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HomeMy WebLinkAbout1230 CO 7 Agreement Between Kissick Construction Co & Briarcliff Realty BILL NO. 2013 -053 ORDINANCE NO. 12 3 0 AN ORDINANCE AUTHORIZING AND APPROVING CHANGE ORDER 7 TO THE AGREEMENT BETWEEN BRIARCLIFF REALTY LLC AND KISSICK CONSTRUCTION CO. INC., RESULTING IN AN APPROVED REVISED CONTRACT AMOUNT OF $1,193,989.55 WHEREAS, Briarcliff Realty, LLC and the City entered into that certain Master Development Agreement dated May 10, 2011, (the "MDA "); and WHEREAS, Briarcliff Realty, LLC changed its name to BR NorthPoint, LLC and assigned all its rights and obligations under the MDA, but not its rights and obligations under the MDA First Amendment, to Briarcliff Horizons, LLC, an affiliated entity of Briarcliff Realty, LLC 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 ( "Developer "); and WHEREAS, pursuant to the MDA, Developer agreed to construct and complete certain Public Infrastructure Improvements on the Briarcliff Horizons Site, as such terms are defined in the MDA; and WHEREAS, the MDA established Infrastructure Phase 1 improvements to consist of the lakes, canals, and landscaping, and further established the cost estimate and budget for the Infrastructure Phase I Improvements to be Thirteen Million One Hundred Forty -Six Thousand Six Hundred Eighty -Three Dollars; ($13,146,683.00); and WHEREAS, on or about August 21, 2011, Developer competitively bid the Infrastructure Project as defined in the MDA and subsequently submitted its recommendation to the City to award the project known as Horizons Earthwork / Site Utilities (City Project No. 607 -001) to Kissick Construction Co., Inc. ( "Kissick "); and WHEREAS on or about November 1, 2011, the Board of Aldermen approved Kissick as the contractor to perform construction services related to the Site Utilities portion of Horizons Earthwork / Site Utilities; and WHEREAS, on or about November 15, 2011, Developer entered into an agreement with Kissick to perform construction services related to a portion of the Horizons Earthwork / Site Utilities in an amount not to exceed Nine Hundred Ninety -Two Thousand Eight Hundred Twenty -Four Dollars and Forty -Six Cents ($992,824.46) ( "Kissick Contract "); and WHEREAS, Pursuant to Section 12.5(b) of the MDA, Developer, assigned all of its duties and obligations under the MDA to construct and complete the public infrastructure and other public improvements as set forth in the MDA to NorthPoint Development LLC ( "NPD "); and WA 4375986.1 BILL NO. 2013 -053 ORDINANCE NO. R3 WHEREAS, the Board has previously approved Change Orders 1 -6 to the Kissick Contract for a total net cost INCREASE pursuant to Change Orders 1 -6 of One Hundred Seventy Nine Thousand Five Hundred Seventy -Sixty Dollars and Thirty -Nine Cents ($179,576.39), to increase the overall contract total to One Million One Hundred Seventy -Two Thousand Four Hundred Dollars and Eighty -Five Cents ($1,172,400.85); and WHEREAS, NPD and Kissick requests approval of, and City staff recommend and request the Board to approve, the following Change Order 7 attached hereto as Attachment A and incorporated herein, to the AGREEMENT: Change Order 7: a) Additional Fire Hydrants resulting in an additional cost not to exceed $11,565.00; b) Mobilize and install 3" thick cellular glass insulation with a Pittwrap jacket on approximately 60 lineal feet of 12" pipe not to exceed $8,444.00; c) Request to raise hydrants along 42nd street to accommodate adjusted road grading not to exceed $1,579.70; For a total net cost INCREASE pursuant to Change Order 7 of Twenty -One Thousand Five Hundred Eighty -Eight Dollars and Seventy Cents ($21,588.70) to increase the overall contract total to One Million One Hundred Ninety -Three Thousand Nine Hundred Eighty -Nine Dollars and Fifty -Five Cents ($1,193,989.55) for Kissick Construction; and WHEREAS, Sections 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 Change Order 7 to the Kissick Contract is 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 and otherwise is 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. BEST INTEREST OF THE CITY TO APPROVE CHANGE ORDER. NPD and Kissick request approval of, and City staff recommend and request the Board to approve, Change Order 7 to the Kissick Contract, attached hereto as Attachment A and incorporated herein, and the Board finds it is in the best interest of the City and that such approval 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 2 WA 4375986.1 BILL NO. 2013 -053 ORDINANCE NO. lc1 the City and otherwise is in the best interests of the City by furthering the health, safety, and welfare of its residents and taxpayers, to approve Change Order 7 as follows: Change Order 7: a) Additional Fire Hydrants resulting in an additional cost not to exceed $11,565.00; b) Mobilize and install 3" thick cellular glass insulation with a Pittwrap jacket on approximately 60 lineal feet of 12" pipe not to exceed $8,444.00; c) Request to raise hydrants along 42nd street to accommodate adjusted road grading not to exceed $1,579.70; For a total net cost INCREASE pursuant to Change Order 7 of Twenty -One Thousand Five Hundred Eighty -Eight Dollars and Seventy Cents ($21,588.70) to increase the overall contract total to One Million One Hundred Ninety -Three Thousand Nine Hundred Eighty Nine Dollars and Fifty -Five Cents ($1,193,989.55) for Kissick Construction. 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. (remainder of page intentionally left blank) 3 WA 4375986.1 BILL NO. 2013 -053 ORDINANCE NO. [3 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 July, 2013. Ka leen L. Rose, Mayor ATTEST: / / � Robin Littrelf City Clerk ■ Approved as to form: • • Sp �� ane Britt & Browne LLP decl; Counsel to the City Joe : ednar 4 WA 4375986.1 BILL NO. 2013 -053 ORDINANCE NO. ATTACHMENT A COVER LETTER BACKUP DOCUMENTS PROVIDED BY LARISSA ANDERSON 5 WA 4375986.1 ATTACHMENT A CITY OF RIVERS MISSOURI Upstream from ordinary. 2950 NW Vivion Road Riverside, Missouri 64150 MEMO DATE: June 10, 2013 AGENDA DATE: July 16, 2013 TO: Mayor and Board of Aldermen FROM: Travis Hoover RE: Change Order 7: KISSICK CONSTRUCTION Horizons Earthwork & Site Utilities (607 -001) BACKGROUND: Change Orders 1 -6 were previously presented and approved. These items listed in Change Order 7 consist of: • Additional Fire Hydrants per Riverside Fire Department and drawing adjustments to waterline per MAWC resulting in addition of $11,565.00 (Installation will be verified on as -built and quantity true up by MAWC who will determine amount billed based on established unit pricing) • Due to coverage requirements for MAWC, insulation is required around the water pipe at the bridge crossing. Proposal includes 60' of waterline insulation at $8,444.00 with a unit price for additional length at $121/If. • PCO #0016 to raise hydrants along 42nd street to accommodate adjusted road grading $1,579.70 BUDGETARY IMPACT: The addition of $21,588.70 for Change Order No. 7 will result in a total amount of $1,193,989.55 for Kissick Construction. Original Contract Amount $ 992,824.46 Total of Previous Changes $ 179,576.39 Total this Change Order $ 21,588.70 Current Contract Total $ 1,193,989.55 RECOMMENDATION: NorthPoint requests approval of the ordinance and acceptance of the change order with Kissick Construction for Horizons Earthwork & Site Utilities. Staff recommends approval of this request. ) � m ! ■z«-#- \ / , f� • 1 �' 2 | ;§ 1 ( |l ����� k • 9 sr • r f j /\ ^ *T 0 � � r ° a G ' { / 7/\ | h | lit ; !;! |< V ! ) /k Z ; §;! 8 / . } , . B ||\ • \ \ . . {�\ ) I / \ , ) 2 ) | ;27 § _ 1 / \ | i ! , ! . 1 11 0 fc / , } ! ) \ . § | if q } / ® 1 fI ; ; 2 | / /c | ,�, ;8 ` ` !! e / / 2 \\ 11 ! \ 7 ;.. i 5 =- r' il , gl .I 1 a } F6 |7 � \ a ` )! \!! / $ I CI }| \ g|/ !!iI a : Q / © \\ § lir t § _ , / :! g '433.3. & i• ) /5 - / M .. " § us Q lig g § § ! ! § ! 0 n ! : , ca ! { - , - - / ! 4 i. :/ ; ;; §j2 § a n f '' I\!f ` . | § {i ! ! 2. })k 2 / ; \ 2 � - ig \{\g ! _ i 2 E • § \ , EU 838 1 - I i k k� - / t !!!: ., ;. c.:` ! , ! cat ) ! )§ } !) ° | f{; E ;I :s Et ;! 2 ca r ; ..,. §! ,°! i_ :� , g Q! { S� ° co k - ` a ! / N 0 0 &0 \ .. 1 1A /!!� �\ \\\ ! S S I C K CONSTRUCTION COMPANY 1177- No.00022 June 25, 2013 Mark Pomerenkc NorthPoint Development. 6300 North Revere Drive Kansas City, MO 64151 Re: Riverside Horizons Development Waterline Changes Dear Mark: Kissick Construction Company, Inc., respectfully submits for your review and consideration our proposal in the amount of $ 32,127.00. Changes to the waterline office site per Missouri American Water drawing dated 4- 16 -13. 'Item Quantity Unit Cost - Description Unit Price 1 11.00 $ 1,785.00 $ 19,635.00 2 - 346.00 $ 53.00 ($18,338.00) 3 7.00 $ 3,855.00 $ 26,985.00 4 1.00 $ 300.00 $ 300.00 5 14.00 $ 375.00 $ 5,250.00 6 -27.00 $ 40.00 ($1,080.00) 7 _ -25.00 $ 25.00 ($625.00) We appreciate the opportunity to submit this quotation. Should you have any questions, or require additional information, please do not hesitate to contact me. Sincerely, KISSICK CONSTR CO, INC John Garvey 8131 Indiana Ave., Kansas City, MO 64132 Telephone (816)363 -5530 FAX (816) 523-1557 ,�' 8,8888 „ 888 , 88,8, _^ 88888888888 r00 » n dF 2 C 1811 888888888 8888 888888888888 € L55`.5555655h 5 PRA8888 R� x 8 _ 888888888888 �'S:55wW.,5C5h ^1 . n8 »^ a c _ t €s ' 3 c n €ELE is b O a ? Cr Riverside, Missouri Fire Department r Ac,m� 2990 NW Vivion Rd. dv)( Riverside, MO.64150 (816) 741 -1191 12 -20 -12 Missouri American Water Company RE: New Fire Hydrant placement Horizons Office Internal system phase 2, Proposed 39 /Jeff Taylor Mem. Blvd, Canal and Birch Streets To whom it may concern; Per Riverside Municipal Ordinance 1131 Bill 2012 -037 (see attached) the Fire Chief has the authority to request Fire Hydrants to be relocated and New Fire Hydrants placed. It is felt by our legal department that this ordinance meets the intent of the tariffs published with the PSC (see attached email from legal). The Riverside Fire Chief as part of the Horizons office development east project is requesting that a new Fire Hydrant's be placed at the following locations: The first hydrant shall be located as shown on the attached plans at the north end of the round -about at the entrance to the proposed Birch Street. This is where the line is shown to end presently to north. This hydrant is approximately 200 feet north from the center line of the round -about island. A second hydrant shall be located at approx. 300 feet from hydrant one. This will be on the east side at the round -about approximately 100 feet to the south of the center line of the round -about island. A third hydrant shall be located on the east side of Canal Street as shown on the present plans. This hydrant shall be approximately 250 feet from hydrant two. This hydrant will be located approximately 300 feet south of the center line of the round- about island. A fourth hydrant shall be located on the east side of Canal Street approximately 250 feet from hydrant three. This hydrant will be located approximately 500 feet south of the center line of the round -about island. A fifth hydrant shall be located on the east side of Canal Street approximately 250 feet from hydrant four. This hydrant will be located approximately 750 feet south of the center line of the round -about island. A sixth hydrant shall be located on the east / northeast side of Canal Street approximately 250 feet from hydrant five. This hydrant will be located approximately 1000 feet south of the center line of the round -about island. 816- 372 -9200 Fire Chief Fax 816 741 -0895 The main as shown on the present plans runs another approximately 125 feet from hydrant six. It can still stop at hydrant six or we can run another 125 feet and add an seventh hydrant. Special Note: All fire hydrants shall be reachable and operated from a level surface. All hydrants shall be painted yellow to help in matching the MAWC Parkville MO and Riverside MO agreed on colors scheme. Please contact me if you have questions. Respectively, Gordon Fowlston Fire Chief / Fire Marshal Riverside Fire Department 2990 NW Vivion Rd. Riverside, MO. 64150 816- 372 -9200 afowlston(cilriversidemo. com 816 - 372 -9200 Fire Chief Fax 816 741 -0895 �; ISSICK CONSTRUCTION COMPANY 1177- No.00019 May 7, 2013 Brad Raymond NorthPoint Development. 6300 North Revere Drive, Suite 225 Kansas City, MO 64151 Re: Riverside Horizons Development Bridge Insulation Dear Brad: Kissick Construction Company, Inc., respectfully submits for your review and consideration our proposal in the amount of $ 8,444.00. This proposal is provide pipe insulation on approximately 60 LF of waterline at the above referenced project. This insulation in this proposal is intended to protect the waterline from freezing in a direct bury application. Kissick Construction believes this to be the best option for this application but will not warranty or guarantee this installation from freezing. Kissick does guarantee the installation of the waterline and the waterline materials from any defects for the period of one (1) year. Item Quantity Unit Cost Description Unit Price 1 1.00 $ 8,444.00 Mobilize and install 3" thick $ 8,444.00 cellular glass insulation with a Pittwrap jacket on approximately 60 lineal feet of 12" pipe. Insulation will be installed prior to the line being installed in the ditch. 2 0.00 $ 121.00 Add price per LF of addtional $ 0.00 pipe insulation We appreciate the opportunity to submit this quotation. Should you have any questions, or require additional infomralion, please do not hesitate to contact inc. Sincerely, KISSICK CONSTRUCTION CO, INC John Garvey ..,. 8131 Indiana Ave., Kansas City, ��\IO 64132 e s Telephone (8r6) 3633530 FAX (8161 523•1557 � 3 e ■ MISS 0 U n i Missouri American Water AMERICAN WATER nz Craig Road, Suite 201 St. Louis, 140 63141 amwater.com June 24, 2013 City of Riverside, Missouri Attn: Gregory P. Mills City Administrator 2950 NW Vivian Road Riverside, MO 64150 RE: Riverside Horizons water main bridge crossing warranty Dear Mr. Mills: Per our meeting on Thursday June 20, 2013, the Developer Lay Water Main Extension Agreement states In Article 7 that the Applicant will warranty the water main Installation for one year after Final Acceptance by Missouri American Water Company (MAWC). The warranty covers all workmanship, materials and construction in accordance with plans and specifications for the installed water main facilities as approved by MAWC. The City of Riverside had expressed concern about the warranty on the water main installation against freezing of the pipeline that crossed over the culvert bridge within the development. MAWC does not consider freezing part of the warranty as long as the main was installed per plan and the manufacturer's requirements for the facilities installed are met. Our Inspector will be onsite as the Applicants contractor is installing the facilities. As long as all of the requirements of the Developer Lay Water Main Extension Agreement are met, MAWC will accept this main into our distribution system. If you have any questions, please feel free to contact me at 314- 996 -2396 Sin erely, Dave Pruitt Engineering Construction Manager MISSOURI- AMERICAN WATER COMPANY K, K PROPOSED CHANGE ORDER as MN 00016 8131 Indiana Ave Kansas City, MO 64132 ('hone: Fax: TITLE: Raise Hydrants DATE: 01/14/2013 PROJECT: Riverside Horizons Development JOB: 1177 TO: Attn: Brad Haymond CONTRACT NO: CONTRACT NorthPoint .Development 6300 North Revere Drive, Suite 225 Kansas City, MO 64151 Phone: (816) 888 -7386 Fax: RE: To: From: Number: DESCRIPTION OF PROPOSAL This proposed change order is to raise fire hydrants on 41st street due to revised street grades at STA 12 466 and STA 16 i 65. Extra work ticket attached, Hem Description Stock/( Quaptity Units Unit Price Tax Rate Tax Amount Net Amount 00001 Rick (ansler - Operator 3.0011 OR 577.7' 0orc, 3) Ol 03 1 3221 Superintendent ' 01 .1102 Kevin Car - Operator 3000 11R 372.67 0.0035 :30.00 327 &nt 00007 Mikc Pick:riq_- 1.nx,rer 3 000 OR 361 0! 0.0003 30.00 316136 00004 221 Komarstl 15011 HR 314590 0.00 30.00 52)7 011005 Small Tools 3,11(17 OK 510.00 1.0003 3000 531100 0000( Fire }lydrmm Extension - 2' 1.0(10 1,S 3295.00 0,0053 30.00 3295,111 00007 Fire Hydrant Extension -1.5' I -0011 LS 328590 090% 30.00 5245.00 00008 Valve Risers 2.000 EA 3 0.00% Sti 00 354.00 00009 Material MarLup 0 10 es 5634.00 0.00% 50.00 573.40 Unit Cost: 51,579.70 Unit 'lax: 50.00 Unit Total: $1,579.70 APPROVAL: By: By: pi (- .----/ Brad Iiavnrond John Garvey Date: Date: 1-/L1- 1013 e EXTRA WORK co - :- F " . 4 ION l PROJECT NO.. \k, TICKET NO.: DATE: \\- Vt...,- VL.. OWNER: k- \----Vv,,...\ LOCATION: kAbx-c tw,.,,s clAci vs ' ScreFc DESCRIPTION OF WORK COMPLETED: ,, t 4 0 44, a lo. * ., It, A Itkot..0 , t ,„ l ‘,„...) ( a t. - K - im \r•-.t.iX,' NtszAL.\--, Cin-A 1 ( r [ t DESCRIPTION CRAFT 1 HOURS I UNIT PRICE TOTAL ILabor - Name ST or 1 ' Gran eic'e„A < .2 svcett t,..., I A I = Ni • L ,,., 8- - t - S>ere)",.. , 4 r " S ! I I illk . .., V.,-t tst-- I , I I 1 I 1 , I Equipment 11 Tools: 2- r •I■ 1.3 1 .... . 4 al. 4 4, 4 < --d I . Materials FurnishedIgubcontractors: X--t A.,24,1‘.. 7,-.: \ "Iire - p zsis.00 i \ - '''. \ 2--34-0-0. I 2YIS. go I \IN\ .•,. A , V „: '; ..( Nret, - 1 ' 7 _ 4----M7 s• LI . oc 1 1 1 1 1 1 , , Kissie< coNsmucnirN REPRESENTATIVE OWNER REPRESENTATIVE Workspace Webmail :: Print Page I of 1 Print 1 Close Window Subject: Horizons Fire Hydrant Revisions From: gheilers @sitewerksllc.com Date: Wed, Aug 29, 2012 10:13 pm To: "John Garvey" <JGarvey @kissickco.com> John- The two fire hydrants that need to be adjusted due to the Revised 42nd Street profile are Line A 12 +66 & 16 +70: Station Original Revised 12 +66 748.10 750.08 16 +65 744.50 745.94 Greg Heilers, P.E. SiteWerks LLC P.O. Box 9983 Kansas City, MO 64134 Tel: 816 -878 -0634 gheilers©Site WerksLLC.com This e -mail and any files attached are confidential and are solely intended for the individuals or entities to whom they are addressed. If you have received this e-mail in error, any use, dissemination, forwarding, printing, or copying of this e -mail and it's contents is strictly prohibited. If you have received this e -mail in error, please reply to sender and take the steps necessary to delete this message completely from your computer. Copyright 6 2003 -2012. All rights reserved. http :Ilernail15.secureserver.net /view print _ multi. php? uidArray -33711NBOX.Sent_Items&... 11/5x2012 fn • KANSAS CITY WINWATER WORKS CO to Reorder Dial: 816-459-8600 ' 1 9n A NE 33RD TERRACE Fax: 816-A59-8622 1_V\ -• 1 KANSAS CITY, MU 64117 'to Mc:SICKCONSTRUCTION Ship To CA11 RICK WHEN IN * * * * * * * Date 11105/1? e131 INDIANA AVE 215 9635 PACKING LIST Page . 1 KANSAS CITY. PC 64132-250i * * « * * * * Time - 9.49.50 JOSTF Customer No• - 338 816-363-5530 Order No. i 113966-00 FREEDOM IS NOT FREE ASK ABOUT GDR RED FRIDAY PROMOTION Date Shipped - 11105/12 Date Ordered - 11/05/12 Date Requested - 11/05/12 Date Printed -11/ Killed riy Ordered By - RICK Oust. Order # • 1177 ynovFa -wc, Salesman # - 013 Job Name - HORIZONS PKWY Freight .00 Taken By - JF Original In Eine Extended Freight No. bt Order Shipped On 8/0 Hold UM Description/Stock Number No. Weight Class Packages 1 EA 2 KENNEDY HYDRANT EXT. KIT 1.0 (# 245 K-81 5-1/4 HYDRANT *269095934 1 1 EA 1-1/2' KENNEDY HYDRANT EXT KIT 2.0 4 K-81 5-1/4 HYDRANT *269095935 END OF PACKING LIST Wii You Igriee that the sale of these products/serviices is subje(:t to all of our standard terms and coraitiors cf sale h at 4em.wir4vtolesare.comacsale Customier Signatue: ** MATERIAL RECEIVED IN GODC CONDITIM ** .•