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HomeMy WebLinkAbout2003-126 - Agreement with Riverside Quindaro Bend Levee District Regarding the L-385 Levee ProjectO1ZDIl\ANCE NO. 2003-136 BILL NO. 2003-126 AN ORDINANCE APPROVING THE FORM OF, AND AUTHORIZING THE MA~'OR TO EXECCTE, AN AGREEMENT [3E'fWEEN THE C1TY OF R[VERSIDE, MISSOURI AND THE RIVERSIDE QUfNDARO BEND LEVEE DISTl21C"f OF YLATTE COUNTY, MISSOURI REGARDING THE L-3R5 LEVEE PROJECT AND THE STOP LOG STRUCTURE ACROSS WEST PLATTE ROAD AT THG LINT CREEI~ BRIDGE ANll APPROVING THE EXECCTION OF OTHCR DOCUMENTS AND ACTIONS RELA"PING THERETO. WHEREAS, the Riverside-Quindaro Bend Levee District of Platte Country, Missouri ("Levee District") is the Local Sponsor under a Project Cooperation Agreement ("PC.A") dated September 33, 1997, between the Levee District and the Department of Army ("Corps") for the construction of the Missouri River Levee Unit L-385 ("Levee Project"); and WHEREAS, the contract for construction of the Levee Project current]y provides for a foodwall across R~. Platte Road at the bridge over Line Creek at approximately Riverside Station 19+UO ("Floodwall") in the City of Riverside, Missouri ("City"); and WHEREAS, the City desires that in lieu of the Floodwall, a stop log structure and related improvements ("Stop Log Structure") be constructed, at the sole cost of the City; and `x~r r~uF~e g, in order for the Stop Log Sn-ucture to be constructed, the Flood«~a]] must be deleted from and the Stop Log Structure added to the Corps construction conri-act ("Corp Contract"); and WHEREAS; the Cit}~ has requested that the Corp Contract be modified to remove the Floodwall and h~clude the Stop Log Structure; and WHEREAS, in order for this to occur, the Corps requires that the City agree to pay for the Stop Log Structure. NOW, TFIEREFORE, be it ordained by the Board of Aldermen of the City of Riverside, Missouri, as follows: Section 1. The City agrees to pay all of the costs of the Stop Log Structure (described in further detail in Exhibit A to the Agreement). The immediate payment of the estimated costs of the Stop Log Structure is approved and the Mayor, the City Finance Officer and other officers of the City are hereby authorized to take such actions to pay such amounts to the Levee District. Section 2. The City shall enter into a Stop Log Structure Agreement, such agreement to be substantially in the form attached as Exhibit A, with the Levee District, whereby the Levee District agrees to add the Stop Log Structure to the Corp Contract and the City undertakes all responsibilities to pay for the Stop Log Structure (the "Agreement"). Section 3. 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 4. This Ordinance shall be in full force and effect from and after its passage and approval. , Passed this ] 8°' day of December, 2003. _ ~~ ~ Mayor ATT~ qty Clerk C:\MV Documena\ORDINANCES\BILL NO. 3003-]26.DOC STOP LOG STRUCTURE AGREEMENT This Agreement is entered into as of December 18 , ?003 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 Stop Log Structure (defined below). WHEREAS, the Department of the Army (`Govenunent") and the Local Sponsor entered into a Project Cooperation Agreement dated September 23, 1997 ("PCA") for the construction of the L-385 Levee project ("Levee Project"); and WHEREAS, the Government entered into a contract with Environmental Specialists, Inc. ("Corp Contractor") for the constriction of certain portions of the Levee Project ('`Corp Contract"); and WFIEREAS, the contract for construction ofthe Levee Project currently provides for a floodwall across W. Platte Road at the bridge over Line Creek at approximately Riverside Station 19+00 ("Floodwall") in the City of Riverside, Missouri ("City"); and WHEREAS, the City desires that in lieu of the Floodwall, a stop log structure and related improvements, including storage building and other work ("Stop Log Structure"1 (as further described in Exhibit A) be constructed, at the sole cost of the CitS ;and WHEREAS, in order for the Stop Log Structure to be constructed, the Floodwall must be deleted from and the Stop Log Structure added to the Corp Contract; and WHEREAS, the City has requested that the Corp Contract be modified to remove the Floodwall and include the Stop Log Structure; and WHEREAS, in order for this to occur, the Corps requires that the City agree to pay for the Stop Log Structure; and WHEREAS, the City and the Local Sponsor desire to enter into this Agreement to provide for the fimding of the Stop Log Structure. NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the parties agree as follows: Stop Log Structure. The City requests and directs the Local Sponsor to have the Government (i) enter into a Memorandum of Agreement ("MOA") to provide for the construction of the Stop Log Structure pursuant to this Agreement, and (ii) delete the Floodwall from and add the Stop Log Structure into the Corp Contract. 2. Memorandum of Agreement ("MOA") a. The Government informed the Local Sponsor that the Government could not contract directly with the City for work relating to the Stop Log Structure. b. Pursuant to the request of the City, the Local Sponsor will work with the Government and the City to perform the Stop Log Structure. ~. To add the Stop Log Structure into the Corp Contract, the Cioverninent requires the Local Sponsor to enter into a MOA and agree to perform certain actions and pay costs and expenses relating to the Stop Log Structure. 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 Stop Log Structure. 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 Stop Log Structure, in substantially the form attached as Exhibit A. 3. Obligations and Costs of Stop Log Structure. The City will pay all costs and expenses of the Stop Log Structure. The City shall assume and fiilfill all obligations of the Local Sponsor under the MOA. This Agreement is between the City and the Local Sponsor. This Agreement is solely for the benefit of the City, the Local Sponsor and the Govennnent and, other than the Govennnent, there are no third party beneficiaries hereto. 4. 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. 2 "LOCAL SPONSOR" Attest: WVERSIDE QUINDARO BEND LEVEE DISTRICT OF PLA7"I'E COUNTY, MISSOURI [seal; ~~ p ,,i,..,F.., By „ ' _ ~' :,_ :.; _: ice, I /~i.e ~ ~/l~-mac; Phil Snowden, Secretary Robert Gieseke, President "CITY" CITY OF RIVERSIDE, MISSOURI Attest: By: ~/ Betty Bu ~ ,Mayor E~~uBIT A MEMORANDUM OF AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND THE RIVERSIDE-QUINDARO BENll LEVEE DISTRICT OF PLATTE COUNTY MISSOURI FOR 12EIMBURSABLE WORK FOR OTHERS 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 ptu'pose 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). WITNESSETI-1 THAT: WHEREAS, construction of the Missouri River Levee Unit L-3S5 (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, 78th Congress, 2nd 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 Missouri River Levee Unit L-385; and WHEREAS, the Local Sponsor has made a written request (Support Agreement 1) for the Government to perform certain Requested Services at the Site (as defined in Support Agreement 2 of this MOA); and WHEREAS, the Government may perform work for others using contributed funds under the provisions of 10 U.S.C. §3036(d) and Engu~eernlg Regulation 1140-1-211, Support for Others: Reimbursable Work; and WHEREAS, Amendments to the Contract Plans and Specifications, and Construction Cost Estimates shall be prepared by the Govermment; and WHEREAS, an agreement on the scope of work and responsibilities of each party regarding work and services to be performed is required before Contract Plans and Specifications can be amended for the Requested Services; and WHEREAS, the Local Sponsor shall contribute funds to cover all costs associated with the Government's perforniance of the Requested Services as set forth in Support Agreement 2. NOW, THEREFORE, the parties agree as follows: 1. GOVERNMENT OBLIGATIONS a The Government agrees to perform the work described in its scope of work.. as set forth in the attached Support Agreement 2, which is incorporated herein and made a part of this MOA. b. The Government shall establish a separate funded work item for the Requested Services identified in the scope of work included in Support Agreement 2 of this MOA. c. All Corps of Engineers supervision and administration labor and construction work associated with the accomplishment of the Requested Services will be charged directly to these funded work items pursuant to the cost allocations set forth in the attached Support Agreement 2. d. The Government shall conduct monthly reviews of its actual costs incurred in providing the Requested Services to ascertain if the actual costs approximate estimated costs; provided that in no event shall any Bid Item cost estimate as set forth in Support Agreement 2 be exceeded without the prior written consent of the Local Sponsor. e. The Government shall provide the Local Sponsor with an accounting of all expended funds for the Requested Services. f. Upon completion of the Requested Services, acceptance of the Requested Services by the Government, and release by the contractor of all claims relating to the Requested Services or a final determination that no such claims are due and owing, the Government shall notify the Local Sponsor of the actual costs to Local Sponsor of the Requested Services and return any unused funds in excess of actual costs. g. The Government shall amend the Contract Plans and Specifications to include the work items described in the scope of work. 2. LOCAL SPONSOR OBLIGATIONS a. The Local Sponsor shall provide advance funding in the amount of 5703,400 to the Government prior to the beginnnrg of work on the Requested Services set forth in Support Agreement 2. Invoices rendered within the cost estimated attached in Support Agreement 2 shall not be subject to audit by the Local Sponsor in advance of payment. 2 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 lin>ited by the terms and conditions set forth in Support Agreement 2. 4. MISCELLANEOUS ADMINISTRATION a. This MOA shall not affect any pre-existing or independent relationships or obligations between the Local Sponsor and the Government. If there is a conflict between this MOA and the PCA, the PCA shall control. b. Support furnished tinder this MOA shall be for the costs incurred by the Government in providing the Requested Services identified in and pursuant to the Su ort Agreement 2. c. Nothing in this MOA shall be construed to require the Local Sponsor to use the Government or to require the Government to provide arty goods or services, except as set forth in Support Agreement ?. 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 fields in excess of available appropriations. e. 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 5. SURVIVAL Robert Dimmitt, Project Manager U.S. Army Corps of Engineers Kansas City District Project Management 601 East 12th 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 of termination of this MOA shall remain in force, notwithstanding the expiration or termination of this MOA. 6. 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. 7. 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 Collowing notice, unless a later date is set forth. b. Except by prior mutual agreement, termination of this agreement 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 the agreement shall not negate or terminate any third party contracts entered into by the Government, and if such contracts are terminated for convenience as a result of such agreement, it is Lmderstood that the Local Sponsor will pay any termination costs. 8 DURATION AND EFFECTIVE DATE a. The duration of this MOA shall continue until all payment has been made by the Local Sponsor and until all Requested Services have 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 may be extended or renewed, subject to available funding, if all participants agree that there is a continuing need. c. This MOA shall become effective upon execution by both parties. 9. ATTACHMENTS The following attaclnnents are incorporated herein by reference and made a part of this MOA: Support Agreement 1- Written request for assistance from the Local Sponsor Support Agreement 2 -Specific Services to be Provided. 4 IN WITNESS WI-3EREOF, the parties hereto have executed this agreement on the day and year written below. THE iJNITED STATES OF AMERICA RIVERSIDE-QUINDARO BEND LEVEE DISTRICT OF PLATTE COUNTY, MISSOURI BY: Donald R. Curtis Jr. Colonel, Corps of Engineers District Engineer Missouri 601 East 12th Street Kansas City, Missouri 64106-2896 BY: Robert Gieseke, President Riverside-Quindaro Bend Levee District of Platte County 303 Marshall Road, Suite 1 Platte, City, Missouri 64079 Dated Dated 'r'F',t ~}(N(L ~~~~ CERTIFICATE OF AUTHORITY I do hcreby~ certify that I am the Attorney of the Local Sponsor described herein and which executed the foregoing Agreement between the United States of America and the Riverside-Quindaro Bend Levee District of Platte Cotmty, Missouri; Robert Gieseke, who executed said Agreement, is the President of the Board of Supervisors of the Local Sponsor and is duly authorized to execute said agreement on behalf of the Local Sponsor and that the signahire affixed to the subject agreement is genuine. IN WITNESS WHEREOF, I have made and executed this certification this day of , 2003. R. Michael McGinness Attorney for the 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: I. 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 malting of any Federal grant, the snaking 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 fiords 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 off cer 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 ?003. R. Michael McGiimess Attorney for the Riverside-Quindaro Levee District of Platte County, Missouri SUPPORT AGREEMENT 2 SPECIFIC SERVICES TO BE PROVIDED 1. GENERAL AND LIMITS: The Government , or its representative, shall provide the Requested Services pursuant to the terms and conditions of this Memorandum of Agreement (« MOA » ). The site is located on West Platte Road intersection of the Riverside levee at approximately Riverside Levee Sta 19+00. 2. SPECIFIC SERVICES: a. Enter into a design build arrangement with Environmental Specialists Inc to design and construct a new stoplog closure structure at approximately Sta 19+00 (and all related work) which will be located to accommodate the existing West Platte Road. This stoplog closure structure will be approximately 12.E feet high and with au opening approximately 40 feet. b. The design and construction of the new Line Creek Bridge will be by others. c. The government will modify the existing construction contract to include the work included in this support agreement. The government will provide Supervision and Admnistration Services to construct this piece of work. 2. SCHEDULE AND COST ESTIMATE a. This work will be added to the current L-38~ construction contract DACW41-G 02-0013. Negotiations to enter into a design build arrangement will begin as soon as this MOA is signed and funded. b. The following is a list of the estimated costs for the requested services: FEATURE COST 1. Coordination and Management (40 hrs) $4,000 2. Review of AE design (120 hrs) $10,800 3. Cost estimate (40 hrs) $3,600 4. Construction Administration (5.7% of const cost) $35,000 5. Construction cost of closure structure 6. Storage Building 7.. Contingency $600,000 ui~lown $50,000 8. TOTAL $703,400 + Storage Bldg. SCOPE OF WORK FOR THE DESIGN BUILD OF THE STOPLOG CLOSURE STRUCTURE. (This will be included when the scope has been finalized)