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HomeMy WebLinkAbout1265 CO 8 Kissick Construction Horizons Earthwork & Site Utilities BILL NO. 2013 -090 ORDINANCE NO. / AN ORDINANCE AUTHORIZING AND APPROVING CHANGE ORDER 8 TO THE KISSICK CONSTRUCTION CO., INC. CONTRACT RESULTING IN AN APPROVED REVISED CONTRACT AMOUNT OF $1,168,401.19 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 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, on or around August 1, 2012, 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 ") pursuant to Section 12.5(b) of the MDA; and WHEREAS, the Board has previously approved Change Orders 1 -7 to the Kissick Contract for a total net cost INCREASE pursuant to Change Orders 1 -7 of Two Hundred One Thousand One Hundred Sixty -Five Dollars and Nine Cents ($201,165.09), to increase the WA 4666485.1 overall contract total to One Million One Hundred Ninety -Three Thousand Nine Hundred Eighty - Nine Dollars and Fifty -Five Cents ($1,193,989.55); and WHEREAS, NPD and Kissick request approval of, and City staff recommend and request the Board to approve, the following Change Order 8 attached hereto as Attachment A and incorporated herein, to the Kissick Contract: Change Order 8: a) Deduct for waterline bends at the fire hydrant assemblies resulting in a decrease in the contract amount of $9,100; b) Deduct for methods of installation at Spec II sanitary sewer resulting in a decrease in the contract amount of $16,488.36; For a total net cost DECREASE pursuant to Change Order 8 of Twenty -Five Thousand Five Hundred Eighty -Eight Dollars and Thirty -Six Cents ($25,588.36) to decrease the overall contract total to One Million One Hundred Sixty -Eight Thousand Four Hundred One Dollars and Nineteen Cents ($1,168,401.19) for Kissick; 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 8 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 8 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 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 8, and the Board does hereby approve of Change Order 8 as follows: a) Deduct for waterline bends at the fire hydrant assemblies resulting in a decrease in the contract amount of $9,100; b) Deduct for methods of installation at Spec II sanitary sewer resulting in a decrease in the contract amount of $16,488.36; For a total net cost DECREASE pursuant to Change Order 8 of Twenty -Five Thousand Five Hundred Eighty -Eight Dollars and Thirty -Six Cents ($25,588.36) to decrease the overall 2 WA 4666485.1 contract total to One Million One Hundred Sixty -Eight Thousand Four Hundred One Dollars and Nineteen Cents ($1,168,401.19) for Kissick. 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. 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 / day of November, 2013. . a leen L. Rose, Mayor • ATTEST: c__k_ 4A(� Robin Littrell, ity 2 Clerk Ap•roved as to form: Spe 7 Fane Britt & Browne LLP Spe'unsel to the City By Jo- e 3 WA 4666485.1 ATTACHMENT A COVER MEMO BACKUP DOCUMENTS 4 WA 4666485.1 ATTACHMENT A CITY OF IY ; RS- MISSOURI Upstream from ordinary. 2950 NW Vivion Road Riverside, Missouri 64150 MEMO DATE: November 8, 2013 AGENDA DATE: November 18, 2013 TO: Mayor and Board of Aldermen FROM: Travis Hoover RE: Change Order 8: KISSICK CONSTRUCTION Horizons Earthwork & Site Utilities (607 -001) BACKGROUND: Change Orders 1 -7 were previously presented and approved. Change Order 8 is a true up of line items for work under the Kissick Contract. The items listed in Change Order 8 consist of: • Deduct for waterline bends at the Fire Hydrant Assemblies — ($9,100) • Deduct for methods of installation at Spec 11 Sanitary Sewer — ($16,488.36) BUDGETARY IMPACT: The deduct of ($25,588.36) for Change Order No. 8 will result in a total amount of $1,168,401.19 for Kissick Construction. Original Contract Amount $ 992,824.46 Total of Previous Changes $ 201,165.09 Total this Change Order ($ 25,588.36) Current Contract Total $ 1,168,401.19 RECOMMENDATION: Staff recommends approval of the ordinance and acceptance of the change order with Kissick Construction for Horizons Earthwork & Site Utilities. John Garve From: John Garvey Sent: Tuesday, March 26, 2013 10:22 AM To: brad@northpointkc.com Cc: Jinn Kissick (JKissick ©kissickco.com); Dennis Richardson (DRichardson@kissickco,com) Subject: Horizons Spec ll Sewer Brad, The sewer breakout is as follows; Proposal $174,320.00 Deduct - $16,488:36 New Price $157,831.64 The deduct represents what we did not use out of the money we had in the number for shoring. Give me a call if you have any questions. Thanks, John Garvey Project Engineer 8131 Indiana Avenue Kansas City, Missouri 64132 Phone: (816) 363 - 5530 Fax: (816) 523 -1557 Cell: (816) 365.3321 1 CITY Of CHANGE ORDER NO. 8 Page Number: I of of Pge Attached: R a HUMOUR, Contractor Name: Kissick Construction Company, Inc Dale Prepared: fl f 7/ Project Name: Horizons Earthwork / Site Utilities Project Number: 607 -001 Contract Dale: 12/10011 Thefollovdng changes to the original contract amount were required to cover cost Incurred by Project location: Riverside, Missouri the Contractor or lo reflect savings realized by the Contractor as a result of a change In the actual constructed quantities from the estimated quantities shown on the Rid Proposal. REOURIEO CHANGES IN Meant CONTRACT Confect or Contract or Contract or Item Description b Reason for Charge Oder (Plebes deedbe nem below and men follow with reason New or New or New or Una Rem No. Previous Previous Previous Unit for Change Order) 1) Requested by City 2) Unknown Slte Condlons 3) Not Incorporated in Adjusted Adjusted Adjusted Quantity Unk Price Amount y/ plans/epees Quantity Unit Price Amount 2Ho k 1 IirISSGtci1"J if°.00 LS (ire &host /15ten bl credit for Waterline Bends All 2 - -7. -' 1.00 - 59,44606) 40.400.001 F 2914S4 "o 0 72 0 2 1 fleri Wee 'gtr.% L5 Shoring Credit for Spec II aerator/Le frrlbron SISTAII . 64'" 10 ' too 4Sssriaaa34t Stuhulagaiyfsy, Of. I' 4 $0.00 4 440- aataaflea9' useeses. 50.00 50.00 50.00 $0.00 Previous Total 1211) Adjusted Total (S7ap1 °Q *)0jf7`1 (LA/ Net Charge (EUardaa.9e1 ( Statement Of Coetrect Original Contract Amount S952.824.40 Net Amount of Previous Additions and Deductions sms.weetr Net Contract Amount Prior to This Request $1,193,989.55 /.rjS �,rce.34i M Amount of This Request ffel 9a:aB)• New Contract Amount 44:53M;199.4T' f 1 ! 68 0 j A Percent Change M Contract Amount 4.11896„ 2 ,1 i z DESIGN ENGINEER: CITY OF RIVERSIDE, MISSOURI: �/A o Cameanr. City Engineer. vtd/' r l �- ��I3 iy.140.....k:c4 Name Signet I _ _ Travis City Administrator: / /2 �5 sgrc s tor: Date: Greg Mills .. r` s• • CONTRACTOR: ON -SITE PROJECT MANAGER: CONTRACTOR'S Certification for Chance Order: ON -SITE PROJECT MANAGER Certification for Chance Oder; The undersigned CONTRACTCP senates Mat 119 changes In accordance with the Contract Documents, the ensile observation. od described above are necessaryln order tor ea CONTRACTOR to the data comprising this change or der, the on protect manager census proceed xidn execution of the centring d lanes . and had the to ere Omerltat to me beet of the Orwae anJect mangers Nwaledge, vases stated above we correct wah respect rut» work Information and belief the above referenced changes are necessaryIn order to anticipated ender this change order. proceed .aa the execulion of the cmbactrlp:umfnts, and bet the vases /- / J.Tr . CO, stated above are collect with m th rasped the work artld ander g Mschnge order. coronary: !f T '53rj o51(.."-ter. C Camels. /Vii d t A /"O.SF{ - tr/Ct dgtte l Nome Palled. (((//// t/ o1rn p 'nit✓, Name Allied: MgIfC I Date: 0..t4' /3 D+ 03