HomeMy WebLinkAbout1197 CO 1 and 2 - Pro Electric and CO 7 - Shaw ConstructionBILL NO. 2013 - 020 ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE FOLLOWING INFRASTRUCTURE CHANGES IN
PHASE I OF THE HORIZONS EAST INFRASTRUCTURE PROJECT BY APPROVING
CHANGE ORDERS 1 AND 2 TO THE AGREEMENT BY AND BETWEEN NORTHPOINT
DEVELOPMENT, LLC AND PRO ELECTRIC L.C. FOR HORIZONS PHASE 1- ELECTRICAL
PROJECT RESULTING IN AN APPROVED REVISED CONTRACT AMOUNT OF
$430,876.25; AND FURTHER APPROVING CHANGE ORDERS 7 TO THE AGREEMENT
BETWEEN BRIARCLIFF REALTY, LLC AND GEORGE J. SHAW CONSTRUCTION CO.,
RESULTING IN AN APPROVED REVISED CONTRACT AMOUNT OF $9,062,387.97
WHEREAS, the City and Briarcliff Realty LLC ( "Developer") previously entered into the
Original Master Development Agreement on May 10, 2011 as subsequently amended, ( "MDA ")
to provide for the development of an approximately 260 acre tract of land known as the Briarcliff
Horizons Site and the parties desire to provide for the construction of additional public
infrastructure by the City.
WHEREAS, Briarcliff Realty assigned its rights and obligations under the MDA to
Briarcliff Horizons, LLC, an affiliated entity of Briarcliff Realty pursuant to Section 12.5(b) of the
MDA; and
WHEREAS, on or about February 13, 2012 Briarcliff Horizons, LLC filed articles of
amendment with the Missouri Secretary of State changing its name to Riverside Horizons, LLC;
and
WHEREAS, Riverside Horizons, LLC assigned its rights and obligations under Section 3
of the MDA in regard to Horizons Phase I Infrastructure to NorthPoint Development LLC
( "NorthPoint), an affiliated entity of Riverside Horizons LLC, pursuant to Section 12.5(b) of the
MDA; and
WHEREAS, the City consented to an Agreement between NorthPoint and Pro Electric
L.C. pursuant to Ordinance No. 1145 to satisfy the requirements of Horizons Phase I Electrical
Project in the amount of $667,204.00 ( "Electric Contract'), and
WHEREAS, in regard to Change Order #1 (Attachment A) of the Electric Contract, it has
been determined that the street lighting scope of work contained within the contract at a cost of
Three Hundred Thirty Six Thousand Nine Hundred Twelve Dollars $336,912.00 is no longer
required but a restocking fee of Eleven Thousand Five Hundred Sixty Dollars and Twenty -five
Cents ($11,560.25) is required due to the removal of the street lighting scope of work from the
contract is required, that results in a net savings to the City of Three Hundred Twenty -five
Thousand Three Hundred Fifty -one Dollars and Seventy -five Cents. ($325,351.75); and
WHEREAS, in regard to Change Order #2 (Attachment B) of the Electric Contract, it has
been determined that Overtime charges were necessary due to the time constraints on getting
the duct bank installed across Linden Road so the asphalt crews could pave the roads prior to
winter conditions arriving and causing further delays in the amount of Two Thousand Six
Hundred Dollars ($2,600.00); and
WHEREAS, in regard to Change Order #2 of the Electric Contract the following increase
in costs also were incurred as delineated below:
a) Install primary duct bank to Industrial Spec #2 Building lot Thirty Five Thousand
One Hundred Eighty -eight Dollars ($35,188.00);
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BILL NO. 2013 - 020 ORDINANCE NO. 1127
b) Future utility sleeves at 41s 42 43` and Linden Road Twenty One Thousand
Four Hundred Ninety Six Dollars ($21,496.00);
C) Added conduit runs at office park per KCPL design Twenty -eight Thousand Two
Hundred Seventy -two Dollars ($28,272.00);
d) 41 Street crossing set sectionalizer and connect conduit for power to the site
One Thousand Four Hundred Sixty -eight Dollars ($1,468.00);
For a total additional cost of Eighty Nine Thousand Twenty -four Dollars.
WHEREAS, the change orders requested pursuant to the Horizons Phase I Electrical
Contract represent a savings of Two Hundred Thirty -six Thousand Three Hundred Twenty
Seven Dollars and Seventy -five Cents ($236,327.75); and
WHEREAS, on or about November 1, 2011, the Board of Aldermen approved for
George J. Shaw ( "Shaw ") to begin infrastructure and Phase I work on the Horizons
Development Project and on or about December 1, 2011 Developer entered into an agreement
with Shaw to perform construction services related to a portion of the Infrastructure Phase 1 in
an amount not to exceed Seven Million Three Hundred Thirty Thousand Four Hundred Seventy -
seven Dollars ($7,330,477.00) ( "Shaw Contract'); and
WHEREAS, the Board has previously approved Change Orders 1 thru 6 to the Shaw
Contract totaling an additional cost of One Million Six Hundred Thirty -one Thousand Two
Hundred Sixty -eight Dollars and Thirty -nine Cents ($1,631,268.39); and
WHEREAS, NorthPoint and Shaw have determined, and City staff have approved, and
all three desire and request the Board to approve, the following further Change Order 7
(Attachment C) to the Shaw Contract:
Change Order 7:
a) Placing needed fills on 43`' street to lift station beyond Phase I limits at a cost of
Seven Thousand Six Hundred Twenty -six Dollars ($7,626.00);
b) Dewatering of central lake and canals. UGS pumps were down and rental pumps
were brought in at a cost of Two Thousand Six Hundred One Dollars Twenty -one Cents
($2,601.21);
C) Removing saturated material from Lakes and canals above moisture content
limits at a cost of One Hundred Seventy Five Thousand Seven Hundred Ninety -six Dollars and
Ninety -seven cents ($175,796.97);
d) Removing buried debris discovered in East 635 canal at a cost of Four Thousand
Two Hundred Fifty -nine Dollars and Forty Cents ($4,259.40);
e) Line item #16: Deduct remaining erosion control scope of work from contract, at
a cost of One Hundred Fifty -five Thousand Three Hundred Sixty Dollars and Thirty -seven Cents
($155,360.37);
f) Work pertaining to permitting erosion control, and maintaining entrance to site
used for clay material at a cost of Fifteen Thousand Eight Hundred Thirty Four Dollars and
Thirty -seven Cents ($15,834.37);
g) Placing and compacting imported material for second 280,000 sf pad. Part of the
$600,000.00 added scope, at a cost of Forty Nine Thousand Nine Hundred Eighty Five Dollars
($49,985.00);
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BILL NO. 2013 - 020
ORDINANCE NO. JL 9 7
for a total net cost increase pursuant to Change Order 7 of One Hundred Thousand
Seven Hundred Forty -two Dollars and Fifty -eight Cents ($100,742.58) to increase the overall
contract total to Nine Million Sixty -two Thousand Three Hundred Eighty Seven Dollars and
Ninety -seven Cents ($9,062,387.97).
WHEREAS, Section 5.5 and 5.6 of the MDA require City approval for all change orders
to the Infrastructure Construction Documents; and
WHEREAS, the Board of Aldermen find that the Change Orders to the Pro Electric
Contract and the Change Orders to the Shaw Contract are in the best interest of the City in that
such action fulfills a public purpose and will further the growth of the City, facilitate the
development of the entire Horizons site, improve the environment of the City, foster
increased economic activity within the City, increase employment opportunities within
the City, enable the City to direct the development of the Horizons site, and otherwise
be in the best interests of the City by furthering the health, safety, and welfare of its
residents and taxpayers.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE
CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
SECTION 1. APPROVAL OF CHANGE ORDERS Change Orders 1 and 2 to the
Agreement entered into by and between the City, NorthPoint Development and Pro Electric,
L.C. resulting in a net DECREASE of $236,327.75 and a revised contract amount of
$341,852.25 is hereby authorized, ratified and approved; FURTHER, Change Order 7 to the
Agreement entered into by between Briarcliff Realty LLC and Shaw Electric, and assigned by
Briarcliff Realty LLC to NorthPoint, resulting in a net INCREASE in the amount of One Hundred
Thousand Seven Hundred Forty -two Dollars and Fifty -eight Cents ($100,742.58) are hereby
authorized, ratified and approved resulting in a revised contract amount of Nine Million Sixty -two
Thousand Three Hundred Eighty Seven Dollars and Ninety -seven Cents ($9,062,387.97).
SECTION 2. AUTHORITY TO EXECUTE. The Mayor, City Administrator and all other
required city officials are authorized to execute the change order authorized herein together with
any and all documents necessary or incidental to the performance thereof and to take such
other actions and /or execute and deliver for and on behalf of the City all certificates,
instruments, agreements and other documents as may be deemed necessary or convenient to
carry out and comply with the intent of this Ordinance.
SECTION 3. SEVERABILITY CLAUSE The provisions of this ordinance 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 ordinance.
SECTION 4. EFFECTIVE DATE This Ordinance shall be in full force and effect from
and after the date of its passage and approval.
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BILL NO. 2013 - 020
BE IT REMEMB
the Board of Aldermen,
day of April, 2013.
ORDINANCE NO. _ . L3 1Z
ERED that the above was PASSED AND APPROVED by a majority of
and APPROVED by the Mayor of the City of Riverside, Missouri, this
ATTEST:
"21
Robin Littrell, ty: Cterk
A
EMMA
Approved as to form:
Spencer Fane Britt & Browne LLP
Special Counsel to the City
By Chad Lamer
WA 4176814.1