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HomeMy WebLinkAbout1231 CO 2 to Agreement between Gunter Construction Co. and Northpoint Development BILL NO. 2013 -054 ORDINANCE NO. 1 31 AN ORDINANCE AUTHORIZING AND APPROVING CHANGE ORDER 2 TO THE AGREEMENT BETWEEN NORTHPOINT DEVELOPMENT, LLC, AND GUNTER CONSTRUCTION CO., RESULTING IN AN APPROVED REVISED CONTRACT AMOUNT OF $388,432.50 WHEREAS, by and through Ordinance No.'s 1168 and 1177 the City approved an Agreement between NorthPoint Development, LLC ( "NorthPoint ") and Gunter Construction Company ( "Gunter") for completion of certain public infrastructure improvements known as Horizons Phase I Landscape, Signage & Obelisk (City Project No. 607 -004) for an estimated cost of installation and construction of Three Hundred Seventy Two Thousand Eight Hundred Twenty -three Dollars and Fifty Cents ($372,823.50) (the "Agreement "); and WHEREAS, the Board has previously approved Change Order 1 to the AGREEMENT for a total net cost increase pursuant to Change Order 1 of Two Thousand One Hundred Sixty - one Dollars ($2,161.00), to increase the overall contract total to Three Hundred Seventy -four Thousand Nine Hundred Eighty -four Dollars and Fifty Cents ($374,984.50); and WHEREAS, NorthPoint and Gunter requests approval of, and City staff recommends and requests, the Board to approve, Change Order 2, attached hereto as Attachment A, and incorporated herein, to the Agreement: Change Order 2: a) Extending Project Completion Date from May 15, 2013, to December 1, 2013, due to various reasons. The delay has added One Thousand Nine Hundred Sixty -Six Dollars ($1,966.00) in costs for additional general conditions and trailer storage for material Extending Project Completion Date from May 15, 2013, to December 1, 2013; b) Added tree storage and off -site watering for harvested trees to hold for fall planting due to missing the spring planting season. Tree storage costs to be assessed at Seventeen Dollars ($17.00) per tree per month and total tree storage costs shall not exceed a total cost of Twenty Four Thousand Six Hundred Sixty -Seven Dollars ($24,667.00), actual costs will be billed and adjustment of totals will be reflected in future change orders; c) Reduction in 33 Willow Oak trees and 4 Bald Cypress trees for a reduction in cost of Thirteen Thousand One Hundred Eighty -Five Dollars ($13,185.00); For a total net cost increase pursuant to Change Order 2 of Thirteen Thousand Four Hundred Forty -Eight dollars and zero cents ($13,448.00) to increase the overall contract total to Three Hundred Eighty -Eight Thousand Four Hundred Thirty -Two Dollars and Fifty Cents ($388,432.50). 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 Order 2 to the AGREEMENT 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, fosters 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. WA 4374960.1 BILL NO. 2013 -054 ORDINANCE NO. I :3 1 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. NorthPoint and Gunter request approval of, and City staff recommend and request the Board to approve, Change Order 2 to the Agreement, attached hereto as Attachment A and incorporated herein, and the Board finds it is in the best interest of the City and that 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 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 2 as follows: a) Extending Project Completion Date from May 15, 2013, to December 1, 2013, due to various reasons. The delay has added One Thousand Nine Hundred Sixty -Six Dollars ($1,966.00) in costs for additional general conditions and trailer storage for material Extending Project Completion Date from May 15, 2013, to December 1, 2013; b) Added tree storage and off-site watering for harvested trees to hold for fall planting due to missing the spring planting season. Tree storage costs to be assessed at Seventeen Dollars ($17.00) per tree per month and total tree storage costs shall not exceed a total cost of Twenty Four Thousand Six Hundred Sixty -Seven Dollars ($24,667.00), actual costs will be billed and adjustment of totals will be reflected in future change orders; c) Reduction in 33 Willow Oak trees and 4 Bald Cypress trees for a reduction in cost of Thirteen Thousand One Hundred Eighty -Five Dollars ($13,185.00); For a total net cost increase pursuant to Change Order 2 of Thirteen Thousand Four Hundred Forty -Eight dollars and zero cents ($13,448.00) to increase the overall contract total to Three Hundred Eighty -Eight Thousand Four Hundred Thirty -Two Dollars and Fifty Cents ($388,432.50). SECTION 2. AUTHORITY TO EXECUTE. The Mayor, City Administrator and all other required city officials are authorized to execute the change orders 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) WA 4374960.1 BILL NO. 2013 -054 ORDINANCE NO. I c4 I 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. Kathleen yoo ATTEST: • • ' Robin LittreII, Ci x Clerk • • Approved as to form: S: - er Fane Britt & Browne LLP • Counsel to the City By Joe Bednar WA 4374960.1 BILL NO. 2013 -054 ORDINANCE NO. ATTACHMENT A COVER LETTER BACKUP DOCUMENTS PROVIDED BY LARISSA ANDERSON WA 4374960.1 ATTACHMENT A CITY OF e y RIVERS .., ... ,.:,: MISSOURI Upstream from ordinary. 2950 NW Vivion Road Riverside, Missouri 64150 MEMO DATE: June 26, 2013 AGENDA DATE: July 16, 2013 TO: Mayor and Board of Aldermen FROM: Travis Hoover RE: Change Order 2: GUNTER CONSTRUCTION Horizons Phase 1 — Landscape, Signage & Obelisk (607 -004) BACKGROUND: Change Order I was previously presented and approved. The items listed in Change Order 2 are as follows: • Extending Project Completion Date from May 15, 2013 to December 1, 2013 due to circumstances outside of Gunter Construction's control. The seasonally sensitive nature of some of the contract work warrants the requested time extension. The delays outside of Gunter's control have added an amount not to exceed $1,966.00 in costs for additional general conditions and trailer storage for material. • Added Tree storage and off -site watering for harvested trees to hold for fall planting due to missing the spring planting season. Tree costs will be assessed at $17/ per tree per month, some trees to be stored for 1 month, remainder at 4 months, for a lump sum total of $24,667. All planting maintenance period and warranties shall remain intact. • Reduction in trees (33 Willow Oaks and 4 Bald Cypress) in an amount of $13,185.00 where industrial building drives, not installed at time of design, have eliminated the need. Also trees along 43 and 41 past the eastern extent of current development have been eliminated as these are not trafficked streets and presence would be a hindrance to future construction. BUDGETARY IMPACT: The addition of $13,488.00 for Change Order No. 2 will result in a total amount of $388,432.50 for Gunter Construction. Original Contract Amount $ 372,823.50 Total of Previous Changes $ 2,161.00 Total this Change Order $ 13,448.00 Current Contract Total $ 388,432.50 RECOMMENDATION: NorthPoint requests approval of the ordinance and acceptance of the change order with Gunter Construction for Horizons Phase 1— Landscape, Signage & Obelisk. Staff recommends approval of this request. M $88$$8888 —� I s $ � i r�g g c� C DP � $$ e i f � t iyy��'� 1 ?A M L es t i b ?AM \ A 4 n i �s� 111 1 ! , 'Ll 1144! ! $ A L ■ [ g l y .SCE a � ° � ` € G y . i4 Rio 9 i g - i it i I F f n U i � z 11 y ii 1 ; . v -1 �2g Pc t rill! li g i £ 1 1 Ea 1 U Yf Alin" 3 B 7 G s � E =$ I e ilJ 1 a gg = ! Pu 1 R u uS 669 1 I I e 3 w e 2l $$$$$8 i3 I a 8 I .. I i ll tea ill ig S ; � M L i E I MI $ x8 p 3 01 4 E i 13 i � . p C o00o v at 1 ; `& iE \ 1111 ,# 1 i 1 Gunter Construction Company KDOT DBE State of MO WBE State of KS WBE SBA WOSB /EDWOSB June 19, 2013 Mr. Mark Pomerenke North Point Development 6300 N. Revere, Suite 225 Kansas City, MO 64151 RE: Riverside Horizons Development — Time Extension and Tree Storage Mr. Pomerenke, Gunter Construction Company contract for the Obelisk and Landscaping was to complete by May 15, 2013. For various reasons the completion has been delayed. Based upon the current project schedule we anticipate that our Items of work will not complete until November. We therefore request a contract extension to December 1, 2013. Based upon the May 15, 2013 completion 440 trees were dug and delivered to our landscape Subcontractor with their anticipation of being planted by May 1, 2012. These trees are currently being stored at their location. Per our conversations we propose that that changes be made as follows: 1. Remove the Willow Oaks from the contract (33 EA)($12,045.00 Deduction) 2. Remove 4 of the Bald Cypress Trees from the contract. ($1,140.00 Deduction) 3. Add a fee of $17.00 per tree for the period 05/15 —06 -15 (440 trees @ $17.00 = $7,480.00) 4. Add Off -Site watering of trees that will not be able to be planted until fall (337 trees @ $51.00 = $17,187.00) 5. Add GCC cost to extend contract (1 Lump Sum $1,966.00) Please contact us with any questions you may have. Sincerely, Gunter Constructlo ompany Gerry Rani PM / Estimator 510 Southwest Boulevard, Ste. A, Kansas City, KS 66103 Phone: 913.362.7844 Fax: 913.362.7845 Gunter Construction Company KDOT DBE State of MO WBE State of KS WBE SBA WOSB /EDWOSB Mr. Mark Pomerenke July 11, 2013 NorthPoint Development 6300 N. Revere, Suite 225 Kansas City, MO 64151 RE: SUBJECT GCC GCC TREE DEDUCT: DESCRIPTION QTY UNIT RATE AMOUNT Bald Cyprus 4.00 EA 285.00 1,140.00 Willow Oaks 33.00 EA 365.00 12,045.00 13,185.00 BILL FOR: Water 05/15- 06/15 440.00 EA 17.00 7,480.00 Water 3 Months 337.00 EA 51.00 17,187.00 24,667.00 NET CHANGE: 11,482.00 LUMP Add Back GCC Lost Mark -Up (Cost Of Contract Administration /General Conditions) SUM 1,966.00 GRAND TOTAL: 13,448.00 Sincerely, k Christina Gunter 510 Southwest Boulevard, Ste. A, Kansas City, KS 66103 Phone: 913.362.7844 Fax: 913.362.7845