HomeMy WebLinkAboutR-2025-150 Task Order 15 McClureRESOLUTION NO. R-2025-150
A RESOLUTION APPROVING TASK ORDER NUMBER 15 WITH MCCLURE
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE,
MISSOURI AS FOLLOWS:
THAT the Riverside Board of Aldermen hereby approves Task Order Number 15 by and
between the City of Riverside and McClure, in substantially the form attached hereto, and the
Mayor is authorized to execute the Task Order Number 15 on behalf of the City; and
FURTHER THAT the Mayor, the City Administrator and other appropriate City officials
are hereby authorized to take any and all actions as may be deemed necessary or convenient
to carry out and comply with the intent of this Resolution and to execute and deliver for and on
behalf of the City all certificates, instruments, agreements and other documents, as may be
necessary or convenient to perform all matters herein authorized; and
FURTHER THAT this Resolution shall be in full force and effect from and after its
passage and approval.
ADOPTED AND PASSED this 23rd day of September, 2025.
Y
Maor Kathleen L. Rose ATTEST -
Sarah
Wagner, Depri{y City Clerk 1
Task Order Number 15
For Engineering Services
This Task Order is entered into as of the 23rd da% of September. 2025 (the "Effective
Date"), by and between McClure, an Iowa corporation having an office at 1700 Swift St, Suite
100, North Kansas City, Missouri 64116 ("McClure") and the City of Riverside, Missouri, a
Missouri municipal corporation (the "City").
WHEREAS, the City has engaged McClure to provide engineering services pursuant to
the Agreement for Engineering Services dated October 6. 2020, pursuant to which the City may
task McClure to provide additional professional engineering services on a project -specific basis
by acknowledging a separate Task Order.
NOW, THEREFORE, in consideration of the promises and mutual covenants between the
parties and for other good and valuable consideration the receipt of which is acknowledged by
the parties, they agree as follows:
1. Incorporation of Base Agreement. This Task Order is subject to all terms and conditions
contained in the Agreement for Engineering Services dated October 6. 2020, that are not
inconsistent with the specific terms contained herein, and the Agreement for Engineering
Services dated October 6. 2020, between the parties is incorporated herein as if set forth in
full by this reference.
2. Scope of Services. The Scope of Services pursuant to this Task Order are as contained in
Exhibit A.
3. Term. McClure shall begin work pursuant to this Task Order No. 15 upon its Effective
Date and shall continue until the Gatewoods Flood Benching Study (538-024) and Additional
Riverway Analysis ("Project") is completed as evidenced by final acceptance of the Project
by the City.
4. Compensation. Unless compensation is set forth in this Task Order, compensation shall be
as provided in the Agreement for Engineering Services dated October 6. 2020, between the
parties. See Exhibit B for compensation schedule.
5. Project Schedule. See project schedule in Exhibit A.
2
IN WITNESS WHEREOF, the McClure and the City have executed this Agreement as of the
Effective Date.
MCCLURE: CITY OF RIVERSIDE, MISSOURI:
By: ____________________________ By: __________________________
Name:___________________________ Name: Kathleen L. Rose
Title:____________________________ Title: Mayor
Dated:__________________________ Dated:________________________
ATTEST: ____________________
Sarah Wagner, Acting City Clerk
By:___________________________
Name: Brian Koral
Title: City Administrator
Dated:________________________
Matt Eblen
Project Manager
09 / 22 / 2025
IN WITNESS WHEREOF, the McClure and the City have executed this Agreement as of the
Effective Date.
MCCLURE: CITY OF RIVERSIDE, MISSOURI:
By: By: ; UU, 2& -
Name: Name: Kathleen L. Rose
Title: Title: Mayor
Dated: Dated:
ATTEST:
Sarah W Actinlerk
a-2
Brian
Title: "Gjty Administrator
Dated:-5(
It
2
Exhibit A to Task Order 15
Scope of Services for
Gatewoods Flood Benching Survey & Additional Riverway Analysis
PROJECT DESCRIPTION
The City of Riverside desires to remove the houses from 5002 to 5034 NW Woodside Dr (within the Gatewoods
subdivision) from the 1% Floodplain as noted on FEMA Mapping. This task order provides for survey of work and
review of previously performed analysis to confirm whether a Letter of Map Amendment (LOMA) or Letter of Map
Revision (LOMR) is appropriate.
SCOPE OF SERVICES
1. Project Management - McClure will prepare monthly progress reports for City Staff.
2. Meetings/Conference Calls — McClure will participate in meetings/conferer= calls with City ofRivetside staff.
3. Survey — McClure to provide a survey of the following items (see attached survey schematic).
Topo from trail to bottom of the creek
Lowest Adjacent Grade & Lowest Opening for all homes noted (5002 — 5034 NW Woodside Dr)
Boundary, Legal Description & Exhibit for a permanent drainage easement between the trail and the
creek.
4. Review of Survey for LOMA/LOMR Com Lam& - McClure will review survey in comparison with
previously completed analysis to confirm whether a LOMA or LOMR is the best course of action to
remove the homes between 5002 & 5034 NW Woodside Dr from the floodplain.
5. Geotechnical (Terracon—Mverwav Blvd) - Terracon will provide additional global stability
analysis as requested by the United States Army Corps of Engineers (USACE) for the retaining walls
being placed along Riverway Blvd, under Highway 9 and along the Riverside-Quindaro Bend Levee.
6. Project Schedule (assuming NTP by 09/24/2025) —
Survey on or before October 17, 2025.
Review of survey by November 1, 2025.
7. Exclusions for Gatewoods Flood Benching
No Hydraulic & Hydrologic Analysis
No Design
No Construction Services
No Permit Fees
No Public outreach or public presentation work included.
10
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Wrerracon 15620 W 1131h Street
Lenexa, KS 66219
P (913) 492-7777
Terracon.corn
August 29, 2025
McClure Engineering Co
1535 SW Market Street, Suite 200
Ankeny, Iowa 50023
Attn: Scott Port, P.E.
RE: Proposal for Geotechnical Engineering Analyses Services
Flood Benching at Gatewoods
Riverway Boulevard and Missouri Highway 9
Riverside, Missouri
Terracon Proposal No. P02255275.R1
Dear Mr. Port:
We appreciate the opportunity to submit this proposal to McClure Engineering Co
McClure) to provide Geotechnical Engineering Analyses services for the referenced
project. We originally provided a Geotechnical Engineering Report (Terracon Report No.
02235326.R2, dated November 13, 2024). Since we submitted our report we were
asked to provide a global stability analysis of temporary slopes on the east and west
abutments of Missouri Highway 9 over Riverway Boulevard. We prepared and submitted
the global stability analysis report (Terracon Report No. 02235326.01, dated May 21,
2025). Following submittal of our analyses, we understand that the USACE had provided
comments on our analyses and requested that we re -run these analyses according to the
guidelines of EM 385-1-1 and OSHA. In addition, the plans had changed to remove the
need for temporary shoring which will affect our final analyses.
McClure asked us to move our previously performed services to a new contract with
McClure, which will be under McClure's contract with the City of Riverside. The below
lump sum fees include the analyses and report completed on May 2151, time for meetings
and ongoing consultation between McClure and Terracon from that time through August
26th, 2025, as well as the requested, and upcoming global stability analyses,
consultation, and summary report. We have also included a contingency to re -run the
analyses of both walls if the initial analyses are not favorable and that temporary
shoring is needed to facilitate the work.
Facilities 1 Environmental I Geotechnical I Materials
Proposal for Geotechnical Engineering Analyses Services
Flood Benching at Gatewoods I Riverside, Missouri
August 29, 2025 1 Terracon Proposal No. P02255275.R3
a irerracon
Item Lump Sum Fee
Completed Global Stability Analysis Report 02235326.01 dated May 21, 2025 $4,500
Meetings and Consultation completed between May 21 and August 26, 2025 $2,500
Requested Global Stability Analyses of 2 temporary slopes (Long-term and
Short-term loading conditions as well as a rapid drawdown condition). $12,000
Preparation of a draft report for review by the USACE
Contingency to re -run 2 temporary slopes with shoring (if initial analyses are $8,000
unfavorable or unacceptable)
Preparation of final report addressing 1 set of comments from the USACE $1,000
Project Total: $28,000
To authorize Terracon to proceed in accordance with this proposal, please sign and
return a copy of the attached Agreement for Services via email to
Sincerely,
Terracon
kevr`h I). area(;_ f
Kevin D. Friedrichs, P.E.
Senior Engineer
Jamie M. Klein, P.E.
Senior Engineer
Facilities I Environmental I Geotechnical I Materials
terra
Reference Number. P02255275
AGREEMENT FOR SERVICES
This AGREEMENT is between McClure Engineering Co ("Client") and Terracon Consultants, Inc. ("Consultant") for Services to be provided by Consultant
for Client on the Flood Benching at Gatewoods project ("Project"), as described in Consultant's Proposal dated 08/26/2025 ("Proposal"), including but not
limited to the Project Information section, unless the Project is otherwise described in Exhibit A to this Agreement (which section or Exhibit is incorporated
into this Agreement).
1. Scope of Services. The scope of Consultant's services is described in the Proposal, including but not limited to the Scope of Services section
Services'), unless Services are otherwise described in Exhibit B to this Agreement (which section or exhibit is incorporated into this Agreement).
Portions of the Services may be subcontracted. Consultant's Services do not include the investigation or detection of, nor do recommendations in
Consultant's reports address the presence or prevention of biological pollutants (e.g., mold, fungi, bacteria, viruses, or their Byproducts) or occupant
safety issues, such as vulnerability to natural disasters, terrorism, or violence. If Services include purchase of software, Client will execute a separate
software license agreement. Consultant's findings, opinions, and recommendations are based solely upon data and information obtained by and
furnished to Consultant at the time of the Services.
2. Acceptance/ Termination. Client agrees that execution of this Agreement is a material element of the consideration Consultant requires to
execute the Services, and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Client's
request, both parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement.
Additional terms and conditions may be added or changed only by written amendment to this Agreement signed by both parties. In the event Client
uses a purchase order or other form to administer this Agreement, the use of such form shall be for convenience purposes only and any additional or
conflicting terms it contains are stricken. This Agreement shall not be assigned by either party without prior written consent of the other party. Either
party may terminate this Agreement or the Services upon written notice to the other. In such case, Consultant shall be paid costs incurred and fees
earned to the date of termination plus reasonable costs of closing the Project.
3. Change Orders. Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so requests,
Consultant will return to Client a statement (or supplemental proposal) of the change setting forth an adjustment to the Services and fees for the
requested changes. Following Client's review, Client shall provide written acceptance. If Client does not follow these procedures, but instead directs,
authorizes, or permits Consultant to perform changed or additional work, the Services are changed accordingly and Consultant will be pald for this work
according to the fees stated or its current fee schedule. If project conditions change materially from those observed at the site or described to
Consultant at the time of proposal, Consultant is entitled to a change order equitably adjusting its Services and fee.
4. Compensation and Terms of Payment. Client shall pay compensation for the Services performed at the fees stated in the Proposal, including
but not limited to the Compensation section, unless fees are otherwise stated in Exhibit C to this Agreement (which section or Exhibit is incorporated
into this Agreement). If not stated in either, fees will be according to Consultant's current fee schedule. Fee schedules are valid for the calendar year in
which they are issued. Fees do not include sales tax. Client will pay applicable sales tax as required by law. Consultant may invoice Client at least
monthly and payment is due upon receipt of invoice. Client shall notify Consultant in writing, at the address below, within 15 days of the date of the
invoice if Client objects to any portion of the charges on the invoice, and shall promptly pay the undisputed portion. Client shall pay a finance fee of
1.5% per month, but not exceeding the maximum rate allowed by law, for all unpaid amounts 30 days or older. Client agrees to pay all collection -related
costs that Consultant incurs, including attorney fees. Consultant may suspend Services for lack of timely payment. It is the responsibility of Client to
determine whether federal, state, or local prevailing wage requirements apply and to notify Consultant if prevailing wages apply. If it is later determined
that prevailing wages apply, and Consultant was not previously noted by Client, Client agrees to pay the prevailing wage from that point forward, as
well as a retroactive payment adjustment to bring previously paid amounts in line with prevailing wages. Client also agrees to defend, indemnify, and
hold harmless Consultant from any alleged violations made by any governmental agency regulating prevailing wage activity for failing to pay prevailing
wages, including the payment of any fines or penalties.
5. Third Party Reliance. This Agreement and the Services provided are for Consultant and Client's sole benefit and exclusive use with no third party
beneficiaries intended_ Reliance upon the Services and any work product is limited to Client, and is not Intended for third parties other than those who
have executed Consultant's reliance agreement, subject to the prior approval of Consultant and Client.
6. LIMITATION OF LIABILITY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS
PROJECT, INCLUDING CONSULTANT'S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE
ASSOCIATED RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CONSULTANT (AND ITS
RELATED CORPORATIONS AND EMPLOYEES) TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER OF
50,000 OR CONSULTANT'S FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY
AND EXPERT FEES) ARISING OUT OF CONSULTANT'S SERVICES OR THIS AGREEMENT. PRIOR TO ACCEPTANCE OF THIS AGREEMENT
AND UPON WRITTEN REQUEST FROM CLIENT, CONSULTANT MAY NEGOTIATE A HIGHER LIMITATION FOR ADDITIONAL
CONSIDERATION IN THE FORM OF A SURCHARGE TO BE ADDED TO THE AMOUNT STATED IN THE COMPENSATION SECTION OF THE
PROPOSAL. THIS LIMITATION SHALL APPLY REGARDLESS OF AVAILABLE PROFESSIONAL LIABILITY INSURANCE COVERAGE,
CAUSE(S), OR THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIMITATION SHALL NOT
APPLY TO THE EXTENT THE DAMAGE IS PAID UNDER CONSULTANT'S COMMERCIAL GENERAL LIABILITY POLICY.
7. Indemnity/Statute of Limitations. Consultant and Client shall indemnify and hold harmless the other and their respective employees from and
against legal liability for claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are legally determined to be
caused by their negligent acts, errors, or omissions. In the event such claims, losses, damages, or expenses are legally determined to be caused by the
joint or concurrent negligence of Consultant and Client, they shall be bome by each party in proportion to its own negligence under comparative fault
principles. Neither party shall have a duty to defend the other party, and no duty to defend is hereby created by this indemnity provision and such duty
is explicitly waived under this Agreement. Causes of action arising out of Consultant's Services or this Agreement regardless of cause(s) or the theory
of liability, including negligence, indemnity or other recovery shall be deemed to have accrued and the applicable statute of limitations shall commence
to run not later than the date of Consultant's substantial completion of Services on the project.
S. Warranty. Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the
profession currently practicing under similar conditions in the same locale. EXCEPT FOR THE STANDARD OF CARE PREVIOUSLY STATED,
CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANT'S SERVICES AND
CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
9. Insurance. Consultant represents that it now carries, and will continue to carry: (i) workers' compensation insurance in accordance with the laws of
the states having jurisdiction over Consultant's employees who are engaged in the Services, and employer's liability insurance ($1,000,000); (ii)
commercial general liability insurance ($2,000,000 occ / $4,000,000 agg); (iii) automobile liability insurance ($2,000,000 B.I. and P.D. combined single
limit); (iv) umbrella liability ($5,000,000 occ / agg); and (v) professional liability insurance ($1,000,000 claim / agg). Certificates of insurance will be
provided upon request. Client and Consultant shall waive subrogation against the other party on all general liability and property coverage.
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Reference Number: P02255275
10. CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF
USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS, OR SERVICES; COST OF CAPITAL; OR FOR
ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES.
11. Dispute Resolution. Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless and
until Client has obtained the written opinion from a registered, independent, and reputable engineer, architect, or geologist that Consultant has violated
the standard of care applicable to Consultant's performance of the Services. Client shall provide this opinion to Consultant and the parties shall
endeavor to resolve the dispute within 30 days, after which Client may pursue its remedies at law. This Agreement shall be governed by and construed
according to Kansas law.
12. Subsurface Explorations. Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings, test pits, or other
exploratory services. Client understands Consultant's layout of boring and test locations is approximate and that Consultant may deviate a reasonable
distance from those locations. Consultant will take reasonable precautions to reduce damage to the site when performing Services; however, Client
accepts that invasive services such as drilling or sampling may damage or alter the site. Site restoration is not provided unless specifically included in
the Services.
13. Testing and Observations. Client understands that testing and observation are discrete sampling procedures, and that such procedures indicate
conditions only at the depths, locations, and times the procedures were performed. Consultant will provide test results and opinions based on tests and
field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive, and are conducted to
reduce - not eliminate - project risk. Client shall cause all tests and inspections of the site, materials, and Services performed by Consultant to be timely
and properly scheduled in order for the Services to be performed in accordance with the plans, specifications, contract documents, and Consultant's
recommendations. No claims for loss or damage or injury shall be brought against Consultant by Client or any third party unless all tests and
inspections have been so performed and Consultant's recommendations have been followed. Unless otherwise stated in the Proposal, Client assumes
sole responsibility for determining whether the quantity and the nature of Services ordered by Client Is adequate and sufficient for Cliienfs intended
purpose. Client is responsible (even if delegated to contractor) for requesting services, and notifying and scheduling Consultant so Consultant can
perform these Services. Consultant is not responsible for damages caused by Services not performed due to a failure to request or schedule
Consultant's Services. Consultant shall not be responsible for the quality and completeness of Client's contractor's work or their adherence to the
project documents, and Consultant's performance of testing and observation services shall not relieve Client's contractor in any way from its
responsibility for defects discovered in its work, or create a warranty or guarantee. Consultant will not supervise or direct the work performed by Client's
contractor or its subcontractors and is not responsible for their means and methods. The extension of unit prices with quantities to establish a total
estimated cost does not guarantee a maximum cost to complete the Services. The quantities, when given, are estimates based on contract documents
and schedules made available at the time of the Proposal. Since schedule, performance, production, and charges are directed and/or controlled by
others, any quantity extensions must be considered as estimated and not a guarantee of maximum cost.
14. Sample Disposition, Affected Materials, and Indemnity. Samples are consumed In testing or disposed of upon completion of the testing
procedures (unless stated otherwise In the Services). Client shall furnish or cause to be furnished to Consultant all documents and information known
or available to Client that relate to the identity, location, quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or contaminated
materials ("Affected Materials") at or near the site, and shall immediately transmit new, updated, or revised information as it becomes available. Client
agrees that Consultant is not responsible for the disposition of Affected Materials unless specifically provided in the Services, and that Client is
responsible for directing such disposition. In no event shall Consultant be required to sign a hazardous waste manifest or take title to any Affected
Materials. Client shall have the obligation to make all spill or release notifications to appropriate governmental agencies. The Client agrees that
Consultant neither created nor contributed to the creation or existence of any Affected Materials conditions at the site and Consultant shall not be responsible
for any claims, losses, or damages allegedly arising out of Consultant's performance of Services hereunder, or for any claims against Consultant as a
generator, disposer, or arranger of Affected Materials under federal, state, or local law or ordinance.
15. Ownership of Documents. Work product, such as reports, logs, data, notes, or calculations, prepared by Consultant shall remain Consultant's
property. Proprietary concepts, systems, and ideas developed during performance of the Services shall remain the sole property of Consultant. Files
shall be maintained in general accordance with Consultant's document retention policies and practices.
16. Utilities. Unless otherwise stated in the Proposal, Client shall provide the location and/or arrange for the marking of private utilities and subterranean
structures. Consultant shall take reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be
responsible for damage to subterranean structures or utilities that are not called to Consultant's attention, are not correctly marked, including by a utility
locate service, or are incorrectly shown on the plans furnished to Consultant.
17. Site Access and Safety. Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and
complete the Services and will execute any necessary site access agreement. Consultant will be responsible for supervision and site safety measures
for its own employees, but shall not be responsible for the supervision or health and safety precautions for any third parties, including Client's
contractors, subcontractors, or other parties present at the site. In addition, Consultant retains the right to stop work without penalty at any time
Consultant believes it is in the best interests of Consultant's employees or subcontractors to do so in order to reduce the risk of exposure to unsafe site
conditions_ Client agrees it will respond quickly to all requests for information made by Consultant related to Consultant's pre -task planning and risk
assessment processes.
Consultant: Terracon Consultants, Inc. Client: McClure Engineering Co
By:
kev if a TYIe#ldk Date: 8/26/2025 By: Date:
Name/Title: Kevin D Friedrichs l Project Engineer Namerritle: Scott Port
Address: 15620 W 113th St Address: 1535 SW Market Street Suite 200
Lenexa, KS 66219-5102 Ankeny, IA 50023
Phone: (913) 492-7777 Fax: Phone: (515) 293-4S18 Fax:
Email: Kevin.Friedrichs@terracon.com Email: sport@mcclurevision.com
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