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HomeMy WebLinkAbout2002-025 - Approval of the Levee Project Concrete BettermentBILL NO.~~~~~.~ ORDINANCE NO. °~~~~~~ AN ORDINANCE APPROVING THE LEVEE PROJECT CONCRETF, BETTERMENT, THE PAYMENT OF THE COSTS OF THE CONCRETE BETTERMENT AND THE MEMORANDUM OF AGREEMENT RELATING THERETO; AND AUHTORIZING AND APPROVING DOCUMENTS AND ACTIONS RELATED THERETO. WHEREAS, the Levee Project is necessary for the protection of the health, welfare and safery of the City; and WHEREAS, the Government and the Levee District entered into a Project Cooperation Agreement dated September 23,1997 (`PCA") for the consn~uction of the Levee Project; and WHEREAS, under the PCA, the Levee District is solely responsible for all costs of betterments; and WHEREAS, the City desires that color and texture be added ~o certain concrete work and anti graffiti protection be added to the floodwalls as betterments ("Concrete Betterment"); and WHEREAS, the Government requires that the Levee District enter into a Memorandum of Agreement ("MOA") with respect ro the Concrete Betterment and the Levee District is willing ~o enter into the MOA if the City agrees to pay all costs associated with the Concrete Betterment under the MOA, NOW, '1HF,REFORE, BE IT ORllAINED by the Board of Aldermen of the City of Riverside, Missouri; Section 1. The City agrees to pay the costs of the Concrete Betterment which betterment is described in further detail on Exhibit~to the MOA. C_ Section 2. The MOA, in substantially the form attached as Exhibit A, is approved. Section 3. The Mayor, City Clerk and other officers are authorized and directed to perform all acts and execute all documents necessary or desirable to effectuate the intent of this Ordinance and the obligations of the City to pay all costs associated with the Concrete Betterment. Section 4. This Ordinance shall be in full force and effect from and after its passage and approval. ADOPTEll this ~ ~ ~ ~~day of February, 2002. i ,. - ~ ' ~ MAYOR PRO TEM RAY BEARD ATTE~`l~: ~ /~ ~' ~. / ii C ; ~/; CI Y CLERK MEMORANDUM OF AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND THE RIVERSIDE-QUINDARO BEND LEVEE DISTRICT OF PLATTE COUNTY MISSOURI FOR REIMBURSABLE 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 purpose of establishing a mutual framework governing the respective responsibilities of the parties for the provision of Government betterments. 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"d 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, Article II.b. of the PCA provides that the Local Sponsor may request the Government to accomplish betterments. The Local Sponsor shall be solely responsible for all costs due to the requested betterments and shall pay all such costs in advance of the Government incurring any financial obligation associated with performing the additional work required for the betterments; and WHEREAS, the Local Sponsor has made a written request, a copy of which is attached as Exhibit A, for the Government to perform certain betterments, including certain work relating to the Argosy bump-out levee realignment as set forth in the attached Exhibit B ("Bump-out Betterment"), and adding color and texture to certain concrete work and adding anti graffiti protection to the floodwalls as set forth in the attached Exhibit C ("Concrete Betterment"); and WHEREAS, the Government may perform work for others using contributed funds under the provisions of 10 U.S.C. §3036(d) and Engineering 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 Government; and WHEREAS, an agreement on the scope of work and responsibilities of each party regazding work and services to be performed is required before Contract Plans and Specifications can be amended; and WHEREAS, the Local Sponsor shall contribute funds to cover costs associated with the Government's work and services set forth in Exhibits B and C which aze performed pursuant to this Agreement. 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 Exhibits B and C, which are made a part of this MOA. b. The Government shall establish a separate funded work item for (1) the Bump-Out Betterment, and (2) the Concrete Betterment; each as further identified in the scope of work included in this MOA. Both labor and construction work associated with the accomplishment of (i) the Bump-Out Betterment as further detailed in Exhibit B will be charged directly to the Bump-Out Betterment funded work item; and (ii) the Concrete Betterment as further detailed in Exhibit C will be charged directly to the Concrete Betterment funded work item. c. The Government shall conduct monthly reviews of its actual costs incurred in providing the requested support to ascertain if the actual costs approximate estimated costs. Such review shall be prepared sepazately for the Bump-Out Betterment and the Concrete Betterment. d. The Government shall provide the Local Sponsor with an accounting of all expended funds for the Bump-Out Betterment and for the Concrete Betterment. 2 e. Upon completion of the Bump-out Betterment work and the Concrete Betterment work, the Government shall notify the Local Sponsor of the actual costs of each such Betterment and return any unused funds in excess of the actual costs of such Betterment. £ 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 for the Bump-Out Betterment and for the Concrete Betterment to the Government. Such funding must be provided prior to the Government beginning work on the applicable betterments. Bills rendered shall not be subject to audit in advance of payment. With the exception of the construction costs, the Government shall not exceed the estimated costs set forth in Exhibits B and C. b. The Local Sponsor agrees to fulfill the requirements ofnon-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 Bump-Out Betterment and access to and from the foregoing. ii. Hold and save the Government free from damages due to the construction of the Bump-Out Betterment and the Concrete Betterment, except where damages are due to the fault or negligence of the Government or its contractors. 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 Bump-Out Betterment or the Concrete Betterment 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. 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 Goverrunent under and pursuant to the PCA. 4. MISCELLANEOUS 3 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 Exhibits B and 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 Robert Dimmitt, Project Manager U.S. Army Corps of Engineers Kansas City District Project Management 601 East 12`h Street Kansas City, MO 64106-2896 Telephone: (816) 858-2630 FAX: (816) 431-5086 6. SURVIVAL 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 4 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 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 payment has been made by the Local Sponsor and until all betterment 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 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 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" -Government Scope of Work for Bump-Out Betterment EXHIBIT "C"-Government Scope of Work for Concrete Betterment 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 BY: Robert Gieseke, President Riverside-Quindaro Bend Levee District of Platte County Missouri 303 Marshall Road, Suite 1 Platte, City, Missouri 64079 Dated CERTIFICATE OF AUTHORITY I do hereby certify that I am the Attorney of the Local Sponsor described in and which executed the foregoing Agreement between the United States of America and the Riverside-Quindaro Bend Levee District of Platte County, 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 signature affixed to the subject agreement is genuine. IN WITNESS WHEREOF, I have made and executed this certification this day of 2002. R. Michael McGinness Attorney for the Riverside-Quindaro Bend Levee District of Platte County, Missouri 6 C/G~7!G. ~ C'. c~ L C / ~ ~ / 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 2002. R. Michael McGinness Attorney for the Riverside-Quindaro Levee District of Platte County, Missouri 7 EXHIBIT B SPECIFIC SERVICES TO BE PROVIDED BUMP-OUT BETTERMENT 1. GENERAL AND LIMITS: The Government shall perform the work and services required for coordination, amendments to plans, and review of the levee realignment between Approximate Stations 179+40 and Station 201 +00 requested by Missouri Gaming Company ("Argosy") to accommodate the expansion of the Argosy Complex to be constructed by Argosy which request was approved by the Local Sponsor (subject to Government review and comment) and forwarded to 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 Argosy Complex 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 betterments, and therefore the Government will not be responsible for analyses and design for the Argosy Complex. The Government shall provide review services of analyses and designs by others of applicable proposed levee realignment. Only features within the critical area which affect the L-385 flood control project will be subject to Government review. For this location, the critical area will be defined from 300 feet riverward to 500 feet landward of the centerline of the proposed L-385 revised levee centerline between the previously mentioned stations. The Bump-Out Betterment includes review of the proposed realigmnent since the Government had already completed the design of the base project. It also includes work items which are in excess of those included in the base project, such as Gatewell #4. However, it does not include work items which were included in the base project or which are the functional equivalent of work items included in the base project and such functionally equivalent items aze required for the levee. 2. SPECIFIC SERVICES: The following aze the specific services to be provided to the Local Sponsor 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, participating in teleconference calls. b. Technical Review: Complete technical review of the submittals and offer comments to ensure compatibility with levee design criteria and the L-385 project. Government costs for technical review aze based on no more than two submittals. Additional submissions beyond two will incur additional costs that will be bore by the Local Sponsor. Cost associated with construction delays or s impact resulting from more than two submissions will also be a Local Sponsor cost. The Government and the Local Sponsor agree that Argosy 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 the floodway or the L-385 levee, any structures or I-Walls, 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 or I-Walls, 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 effect the L-385 Levee Project. (iv) The scope includes reviewing analysis and plans and specifications of additional features requested by Argosy impacting interior drainage and drainage structures through the Bump-Out Betterment. (v) The scope includes reviewing all construction sequencing and construction restrictions proposed by Argosy in connection with work items which were not a part of the base project or the functional equivalent of an item which was a part of the base project. c. Project Plans: Incorporate final approved design into the L-385 project plans and specifications. It will be noted in the plans and specifications which portion of the construction work is to be done by Argosy (or its contractor) and which portion is to be done by the L-385 construction contractor. d. Construction Estimate: Prepare the cost estimate of the construction effort on the revised levee alignment of work planned to be included as part of the L-385 construction and include in the bid sheet as separate line items and provide the procedure for determination of actual Local Sponsor cost which procedure must be agreeable to both the Government and the Local Sponsor. e. Construction of the levee realignment: The Bump-Out Betterment will be constructed as part of the Construction Contract. Abase project cost for the "as designed alignment" work will be determined and the cost for the revised alignment work will be determined. The Local Sponsor will be responsible for paying the difference in cost between the work required under the base project and the work 9 required under the revised alignment. Any additional costs to administer the contract caused by this additional work will be billed to this MOA and will be kept separated from the agreed to cost in this MOA. 3. SPECIAL CONSIDERATIONS & COST ESTIMATE: a. The Government shall document their efforts through correspondence and memorandums. Copies of the correspondence and memorandums will be provided to the Local Sponsor. b. The Government and the Local Sponsor agree that all design submittals will be from Argosy and that all coordination associated with preparation and/or submission of the design documents will be primarily with Argosy. c. 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 their review purposes. If additional copies are needed for the Government review, a request will be provided to the Local Sponsor and Argosy within two working days of receipt of the original submittal. d. At the conclusion of each of the reviews, the Government will provide written comments or correspondence stating that there were no additional comments to Argosy and to the Local Sponsor. e. 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 (such as the City of Riverside) will not be included within or as a part of this MOA. f. Any Bump-Out Betterment funding not used for services under this Exhibit B shall be returned following completion of the Bump-Out Betterment. 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. 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. to 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. j. The following is a list of the estimated cost to the sponsor for the specified services: FEATURE COST 1. Coordination and Management (40 hrs) $2,800 2 Incorporation into L-385 P&S (480hrs) $33,600 3. Cost Estimate and Bid Arrangemen ts (40 hrs) $4,000 4. Engineering During Construction 60 hrs $4,200 5. Construction Administrative costs (180 hrs) $13,500 6. Reproduction $500 7. Construction cost (to be determined) Gatewell 4a 100% of line item Gatewe114 modifications % of line item Levee Embankment CY SUBTOTAL $58,600. CONTINGENCY (20%) 12,000 TOTAL $70,600 tt EXHIBIT C SPECIFIC SERVICES TO BE PROVIDED CONCRETE BETTERMENT 1. GENERAL AND LIMITS: The Government shall perform all work and services required for coordination, review shop drawings and to prepare plans and specifications to incorporate the addition of texture and color to the concrete and to include anti-graffiti proof protection to the floodwalls of structures at locations shown and stated below; a. The QO Stoplog Gap on both riverside and landside of floodwalls. (Textured, Color &Anti-graffiti proof) b. The Q3A Stoplog Gap on both riverside and landside of floodwalls. (Textured, Color &Anti-graffiti proof) c. The R1A Stoplog Gap on the riverside of floodwalls only. (Textured, Color & Anti-graffiti proof) d. The R2 Rolling Gate on both riverside and landside of floodwalls. (Textured, Color &Anti-graffiti proof) e. The Riverside Floodwall both sides of wall. (Anti-graffiti Proof only) 2. SPECIFIC SERVICES: The following are specific services to be provided to the Local Sponsor 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: (i) Prepare plans layout for specific details requirements that the contractor will have to prepare shop drawings to layout his design of the walls to be textured, colored and anti-graffiti proofed. (ii) Prepare the architectural specifications for specific details requirements to be added to the cast in place concrete that the contractor will have to prepare for the walls to be textured, colored and anti-graffiti proofed. d. Technical Review: Review of Shop drawings submitted by the Contractor of the walls to be textured, colored and anti-graffiti proofed, during construction and the Government will review and approve same. 12 e. Construction Estimate: Preparation of a M-CASES cost estimate of the addition of texture, color and anti-graffiti-proof to the walls, for Bidding the L-385 Levee Project. 3. SPECIAL CONSIDERATIONS & COST ESTIMATE: a. The Government shall document their efforts through correspondence and memorandums. Copies of the correspondence and memorandums will be provided to the Local Sponsor. b. 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. c. 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. d. The following is a list of the estimated cost to the Local Sponsor for the specified services: FEATURE 1. Coordination and Management (16 hrs) 2. Preparation of Plans and Specs (80 hrs) 3. Cost Estimate and Bid Arrangements (20 hrs) 4. Construction Administrative costs (100 hrs) 5. Reproduction 6. Construction cost (to be determined) a) Color of bid item b) Texture to Concrete COST $1,120 $5,600 $2,000 $7,000 $350 Lump Sum Negotiated 13 of bid item c) Anti-Graffiti of bid item SUBTOTAL CONTINGENCY (20%) TOTAL $16,070 $3,214 $19,284 14