HomeMy WebLinkAboutR-2026-074 Approving Agreement for Engineering Services for I-635 & 9 Highway Lighting with Garver LLCRESOLUTION NO. R-2026-074
A RESOLUTION APPROVING AN AGREEMENT FOR ENGINEERING SERVICES
FOR THE 1-635 / 9 HIGHWAY INTERCHANGE LIGHTING BETWEEN THE CITY OF
RIVERSIDE MISSOURI AND GARVER, LLC
WHEREAS, the City of Riverside, Missouri, (the "City") desires to retain the
services of an engineering firm whose duties and responsibilities would include the
design and construction documents for the 635 / 9 Hwy Interchange Lighting ("project"); and
WHEREAS, Missouri law establishes a policy that selection of an engineering
firm is to be based upon competence and qualification, followed by negotiation of fair and reasonable prices; and
WHEREAS, the City issued a Request for Qualifications for Engineering Services; and
WHEREAS, the City received two (2) Statements of Qualifications in response; and
WHEREAS, Garver, LLC, ("Garver"), an Arkansas limited liability company,
submitted a Statement of Qualification; and
WHEREAS, the Community Development Director, Public Works Director, &
Capital Projects and Parks Manager, reviewed the statements and conducted interviews
with two firms and determined that Garver was qualified; and
WHEREAS, a Contract utilizing the MoDOT standard format for Engineering
Services (the "Contract") ("Attachment 1" attached hereto and incorporated herein) was
then prepared that is structured so that the base agreement provides for design through
bidding of the project, while if additional services are required, these will be authorized
in supplemental agreements which will be individually approved by the Board of
Aldermen, and they set forth specific scope of services, compensation, scheduling, and
other necessary terms as dependent upon the nature of the project and work requested ; and
WHEREAS, the staff recommends to the Board the passage and approval of this
resolution approving the Agreement and;
WHEREAS, the CONTRACT fulfills a public purpose, will further the growth of
the City, facilitate the orderly development of the City, improve the environment of the
City, foster increased economic activity within the City, increase employment
opportunities within the City, enable the City to direct development, and otherwise is in
the best interest of the City by furthering the health, safety, and welfare of its residents and taxpayers.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF
THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
RESOLUTION NO. R-2026-07 4
SECTION 1. AGREEMENTS APPROVED. It is in the best interest of the City, in
order to further the objectives of industrial and economic development of the City, and
to further the health, safety, and welfare of its residents , businesses and taxpayers to
APPROVE the Engineering Services Contract (the "Contract") ("Attachment 1" attached
hereto and incorporated herein).
SECTION 2. AUTHORITY TO EXECUTE. The Mayor, City Administrator, and all
other required city officials are authorized to execute the CONTRACT authorized herein
together with any and all documents necessary or incidental to the performance thereof
and to take such other actions as may be deemed lawful, necessary and/or convenient
to carry out and comply with the intent of this Resolution.
SECTION 3. SEVERABILITY CLAUSE. The provisions of this resolution are
severable and if any provision hereof is declared invalid, unconstitutional or
unenforceable, such determination shall not affect the validity of the remainder of this
resolution.
SECTION 4. EFFECTIVE DATE. This Resolution shall be in full force and effect
from and after the date of its passage and approval.
BE IT REMEMBERED that the above was PASSED AND APPROVED by a
majority of the Board of Aldermen and APPROVED by the Mayor of the City of
Riverside, Missouri this 16th day of June 2026.
/s/ Kathleen L. Rose
Kathleen L. Rose, Mayor
ATTEST:
/s/ Melissa McChesney
Melissa McChesney, City Clerk
ATTACHMENT 1
SPONSOR: City of Riverside
LOCATION: Route I-635 and Mo-9 Interchan ge Lighting
PROJECT: KU0488
THIS CONTRACT is between the City of Riverside, Missouri, hereinafter referred to as the "Local
Agency", and Garver, LLC, an Arkansas limited liability company having an office at 7509 NW Tiffany
Springs Parkway, Suite 200, Kansas City, MO 64153 hereinafter referred to as the "Engineer".
INASMUCH as funds have been made available by the Missouri Highways and Transportation
Commission through its Cost Share Agreement, coordinated through the Missouri Department of
Transportation, the Local Agency intends to design interchange lighting for the I-635 and Route 9
Interchange and requires professional engineering services. The Engineer will provide the Local
Agency with professional services hereinafter detailed for the planning and design of the desired
improvements and the Local Agency will pay the Engineer as provided in this contract. It is mutually agreed as follows:
ARTICLE I -SCOPE OF SERVICES
See Attachment A
ARTICLE II -DISADVANTAGED BUSINESS ENTERPRISE {DBE} REQUIREMENTS:
A. DBE Goal: The following DBE goal has been established for this Agreement. The dollar value
of services and related equipment, supplies, and materials used in furtherance thereof which is
credited toward this goal will be based on the amount actually paid to DBE firms. The goal for
the percentage of services to be awarded to DBE firms is 0% of the total Agreement dollar value.
B. DBE Participation Obtained by Engineer: The Engineer has obtained DBE participation, and
agrees to use DBE firms to complete, 0% of the total services to be performed under this
Agreement, by dollar value. The DBE firms which the Engineer shall use, and the type and
dollar value of the services each DBE will perform, is as follows:
DBE FIRM NAME, STREET AND COMPLETE MAILING ADDRESS | TYPE OF DBE SERVICE | TOTAL $ VALUE OF THE DBE SUBCONTRACT | CONTRACT $ AMOUNT TO APPLY TO TOTAL DBE1 | PERCENTAGE OF SUBCONTRACT DOLLAR VALUE APPLICABLE TO TOTAL GOAL
n/a n/a n/a n/a n/a
ARTICLE III-ADDITIONAL SERVICES
The Local Agency reserves the right to request additional work, and changed or unforeseen conditions
may require changes and work beyond the scope of this contract. In this event, a supplement to this
agreement shall be mutually executed and submitted for the approval of MoDOT prior to performing
Fig. 136.4.1 Contract Revised 05/14/2025
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the additional or changed work or incurring any additional cost thereof. Any change in compensation
will be covered in the supplement.
ARTICLE IV -RESPONSIBILITIES OF LOCAL AGENCY
The Local Agency will cooperate fully with the Engineer in the development of the project, including the following:
A. make available all information pertaining to the project which may be in the possession of the Local Agency;
B. provide the Engineer with the Local Agency's requirements for the project;
C. make provisions for the Engineer to enter upon property at the project site for the performance of his duties;
D. examine all studies and layouts developed by the Engineer, obtain reviews by MoDOT, and
render decisions thereon in a prompt manner so as not to delay the Engineer;
E. designate a Local Agency's employee to act as Local Agency's Person in Responsible Charge
under this contract, such person shall have authority to transmit instructions, interpret the Local
Agency's policies and render decisions with respect to matters covered by this agreement (see EPG 136.3);
F. perform appraisals and appraisal review, negotiate with property owners and otherwise provide
all services in connection with acquiring all right-of-way needed to construct this project.
ARTICLE V -PERIOD OF SERVICE
The Engineer will commence work within two weeks after receiving notice to proceed from the Local
Agency. The general phases of work will be completed in accordance with the following schedule:
A. PS&E Approval by MODOT shall be completed on 12/31/2026
The Local Agency will grant time extensions for delays due to unforeseeable causes beyond the control
of and without fault or negligence of the Engineer. Requests for extensions of time shall be made in
writing by the Engineer, before that phase of work is scheduled to be completed, stating fully the events
giving rise to the request and justification for the time extension requested. Notwithstanding anything
to the contrary herein, if, through no fault of the Engineer, schedule or dates are changed, or the orderly
and continuous progress of Engineer's services is impaired, or Engineer's services are delayed or
suspended, then the time for completion of Engineer's services, and the rates and amounts of Engineer's
compensation, shall be adjusted equitably.
Fig. 136.4.1 Contract Revised 05/14/2025
2
ARTICLE VI-STANDARDS
Notwithstanding anything in this Agreement to the contrary, the Engineer shall be responsible for
working with the Local Agency in determining the appropriate design parameters and construction
specifications for the project using the care and skill ordinarily exercised by members of Engineer's
profession currently practicing under similar circumstances based on the specific site conditions, Local
Agency needs, and guidance provided in the most current version of EPG 136 LPA Policy. If the
project is on the state highway system or is a bridge project, then the latest version of MoDOT's
Engineering Policy Guide (EPG) and Missouri Standard Specifications for Highway Construction shall
be used (see EPG 136.7). The project plans must also be in compliance with the latest ADA (Americans
with Disabilities Act) Regulations. Except to the extent expressly included in Attachment A, the
Engineer will not provide digital document accessibility services ( e.g., ADA-compliant deliverables,
508-compliant deliverables, WCAG-compliant deliverables, etc.).
ARTICLE VII -COMPENSATION
For services provided under this contract, the Local Agency will compensate the Engineer as follows:
A. For design services, including work through the construction contract award stage, the Local
Agency will pay the Engineer the actual costs incurred plus a predetermined fixed fee of
$25,451.07, with a ceiling established for said design services in the amount of
$293,568.84 which amount shall not be exceeded.
B. The compensation outlined above has been derived from estimates of cost which are detailed
in Attachment B. Any major changes in work, extra work, exceeding of the contract ceiling, or
change in the predetermined fixed fee will require a supplement to this contract, as covered in
Article III -ADDITIONAL SERVICES.
C. Actual costs in Section A are defined as:
1. Actual payroll salaries paid to employees for time that they are productively
engaged in work covered by this contract, plus
2. An amount calculated at 190.11 % of actual salaries in Item 1 above for payroll
additives, including payroll taxes, holiday and vacation pay, sick leave pay,
insurance benefits, retirement and incentive pay, plus
3. An amount calculated at 1.23% of actual salaries in Item 1 above for general
administrative overhead, based on the Engineer's system for allocating indirect
costs in accordance with sound accounting principles and business practice, plus
4. Other costs directly attributable to the project but not included in the above
overhead, such as vehicle mileage, meals and lodging, printing, surveying
expendables, and computer time, plus
Fig. 136.4.1 Contract Revised 05/14/2025
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5. Project costs incurred by others on a subcontract basis, said costs to be passed
through the Engineer on the basis of reasonable and actual cost as invoiced by the subcontractors.
E. The rates sho,vn for additives and overhead in Sections VII. D.2 and VII. D.3 above are the
established Engineer's overhead rate accepted at the time of contract execution and shall be
utilized throughout the life of this contract for billing purposes.
F. The payment of costs under this contract will be limited to costs which are allowable under 23 CFR 1 72 and 48 CFR 31.
G. METHOD OF PAYMENT -Partial payments for work satisfactorily completed will be made
to the Engineer upon receipt of itemized invoices by the Local Agency. Invoices will be
submitted no more frequently than once every two weeks and must be submitted monthly for
invoices greater than $10,000. A pro-rated portion of the fixed fee will be paid with each
invoice. Upon receipt of the invoice and progress report, the Local Agency will, as soon as
practical, but not later than 45 days from receipt, pay the Engineer for the services rendered,
including the proportion of the fixed fee earned as reflected by the estimate of the portion of
the services completed as shown by the progress report, less partial payments previously made.
A late payment charge of one and one half percent (1.5%) per month shall be assessed for those
invoiced amount not paid, through no fault of the Engineer, within 45 days after the Local
Agency's receipt of the Engineer's invoice. The Local Agency will not be liable for the late
payment charge on any invoice which requests payment for costs which exceed the proportion
of the maximum amount payable earned as reflected by the estimate of the portion of the
services completed, as sho\Vll by the progress report. The payment, other than the fixed fee,
will be subject to final audit of actual expenses during the period of the Agreement.
ARTICLE VIII -COVENANT AGAINST CONTINGENT FEES
The Engineer warrants that he has not employed or retained any company or person, other than a bona
fide employee working for the Engineer, to solicit or secure this agreement, and that he has not paid or
agreed to pay any company or person, other than a bona fide employee, any fee , commission,
percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the
award or making of this contract. For breach or violation of this warranty, the Local Agency shall have
the right to annul this agreement without liability, or in its discretion to deduct from the contract price
or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage
fee, gift, or contingent fee, plus reasonable attorney's fees.
ARTICLE IX -SUBLETTING, ASSIGNMENT OR TRANSFER
No portion of the work covered by this contract, except as provided herein, shall be sublet or transferred
without the written consent of the Local Agency. The subletting of the work shall in no way relieve
the Engineer of his primary responsibility for the quality and performance of the work. It is the
intention of the Engineer to engage subcontractors for the purposes of:
Fig. 136.4.1 Contract Revised 05 /14/2 025
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Sub-Consultant Name Address Services
Atlas Land Surveyin g 14500 Parallel Road, Unit R, Basehor KS 66007 Surve v &ROW
Terracon 10841 S Rid geview Road, Olathe, KS 66061 Geotechnical
ARTICLE X -PROFESSIONAL ENDORSEMENT
All plans, specifications and other documents shall be endorsed by the Engineer and shall reflect the
name and seal of the Professional Engineer endorsing the work. By signing and sealing the PS&E
submittals the Engineer of Record will be representing to MoDOT that the design is meeting the intent
of the federal aid programs.
ARTICLE XI -RETENTION OF RECORDS
The Engineer shall maintain all records, survey notes, design documents, cost and accounting records,
construction records and other records pertaining to this contract and to the project covered by this
contract, for a period of not less than three years following final payment by FHW A. Said records
shall be made available for inspection by authorized representatives of the Local Agency, MoDOT or
the federal government during regular working hours at the Engineer's place of business.
ARTICLE XII -OWNERSHIP OF DOCUMENTS
Plans, tracings, maps and specifications delivered under this contract shall be delivered to and become
the property of the Local Agency upon termination or completion of work; provided, however, that the
Engineer shall retain ownership of its underlying intellectual property, if any, such that it may continue
to perform its business in the normal course. Basic survey notes , design computations and other data
prepared under this contract shall be made available to the Local Agency upon request. All such
information produced under this contract shall be available for use by the Local Agency in accordance
with the purposes contemplated under this Agreement. If the Local Agency reuses or modifies any
deliverables, or incorporates any portion of the work into a project other than that for which it was
performed, the Local Agency shall save the Engineer harmless from any claims and liabilities resulting from such use.
ARTICLE XIII -SUSPENSION OR TERMINATION OF AGREEMENT
A. The Local Agency may, without being in breach hereof, suspend or terminate the Engineer's
services under this Agreement, or any part of them, for cause or for the convenience of the
Local Agency, upon giving to the Engineer at least fifteen (15) days' prior written notice of the
effective date thereof. The Engineer shall not accelerate performance of services during the
fifteen (15) day period without the express written request of the Local Agency.
B. Should the Agreement be suspended or terminated for the convenience of the Local Agency ,
the Local Agency will pay to the Engineer its costs as set forth in Attachment B including actual
hours expended prior to such suspension or termination and direct costs as defined in this
Agreement for services performed by the Engineer, a proportional amount of the fixed fee based
upon an estimated percentage of Agreement completion, plus reasonable costs incurred by the
Fig. 136.4.1 Contract Revised 05 /14/2025
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Engineer in suspending or terminating the services. The payment will make no other
allowances for damages or anticipated fees or profits. In the event of a suspension of the
services, the Engineer's compensation and schedule for performance of services hereunder shall
be equitably adjusted upon resumption of performance of the services.
C. The Engineer shall remain liable to the Local Agency for any claims or damages to the extent
caused by any negligent errors and/or omission in carrying out the provisions of this Agreement
during its life, including those giving rise to a termination for non-performance or breach by
Engineer. This liability shall survive and shall not be waived, or estopped by final payment under this Agreement.
D. The Engineer shall not be liable for any errors or omissions contained in deliverables which are
incomplete as a result of a suspension or termination where the Engineer is deprived of the
opportunity to complete the Engineer's services.
E. Upon the occurrence of any of the following events, the Engineer may suspend performance
hereunder by giving the Local Agency 30 days advance written notice and may continue such
suspension until the condition is satisfactorily remedied by the Local Agency. In the event the
condition is not remedied within 120 days of the Engineer's original notice, the Engineer may
terminate this agreement.
1. Receipt of written notice from the Local Agency that funds are no longer available to continue performance.
2. The Local Agency's persistent failure to make payment to the Engineer in a timely manner.
3. Any material contract breach by the Local Agency.
ARTICLE XIV -DECISIONS UNDER THIS CONTRACT
The Local Agency wil I determine the acceptability of work performed under this contract in accordance
with the industry standard of care, and will decide all questions which may arise concerning the project.
The Local Agency's decision shall be final and conclusive.
ARTICLE XV -SUCCESSORS AND ASSIGNS
The Local Agency and the Engineer agree that this contract and all contracts entered into under the
provisions of this contract shall be binding upon the parties hereto and their successors and assigns.
ARTICLE XVI -COMPLIANCE WITH LAWS
The Engineer shall comply with all federal, state, and local laws, ordinances, and regulations applicable
to the work, including but not limited to Title VI and Title VII of the Civil Rights Act of 1964, as
amended (42 U.S.C. 2000d, 2000e), as well as with any applicable titles of the Americans with
Fig. 136.4.1 Contract Revised 05/14/2025
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Disabilities Act (42 U.S.C. 12101, et seq.) and non-discrimination clauses incorporated herein, and
shall procure all licenses and permits necessary for the fulfillment of obligations under this contract.
ARTICLE XVII -RESPONSIBILITY FOR CLAIMS AND LIABILITY
The Engineer agrees to save harmless the Local Agency, Mo DOT and FHW A from all claims and
liability due to his negligent acts or the negligent acts of his employees, agents or subcontractors.
ARTICLE XVIII -NONDISCRIMINATION
The Engineer, with regard to the work performed by it after award and prior to completion of the
contract work, will not discriminate on the ground of race, religion, sex, sexual orientation, gender
identity, color, national origin, age, or disability in the selection and retention of subcontractors. The
Engineer will comply with state and federal statutes and regulations related to nondiscrimination,
including but not limited to Title VI and Title VII of the Civil Rights Act of 1964, as amended ( 42
U.S.C. 2000d, 2000e), as well as with any applicable titles of the Americans with Disabilities Act (42
U.S.C. 12101, et seq.). More specifically, the Engineer will comply with the regulations of the
Department of Transportation relative to nondiscrimination in federally assisted programs of the
Department of Transportation, as contained in 49 CFR 21 through Appendix Hand 23 CFR 710.405
which are herein incorporated by reference and made a part of this contract. In all solicitations either
by competitive bidding or negotiation made by the Engineer for work to be performed under a
subcontract, including procurements of materials or equipment, each potential subcontractor or supplier
shall be notified by the Engineer's obligations under this contract and the regulations relative to non-
discrimination on the ground of race, religion, sex, sexual orientation, gender identity, color, national
origin, age, or disability. The Engineer shall provide all information and reports, and permit access to
its records, as determined by the Department of Transportation to be necessary to ascertain compliance
with this section. If the Engineer fails to comply with this section, the Local Agency may withhold
payments under the Agreement or cancel, terminate, or suspend the Agreement.
ARTICLE XIX -LOBBY CERTIFICATION
CERTIFICATION ON LOBBYING: Since federal funds are being used for this agreement, the
Engineer's signature on this agreement constitutes the execution of all certifications on lobbying which
are required by 49 C.F.R. Part 20 including Appendix A and B to Part 20. Engineer agrees to abide by
all certification or disclosure requirements in 49 C.F.R. Part 20 which are incorporated herein by
reference.
ARTICLE XX -INSURANCE
A. The Engineer shall maintain commercial general liability, automobile liability, and worker's
compensation and employer's liability insurance in full force and effect to protect the Engineer
from claims under Worker's Compensation Acts, claims for damages for personal injury or
death, and for damages to property arising from the negligent acts, errors, or omissions of the
Engineer and its employees, agents, and Subconsultants in the performance of the services
covered by this Agreement, including, without limitation, risks insured against in commercial
general liability policies.
Fig. 136.4.1 Contract Revised 05/14/2025
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B. The Engineer shall also maintain professional liability insurance to protect the Engineer against
the negligent acts, errors, or omissions of the Engineer and those for whom it is legally
responsible, arising out of the performance of professional services under this Agreement.
C. The Engineer's insurance coverage shall be for not less than the following limits of liability:
1. Commercial General Liability: $1,000,000 per person up to $3,000,000 per occurrence;
2. Automobile Liability: $1,000,000 per person up to $3,000,000 per occurrence;
3. Worker's Compensation in accordance with the statutory limits; and Employer's Liability: $1,000,000; and
4. Professional ("Errors and Omissions") Liability: $1,000,000, each claim
and $2,000,000 annual aggregate.
D. The Engineer shall, upon request at any time, provide the Local Agency with certificates of
insurance evidencing the Engineer's commercial general or professional liability ("Errors and
Omissions") policies and evidencing that they and all other required insurance are in effect as
to the services under this Agreement.
E. Any insurance policy required as specified in (ARTICLE XX) shall be written by a company
which is incorporated in the United States of America or is based in the United States of
America. Each insurance policy must be issued by a company authorized to issue such
insurance in the State of Missouri.
ARTICLE XXI -ATTACHMENTS
The following exhibits are attached hereto and are hereby made part of this contract:
Attachment A -Scope of Service
Attachment B -Estimate of Cost
Attachment C -Certification Regarding Debarment, Suspension, and Other
Responsibility Matters -Primary Covered Transactions.
Attachment D -Certification Regarding Debarment, Suspension, and Ineligibility and
Voluntary Exclusion -Lower Tier Covered Transactions.
Attachment E-DBE Contract Provisions
Attachment F-Fig. 136.4.15 Conflict oflnterest Disclosure Form
Fig. 136.4.1 Contract Revised 05/14/2025
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Executed by the Engineer this 12th day of June, 2026.
Executed by the City this 16th day of June, 2026.
FOR: RIVERSIDE, MISSOURI
City of Riverside
BY: /s/ Kathy Rose
Mayor Kathy Rose
ATTEST: /s/ Melissa McChesney
Melissa McChesney, City Clerk
FOR: Garver, LLC
Garver
By: /s/ Frank O. McIllwain
Senior Vice President Frank O. McIllwain
ATTEST: /s/ Mackenzie Milburn
Mackenzie S. Milburn, Project Manager
Fig. 136.4.1 Contract Revised 05/14/2025
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