to allow the Local Sponsor to establish such costs as LERRDS credits under the MOA with the Government. 10. Construct, Repair, Maintain, Replace The City shall take all actions, including but not limited to, purchasing, storing and providing all materials and labor needed to construct the Up and Over pursuant to all Applicable Criteria and providing all labor, materials, machinery and support desirable or necessary to repair, maintain and replace the Up and Over so that it provides flood protection from Riverside Levee Station 78 +80 to Station 82 +30 pursuant to and in accordance with all Applicable Criteria. 11. Other Agreements This Agreement shall in no way affect the rights or obligations of the Local Sponsor or the City under any other agreement between the parties or any other person. This Agreement is executed on behalf of the parties by the duly authorized representatives of the parties as of the date first set forth above. M "LOCAL SPONSOR" Attest: [seal] RIVERSIDE QUINDARO BEND LEVEE DISTRICT OF PLATTE COUNTY, MISSOURI By: 4-' Phil Snowden, Secretary Robert Gieseke, President "CITY" Attest: CITY OF RIVERSIDE, MISSOURI [seal] By: /J Betty Burc ayor ty Clerk 5 EXHIBIT A DESCRIPTION OF UP AND OVER The Up and Over Plans and Specifications are on file with the City and the Government. See attached Plans and Specifications for Project Work. A -1 t b t! Oct f 46 b g CL o ONO x N i Y 6 but Ili Ee 4 aw 11 9 1 Ilk P *QZ( fit k I w; - F OF; 31 f. A l 1� Aj tr q i A Wig ----------------- m go N I A 14 R p A I. wt 01 y . .. ..... -- - ---------- - . tn.. ...... ..... - - - — - - - - - - - - Rs .. .... . .......... It < R EXHIBIT B MEMORANDUM OF AGREEMENT 10.2 MEMORANDUM OF AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY Gl►ff THE RIVERSIDE- QUINDARO BEND LEVEE DISTRICT OF PLATTE COUNTY MISSOURI FOR LERRDS WORK ON MISSOURI RIVER LEVEE UNIT L -385 THIS MEMORANDUM OF AGREEMENT (hereinafter called "MOA ") is entered into by and between THE DEPARTMENT OF THE ARMY (hereinafter called the "Government "), represented by Commander, U.S. Army Corps of Engineers, Kansas City District, executing this agreement, and THE RIVERSIDE QUINDARO BEND LEVEE DISTRICT OF PLATTE COUNTY, MISSOURI, a levee district organized and existing under the laws of the State of Missouri, with its office at 303 Marshall Road Suite 1, Platte City, Missouri 64079 (hereinafter called the "Local Sponsor "), for the purpose of establishing a mutual framework governing the respective responsibilities of the parties for the provision of Government services. This MOA is entered into pursuant to 10 U.S.C. § 3036(d). WITNESSETH THAT: WHEREAS, construction of the Missouri River Levee Unit L -385 (the "Project ") located on the left bank of the Missouri River from mile 371.4 to 376.5 (1960 river miles) in Southeastern Platte County, Missouri, was authorized by the Flood Control Act of 1944 (P.L. 534, 78' Congress, 2 nd Session) as part of the comprehensive flood control plan for the Missouri River basin; and WHEREAS, Section 103 of the Water Resources Development Act of 1986, Public Law 99- 662, as amended, specifies the cost sharing requirements applicable to the Project; and WHEREAS, the Government and the Local Sponsor have entered into a Project Cooperation Agreement dated September 23,1997 (hereinafter called the "PCA ") for the construction of the Project; and WHEREAS, pursuant to the PCA, the Local Sponsor is responsible for all relocations and other LERRDs; and WHEREAS, there is currently in the Project and included in the Government's contract with ESI ( "Corp Contract ") Rolling Gate R2 and associated work as the closure structure for the Project between approximately Riverside Stations 78 +80 and 82 +30 ( "Rolling Gate "); and WHEREAS, ESI has submitted a value engineering proposal to replace the Rolling Gate with a ramped street ( "VE Proposal "); and WHEREAS, the City of Riverside, Missouri ( "City ") has requested that it be given the right to perform certain work relating to the construction of an upgraded ramped street ( "Up and Over ") in lieu of Rolling Gate and the VE Proposal, a portion of which Up and Over will constitute a part of the Project and be qualified as LERRDs ( "Project Work "); and WHEREAS, the Local Sponsor desires to comply with such request provided the City undertakes certain actions on behalf of the Local Sponsor; and WHEREAS, the Local Sponsor has entered into an agreement with the City and pursuant thereto has made a written request for the Government to remove from the Corp Contract the Rolling Gate and the VE Proposal (attached as Exhibit A is a copy of the request and the agreement); and WHEREAS, the Government, in order to remove the Rolling Gate and the VE Proposal from the Corp Contract, requires assurances that the Project Work will be completed; and WHEREAS, an agreement on the scope of work and responsibilities of each party regarding work and services to be performed is required before the Corp Contract can be modified; and NOW, THEREFORE, the parties agree as follows 1. GOVERNMENT OBLIGATIONS a. The Government shall remove from the Corp Contract the Rolling Gate and the VE Proposal, if applicable, as further described on the attached Exhibit B , which is made a part of this MOA. b. As a part of its obligations under the PCA, the Government shall review submittals and conduct reviews of the status of the Project Work. c. If the Government performs any Closure Work, as described in Exhibit C , which is made a part hereof, it shall provide the Local Sponsor with an accounting of all expended funds for Closure Work, separately stating any Excess Costs of the Closure Work, as set forth in Exhibit C . Invoices rendered to the Government within the cost estimate attached in Exhibit C shall not be subject to audit by the Local Sponsor in advance of payment. d. Upon completion of the Closure Work, if any, the Government shall notify the Local Sponsor of the actual costs of the Closure Work. 2. LOCAL SPONSOR OBLIGATIONS a. Pursuant to the City/Levee District Up and Over Agreement, the City has agreed that it will complete the Project Work, specifically including the substantial completion, on or prior to August 1, 2004, of that portion of the Project Work required to extend the earthen levee from approximately Riverside Station 78 +80 to approximately Station 82 +30 ( "Levee Extension "). If the Levee Extension is not substantially completed as required herein and the Government determines to commence the Closure Work, the Local Sponsor shall provide advance funding for the Excess Costs of the Closure Work to the Government. Such funding must be provided prior to the Government beginning work on the Closure Work. 2 b. The Local Sponsor agrees to fulfill the requirements of non - Federal cooperation required by the Government, viz: i. Provide without cost to the Government all lands, easements and rights -of -way necessary for the construction of the Closure Work and access to and from the foregoing. ii. Hold and save the Government free from Excess Costs of the Closure Work. Excess Costs of the Closure Structure are those costs of any reasonable, verified and finalized delay or other damage claim(s) awarded to the Corp Contractor due to the deletion of the Rolling Gate from the Corp Contract or the City's failure to timely substantially complete construction of the Levee Extension, if any. iii. Give the Government a right to enter, at reasonable times and in a reasonable manner, upon land which the Local Sponsor owns or controls, for access to the Closure Work for the purpose of inspection. 3. OBLIGATIONS OF BOTH PARTIES: a. Both parties agree to abide by all terms and conditions of the PCA executed on September 23, 1997. b. Both parties agree that this MOA is solely applicable to and limited by the terms and conditions set forth in Exhibits B and C . c. The Government and the Local Sponsor shall determine the Project LERRDs credit of the Local Sponsor for the costs of the Project Work. d. All work which is required of the Government under the PCA shall not be a part of this MOA but are obligations of and shall be performed by the Government under and pursuant to the PCA. e. The parties acknowledge that the City, pursuant to the City /Levee District Up and Over Agreement, has agreed to perform the Up and Over and pay all costs associated therewith and fulfill all obligations of the Local Sponsor hereunder. The parties further acknowledge that the Government is a third party beneficiary of the City/Levee District Up and Over Agreement. 4. MISCELLANEOUS a. This MOA shall not affect any pre- existing or independent relationships or obligations between the Local Sponsor and the Government. b. Support furnished under this MOA shall be for the costs incurred by the Government in providing the services identified in Exhibit C . c. Nothing in this MOA shall be construed to require the Local Sponsor to use the Government or to require the Government to provide any goods or services, except as set forth in Exhibits B and C d. Nothing in this MOA shall be construed as affecting the authorities of the participants or as binding beyond their respective authorities or to require the participants to obligate or expend funds in excess of available appropriations. 5. POINTS OF CONTACT The names and addresses of the contacts for the participant parties are: R.Michael McGinness, Attorney Riverside Quindaro Bend Levee District 303 Marshall Road Suite 1 Platte City, Missouri 64079 Telephone: (816) 858 -2630 FAX: (816) 431 -5086 6. SURVIVAL Robert Dimmitt, Project Manager U.S. Army Corps of Engineers Kansas City District Project Management 601 East l f h Street Kansas City, MO 64106 -2896 Telephone: (816) 983 -3468 FAX: (816) 426 -6356 The provisions of this MOA that require performance after the expiration or termination of this MOA shall remain in force, notwithstanding the expiration or termination of this MOA. 7. SEVERABILITY If any provision of this MOA is determined to be invalid or unenforceable, the remaining provisions shall remain in force and effect to the fullest extent permitted by law and regulation. 8. AMENDMENT, MODIFICATION AND TERMINATION a. This MOA may be modified or amended only by written, mutual agreement of the parties. Any changes to this MOA will be in the form of an amendment and will become effective upon signature by all the participants. Either party may terminate this MOA by providing written notice to the other party. The termination shall be effective upon the sixtieth calendar day following notice, unless a later date is set forth. If the Local Sponsor notifies the Government that it desires to terminate this MOA or any service or work requested hereunder, the Government will not thereafter perform work and will not bill the Local Sponsor for any work or services performed after the date of such notice other than that which is necessary to terminate such work or that which is thereafter expressly approved in writing by the Local Sponsor. b. Except by prior mutual agreement, termination of this MOA shall not negate the requirements for production and delivery of all outstanding or pending services nor abrogate the Local Sponsor's responsibility to pay outstanding or pending service costs. c. Except by prior mutual agreement, termination of this MOA shall not negate or terminate any third party contracts entered into by the Government, and if such contracts are 4 terminated for convenience as a result of such agreement, it is understood that the Local Sponsor will pay any termination costs. 9. DURATION AND EFFECTIVE DATE a. The duration of this MOA shall continue until all payments have been made by the Local Sponsor and until the Project Work has been completed, at which time it will expire, unless cancelled, extended, renewed or terminated as set forth above. b. Prior to its expiration, this MOA maybe extended or renewed, subject to available funding, if all participants agree that there is a continuing need. c. This MOA shall become effective upon the acceptance by both parties. 10. ATTACHMENTS The following attachments are incorporated herein by reference and made a part of this MOA: EXHIBIT "A" - Written request for assistance from the Local Sponsor EXHIBIT "B" - Scope of Work for Rolling Gate, Project Work and Levee Extension EXHIBIT "C" — Scope of Work for Closure Work 5 10. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. THE UNITED STATES OF AMERICA RIVERSIDE - QUINDARO BEND LEVEE DISTRICT OF PLATTE COUNTY, MISSOURI BY: Donald R. Curtis Jr. Colonel, Corps of Engineers District Engineer 601 East 12th Street Kansas City, Missouri 64106 -2896 Dated CF' I do hereby certify th executed the foregoing Ar Quindaro Bend Levee r Agreement, is the Pr authorized to exec affixed to the subl, IN WITNESS W, (� this day of BY: Robert Gieseke, President Riverside - Quindaro Bend Levee District of Platte County Missouri 303 Marshall Road, Suite 1 Platte, City, Missouri 64079 I 1p described in and which ind the Riverside - Ao executed said and is duly the signature .rtification R. Michae, inness Attorney for tue Riverside - Quindaro Bend Levee District of Platte County, Missouri CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, sub - grants, and contracts under grants, loans, and cooperative agreements) and that all sub - recipients shall certify and disclose accordingly. 4. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. DATED this day of 2003. R. Michael McGinness Attorney for the Riverside - Quindaro Levee District of Platte County, Missouri 7 EXHIBIT B SPECIFIC SERVICES TO BE PROVIDED ROLLING GATE, PROJECT WORK AND LEVEE EXTENSION 1. GENERAL AND LIMITS Pursuant to the PCA, the Government shall perform the work and services required for coordination, amendments to plans, and review of the Project Work between approximately Riverside Stations 78 +80 and 82 +30 requested by the City of Riverside, Missouri to accommodate the Up and Over to be constructed by the City which request was approved by the Local Sponsor (subject to Government review and comment) and the Government. In general, as part of the Government scope of work, the Government will provide engineering reviews and participate in teleconferences and face to face meetings and conferences with respect to all work associated with the Up and Over to ensure compliance with Federal levee criteria and compatibility with the L -385 plans and specifications. The Government will not be completing analyses or design for the Up and Over. The Government shall provide review services of analyses and designs by others of applicable Project Work. Only features within the critical area which affect the Project will be subject to Government review. For this location, the critical area will be defined from 300 feet river to 500 feet landward of the centerline of the proposed L -385 levee centerline between the previously mentioned stations. 2. SPECIFIC SERVICES The following are the specific services to be provided to the Local Sponsor by the Government pursuant to the PCA and the MOA. Since the Project Work is a part of the Project, there are no additional costs under this MOA for such work and services. a. Modify Corp Contract: Delete or modify the following Bid Line Items (Rolling Gate and VE Proposal, if applicable) from the Corp Contract: Bid Line Item Amount b. Coordinate and Manage: Coordination and management will include in -house coordination, attending meetings as necessary, participating in teleconference calls. c. Technical Review: Complete technical review of the submittals and offer comments to ensure compatibility with levee design criteria and the Project. The Government and the Local Sponsor agree that the City will be responsible for all submittals, analyses and design. Specific items subject to Government review include the following: (i) The scope includes reviewing analyses and plans and specifications of proposed modifications to existing facilities where encroachment is planned into R -1 the floodway or the L -385 levee, any structures, excavation (temporary or permanent), and /or filling. (ii) The scope includes reviewing analysis and plans and specifications of proposed new construction where encroachment into the L -385 levee, any structures, excavation (temporary or permanent), and /or filling is planned. (iii) The scope includes reviewing analysis and plans and specifications of proposed utility construction, relocation, or general alterations that affect or are a part of the Project. (iv) The scope includes reviewing analysis and plans and specifications of additional features requested by the City not previously in the Project. (v) The scope includes reviewing all construction sequencing and construction restrictions proposed by the City in connection with work items which were not a part of the Project or the functional equivalent of an item which was a part of the Project. d. Project Plans: The City will prepare and submit the plans and specifications for the Up and Over. It will be noted in the plans and specifications that the Up and Over will be performed by the City's contractor. e. Construction Estimate: The City will construct the Up and Over. The Government will assist in providing the procedure for determination of actual Up and Over costs to be included as a part of the Project and for which the Local Sponsor will receive a credit. f Construction of the Levee Extension: i. The Up and Over, including that portion of the Project Work required to extend the earthen levee from approximately Riverside Station 78 +80 to approximately Station 82 +30 ( "Levee Extension "), will be constructed by the City. ii. The Levee Extension will be substantially completed on or prior to August 1, 2004. If the Levee Extension is not substantially completed by such date, the Government has the right but not the obligation to stop all City work on the Levee Extension and complete or construct, in lieu of the Project Work, the Levee Extension and, if the City so directs, a two lane ramped road, in a form and manner approved by the City, over the Levee Extension (the "Closure Work" as further set forth in Exhibit Q . Notwithstanding the forgoing, if the City is diligently pursuing the substantial completion of the Levee Extension and it is reasonably anticipated that the City will substantially complete the Levee Extension within a reasonable time period, as determined by the Government taking into consideration the then status of the Levee Extension, the amount of remaining work to complete the Levee Extension, the amount of time the City would need to complete the Levee Extension, the amount of time the Corp Contractor would need to complete the Levee Extension and the estimated completion date of the Project, the MIMI Government will grant to the City reasonable additional time to substantially complete the Levee Extension. iii. The Closure Work, if required, will be constructed as part of the Corp Contract, as further set forth in Exhibit C . 3. SPECIAL CONSIDERATIONS & COST ESTIMATE a. The Project Work is a part of the Project. All actions and all costs of the Project Work shall be credited to the benefit of the Local Sponsor as if the Project Work was an original part of the Project. The Project Work is the Up and Over excepting out any betterments. The Project Work includes property acquisitions, easements, borrow, utility relocations, pavement and all work needed to build the Up and Over excepting out only that portion constituting a betterment. Any and all work required prior to the deletion of the Rolling Gate and any and all work that would be required to build the VE Proposal, or its functional equivalent, if required as a part of the Up and Over, is a part of the Project Work. b. The Government shall document its efforts through correspondence and memorandums. Copies of the correspondence and memorandums will be provided to the Local Sponsor. c. The Government and the Local Sponsor agree that all design submittals will be from the City and that all coordination associated with preparation and /or submission of the design documents will be primarily with the City. d. Generally, the number of copies submitted with each submittal for Government review will be three. In addition to the three copies for Government review, the Local Sponsor should request the appropriate number for its review purposes. If additional copies are needed for the Government review, a request will be provided to the Local Sponsor and the City within two working days of receipt of the original submittal. e. At the conclusion of each of the reviews, the Government will provide written comments or correspondence stating that there were no additional comments to the City and to the Local Sponsor. f. This MOA is applicable to engineering review and associated efforts as indicated within this document. Other permits and authorizations within the Corps of Engineers and other agencies and governing bodies are not included within or as a part of this MOA. g. Upon request of the Local Sponsor, the Government will provide to the Local Sponsor all requested information. All requests for information should be from the Local Sponsor or its representatives. The general policy is that a mutually agreeable time will be scheduled within five working days of the information request. The person requesting the information will be provided a room and access to a copy machine and the file and document locations. The information may be reviewed and copied by the requesting party. a h. This MOA shall not include any activity already required of the Government under the PCA. The Government shall not bill the Local Sponsor for any work or service which is required of or performed by the Government pursuant to or under the PCA. i. The Government will provide a monthly accounting of costs to the Local Sponsor. Costs will be broken down to correspond to the specified services line items enumerated in the scope of work cost estimate below. A monthly written report outlining the status of the work will be provided with the monthly cost accounting. The Government shall not expend funds or financially obligate the Local Sponsor to exceed the amount of the advance funding authorized by the MOA without the prior written approval of the Local Sponsor. j. The following is a list of the estimated cost to the sponsor for the specified services: FEATURE COST 1. Coordination and Management $0 2 Incorporation into L -385 P &S $0 3. Cost Estimate and Bid Arrangements $0 4. Engineering During Construction $0 5. Construction Administrative costs $0 6. Reproduction $0 7. Construction cost (City will Construct) $0 SUBTOTAL None CONTINGENCY (20 %) None TOTAL $None PIM EXHIBIT C SPECIFIC SERVICES TO BE PROVIDED CLOSURE WORK 1. GENERAL AND LIMITS: If the City has not substantially completed the Levee Extension by August 1, 2004 and the Government reasonably determines that the City shall not be given additional time to substantially complete such work (as set forth in Exhibit B ), then the Government has the right, pursuant to this MOA, to cause such work to be performed to complete the Levee Extension and, if directed by the City, to build a two lane ramped road, in a form and manner approved by the City, over the Levee Extension ( "Closure Work "). If, pursuant to this MOA, the Government determines to perform the Closure Work, then, pursuant to the PCA, the Government shall perform all work and services required for coordination, review and preparation of plans and specifications for and for construction of the Closure Work. 2. SPECIFIC SERVICES: The following are specific services to be performed by the Government and the estimated cost to the Local Sponsor for the services: a. Coordinate and Manage: Coordination and management will include in -house coordination, attending meetings as necessary and participating in teleconference calls. b. Project Plans: Prepare, if necessary, plans and specifications, or amendments thereto, to complete the Closure Work. c. Technical Review: Review of plans and specifications relating to the Closure Work during construction. d. Construction Estimate: Preparation of a M -CASES cost estimate of the Closure Work and of the Excess Costs of the Closure Work (defined below), bidding this additional work for the Project. 3. SPECIAL CONSIDERATIONS & COST ESTIMATE a. The Closure Work is a part of the Project. All actions and all costs of the Closure Work, except for the Excess Costs of the Closure Work (defined below), shall be billed and paid as if the Closure Work was an original part of the Project. The Local Sponsor shall be responsible for the agreed upon Excess Costs of the Closure Work (defined below). b. The Government shall document its efforts through correspondence and memorandums. Copies of the correspondence and memorandums will be provided to the Local Sponsor. c. Upon request of the Local Sponsor, the Government will provide to the Local Sponsor all requested information. All requests for information should be from the Local Sponsor or its representatives. The general policy is that a mutually agreeable time will be scheduled within C -1 five working days of the information request. The person requesting the information will be provided a room and access to a copy machine and the file and document locations. The information may be reviewed and copied by the requesting party. d. The Government will provide a monthly accounting of costs to the Local Sponsor. Costs will be broken down to correspond to the specified services line items enumerated in the scope of work cost estimate below. A monthly written report outlining the status of the work will be provided with the monthly cost accounting. The Government shall not expend funds or financially obligate the Local Sponsor to exceed the amount of the advance funding authorized by this MOA without the prior written approval of the Local Sponsor. e. The following is a list of the estimated cost to the Local Sponsor for the specified services, which costs shall include only the excess costs incurred in connection with the Closure Work due to the City's failure to timely substantially complete construction of the Levee Extension ( "Excess Costs of Closure Work "): FEATURE COST 1. Excess Costs: Coordination and Management $0 2. Excess Costs: Preparation of Plans and Specs $0 3. Excess Costs: Cost Estimate and Bid Arrangements $0 4. Excess Costs: Construction Administrative Costs $0 5. Excess Costs: Reproduction $0 6. Excess Costs: Construction cost (to be determined) Lump Sum Negotiated SUBTOTAL CONTINGENCY (20 %) TOTAL C -2 EXHIBIT C ESTIMATE OF PROJECT COSTS AND ADDITIONAL UP AND OVER LERRDS Real Estate $494 Borrow Utilities Relocations Pavin Construction Other Information to be added as it is available. C -1 000425'7 STA;E 6F MISSOURI SS M'YU I Y OF PLATI E I CECTIFY:NST r UCLIVED 2064 MAR —8 A 11: 52 ° ;10�. $ PG.1$. RECOFiUfD UO.,. 1�. InA COX. PLAT CiECO.RECORUER O N co —o C=) GO co TITLE OF DOCUMENT: Special Warranty Deed Ul DATE OF DOCUMENT: January 20, 2004 GRANTOR(S): The City of Riverside, Missouri GRANTEE(S): The Riverside - Quindaro Bend Levee District Of Platte County, Missouri ADDRESS: 303 Marshall Road, Suite 1, Platte City, Missouri 64079 LEGAL DESCRIPTION: Set forth on page 5 (Return recorded document to McGinness & Shaw, LLQ Ibis document has been recorr+� Platte County Re t - C°%;; office for certiFed c 415 3r± M064079,(816)858-3326 St,, lute 7U, ; -1- SPECIAL WARRANTY DEED BK 1028PGO885 OW ALL MEN BY THESE PRESENTS: That this Agreement is made as of the day of January, 2004, by and between THE CITY OF Political subdivision, and its successors and assigns, ( "Grantor ") and having n�address of 2 NW Vivion Road, Riverside, Missouri, 64150 and THE RIVERSIDE QUINDARO BEND LEVEE DISTRICT OF PLATTE COUNTY, MISSOURI, a levee district, and its successors ( " and assigns, having an address of 303 Marshall Road, Suite 1, Platte City Missouri 64079 Grantee "). Grantor, in consideration of the sum of Ten and No /100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby GRANT, SELL AND CONVEY to Grantee all of Grantor's rights, title and interests in the property described in this Deed. Grantor conveys to the Grantee the following described real estate and interests in real estate in the County of Platte, State of Missouri: See Exhibit A attached hereto Subject to temporary construction easements in favor of Grantor for the W. Platte Road improvement and expansion project and any and all rights, reservations, liens, easements and encumbrances of record including but not limited to all applicable zoning laws and ordinances and all unpaid taxes and assessments not yet due and payable for 2004 and years thereafter. Grantee shall have all rights, privileges, appurtenances and immunities belonging to Grantor, its successors and assigns forever. -2- v v v v sKIO28PGO885 Grantor covenants that Grantor is lawfully seized of an indefeasible estate in fee in the premises herein conveyed. Grantor covenants that the said premises are free and clear of any encumbrances done or suffered by Grantor; and that Grantor will warrant and defend the title to said premises unto Grantee and unto its successors and assigns, forever, against all person whomsoever lawfully claiming or to claim the same by, through or under the Grantor. IN WITNESS WHEREOF, Grantor has, through its duly authorized officers, executed this Deed as of the date first written above. "GRANTOR" CITY OF RIVERSIDE, MISSOURI A aA 4 Betty Burc , Mayor ATTEST: [seal] C' Clerk ACCEPTED BY: RIVERSIDE QUINDARO BEND LEVEE DISTRICT OF PLATTE COUNTY, MISSOURI ( "GRANTEE ") By. Robert Gieseke, President ATTEST: [seal] Secretary -3- SKI 028PGO885 STATE OF MISSOURI ) )ss. COUNTY OF PLATTE ) On this C�Aay of January, 2004, before me, the undersigned, a Notary Public, appeared Betty Burch, to me personally known, who, being by me duly sworn, did say that she is the Mayor of the CITY OF RIVERSIDE, MISSOURI, a body politic and corporate duly authorized, incorporated and existing under and by virtue of the laws of the State of Missouri, and that the seal affixed to the foregoing instrument is the corporate seal of said City, and that said instrument was signed and sealed in behalf of said City by authority of its Governing Body, and said officer acknowledged said instrument to be executed for the purposes therein stated and as the free act and deed of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal, the day and year last above written. In .ate Notary Public My commission expires: STATE OF MISSOURI ) )ss. COUNTY OF PLATTE ) FmyComrmnission HOMAS E. ARC tary Public - Notary Seal State of Missouri Platte County Expires August 28, 2005 On this / 0 7 1 kday of I ` ?x'2004 before me, the undersigned, a Notary Public, appeared Robert Gieseke, to me personally known, who, being by me duly sworn, did say that he is the President of the RIVERSIDE QUINDARO BEND LEVEE DISTRICT OF PLATTE COUNTY, MISSOURI, a body politic and corporate duly authorized, incorporated and existing under and by virtue of the laws of the State of Missouri, and that the seal affixed to the foregoing instrument is the corporate seal of said District, and that said instrument was signed and sealed in behalf of said District by authority of its Governing Body, and said officer acknowledged said instrument to be executed for the purposes therein stated and as the free act and deed of said District. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal, the day and year last above written. Notary Publi / My commission expires: MICHAEL McGINNESS Notary Public - Notary Seal STATE OF MISSOURI Platte County -4- My Commission Expires /i -2o -oS 000425'7 EXHIBIT A PERMANENT RIGHT -OF -WAY DESCRIPTION (T21 /LD193) All that part of the Southeast Quarter of Section 4, Township 50 North, Range 33 West, in the City of Riverside, Platte County, Missouri, described as follows: Commencing at the Southeast Corner of said Section 4; thence North 00° 36' 10" East, along the East line of the Southeast Quarter of said Section 4, a distance of 347.21 feet to the Point of Beginning; thence South 19* 34' 23" West a distance of 27.48 feet; thence North 70' 25' 41" West a distance of 24.31 feet; thence North 16 07' 04" East a distance of 86.65 feet; thence South 70 23' 16" East a distance of 9.24 feet to a point on said East line; thence South 00 36' 10" West, along said East line, a distance of 62.40 feet to the point of beginning. Containing 1,730 square feet or 0.0397 acres, more or less. The bearings used in this description are based upon the South line of the Southeast Quarter of said Section 4 being South 89 52' 52" West. PERMANENT RIGHT -OF -WAY DESCRIPTION (T21 /LD201) All that part of the Southwest Quarter of Section 3, Township 50 North, Range 33 West, in the City of Riverside, Platte County, Missouri, described as follows: Commencing at the Southwest corner of said Section 3; thence North 00 36' 10" East, along the West line of the Southwest Quarter of said Section 3, a distance of 347.21 feet to the Point of Beginning; thence North 19 34' 23" East a distance of 58.99 feet; thence North 70° 23' 16" West a distance of 20.28 feet to a point on the West line of the Southwest Quarter of said Section 3; thence South 00 36' 10" West, along the West line of the Southwest Quarter of said Section 3, a distance of 62.40 feet to the point of beginning. Containing 598 square feet or 0.0137 acres, more or less. And: Commencing at the Southwest corner of said Section 3; thence North 00 36' 10" East, along the West line of the Southwest Quarter of said Section 3, a distance of 424.11 feet to a point on the South right -of- way line of West Platte Road, previously known as U.S. Highway No. 71; thence South 69 50'04" East, along said.South right -of -way line, a distance of 27.49 feet; thence continuing along said South right -of- way line, along a curve to the right, tangent to the last described course, having a central angle of 01 ° 07' 20 ", a radius of 3,123.50 feet, and an arc distance of 61.19 feet to the Point of Beginning; thence South 08 ° 28' 02" West a distance of 97.26 feet; thence South 70 ° 25' 36" East a distance of 42.13 feet; thence North I 1* 58' 27" East a distance of 94.45 feet to a point on said South right -of -way line; thence Northwesterly along said South right -of -way line, along a curve to the left that is non - tangent to the last described course, having an initial tangent bearing of North 67 ° 49' 27" West, a central angle of 00' 53' 17 ", a radius of 3,123.50 feet, and an arc distance of 48.41 feet to the point of beginning. Containing 4,266 square feet or 0.0979 acres, more or less. The bearings used in these descriptions are based upon the South line of the Southwest quarter of said Section 3, being common with the North line of the Northwest quarter of said Section 10, being South 88 ° 03' 39" East. —5—