HomeMy WebLinkAbout1302 CO 11 & 12 to Agreement Between Briarcliff Realty & Goerge J. Shaw Construction BILL NO. 2014-029 ORDINANCE NO. 130 -2--,
AN ORDINANCE AUTHORIZING AND APPROVING CHANGE ORDERS 11 AND 12 TO THE
AGREEMENT BETWEEN BRIARCLIFF REALTY, LLC AND GEORGE J. SHAW
CONSTRUCTION CO., RESULTING IN AN APPROVED REVISED CONTRACT AMOUNT OF
$8,859,328.22
WHEREAS, the City and Briarcliff Realty, LLC entered into that certain Master
Development Agreement dated May 10, 2011, as subsequently amended ("MDA") to provide for
the development of an approximately 260 acre tract of land referred to in the MDA as the
Briarcliff Horizons Site; and
WHEREAS, on or about November 1, 2011, the Board of Aldermen approved for
George J. Shaw Construction Co. ("Shaw") to begin infrastructure and Phase I work on the
Briarcliff Horizons Site and on or about December 1, 2011, Developer entered into an
agreement with Shaw to perform construction services related to a portion of the Phase I
Infrastructure Improvements under the MDA 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, Briarcliff Realty, LLC assigned 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;
and
WHEREAS, on or around August 2012, Riverside Horizons, LLC assigned its rights and
obligations under Section 3 of the MDA in regard to Infrastructure Improvements to Northpoint
Development, LLC ("NorthPoint"), an affiliated entity of Riverside Horizons, LLC, pursuant to
Section 12.5(b) of the MDA; and
WHEREAS, the Board has previously approved Change Orders 1 thru 10 to the Shaw
Contract totaling an additional cost of One Million Five Hundred Twenty-Three Thousand Eight
Hundred Fifty-One and 22/100 Dollars ($1,523,851.22); and
WHEREAS, NorthPoint and Shaw request approval of, and City staff recommend and
request the Board to approve, the following Change Orders 11 and 12 to the Shaw Contract:
Change Order 11: Setting, moving, and fueling dewatering pumps at a cost of
Five Thousand Dollars ($5,000.00), as more fully detailed on Exhibit A attached
hereto and incorporated herein, to increase the overall contract total to Eight
Million Eight Hundred Fifty-Nine Thousand Three Hundred Twenty-Eight and
22/100 Dollars ($8,859,328.22); and
Change Order 12: Changes to individual line items 19 and 48 of the Shaw
Contract to correct the line item changes made after approval of Change Order 8
with no budgetary impact, as more fully detailed on Exhibit B attached hereto and
incorporated herein, to maintain the overall contract total at Eight Million Eight
Hundred Fifty-Nine Thousand Three Hundred Twenty-Eight and 22/100 Dollars
($8,859,328.22); and
WA 4981910.1
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 it to be in the best interests of the City in order
to further the objectives of industrial and economic development of the City, and the terms and
conditions of the MDA, as well as in furtherance of the objective to protect the health, safety,
and welfare of the businesses and citizens of the City, to approve Change Order 11 and
Change Order 12 to the Shaw Contract (together, the "Change Orders").
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE
CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
Section 1. CHANGE ORDERS APPROVED. In order to further the objectives of
industrial and economic development of the City, and the terms and conditions of the MDA, as
well as in furtherance of the objective to protect the health, safety, and welfare of the
businesses and citizens of the City, Change Orders 11 and 12 to the Shaw Contract, attached
hereto in Exhibit A and Exhibit B, respectively, and incorporated herein, resulting in a net
INCREASE in the Shaw Contract in the amount of Five Thousand Dollars ($5,000.00) are
hereby authorized, ratified and approved resulting in a revised contract amount of Eight Million
Eight Hundred Fifty-Nine Thousand Three Hundred Twenty-Eight and 22/100 Dollars
($8,859,328.22).
Section 2. AUTHORITY GRANTED. The City hereby authorizes the Mayor, City
Administrator, and other appropriate City officials to execute and deliver the Change Orders,
consistent with the terms of this Ordinance and Missouri law, and hereby authorizes the Mayor,
the City Administrator, Special Counsel to the City and other appropriate City officials to take
any and all actions as may be deemed necessary or convenient to carry out and comply with
the intent of this Ordinance and to execute and deliver for and on behalf of the City all
certificates, instruments, agreements and other documents, as may be necessary or convenient
to perform all matters herein authorized.
Section 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect from
and after its passage and approval.
BE IT REMEMBERED that the above was read two times by heading only, PASSED
AND APPROVED by a majority of the Board of Aldermen and APPROVED by the Mayor of the
City of Riverside, Missouri, this 151h day of April, 2014.
VaWeen L. Rose, Ma or
Robin Littre ,-Ci :Clerk
App ed as to form:
Spe r Fane Britt & Browne LLP
SpiaPpounsel to the City
by J ednar
WA 4981910.1
EXHIBIT A
CHANGE ORDER 11, COVER MEMO, AND BACKUP DOCUMENTS
WA 4981910.1
�n,CITY nP CHANGE ORDER NO. 11 Page Number. 1 of
WE0 of Pat Attached.
Contractor Name: George J. Shaw Co. Date Prepared:
Pool Name: Horizons Earthwork/Site Utilities
Pmpct Number. 607-001
contract Data: 12/012011 The following changes to the original contract amount were required to cover cost incurred by me
Protect Location: Riverside,Missouri Contractor or to reflect savings realized by the Contractor as a result of a change in the actual
constructed quantities from the estimated quantities shown on the Bid Proposal.
REQUIRED CNANGES IN PRESENT CONTRACT
Contract or Contract or Cataracta New or New or New or
Line Man No. Previous Previous Previous Unit IfC Dvcnpgon 1)Reque tedfor by City
Order(Please describe item belowmMthan
tedi wird reason for Adjusted Adjusted Adjusted
Quantity Unit Price Amount Charge Qrdw) t) Requested by City 2)Unlmown Site Candtions 3)Not Incorporated in perWspecs
Ouanfity Unit Pace Amount
Incidental material and labor for selling,moving,and fueling dewatering pumps requried to address
51 1.0 $0.00 $0.00 LS unknown site conditions 1.0 $5,000.00 $5,000.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
Previous Total $0.00 $0.00
Adjusted Total $5,000.00
Net Change $5,000.00
Statomam of contract
Original Contract Amount $7,330,477.00
Net Amount of Previous Additions and Deductions $1,523,851.22
Net Contract Amount Prior to This Request $8,854,328.22
Amount of This Request $5,000.00
New Contract Amount $8,859,328.22
Percent Change in Contact Amount 0.06%
DESIGN ENGINEER: CITY OF RIVERSIDE,MISSOURI:
comment,: City Engineer:
Name Primed; Travis Hoover &,sit are
signed: City Administrator:
Date: Greg Mils Signed Dna
CONTRACTOR: ON-SITE PROJECT MANAGER:
CONTRACTORS Certification for Change Order ONSITE PROJECT MANAGER Certification for Change Order.
The undersigned CONTRACTOR cergfies Nat aM changes In accordance wM to Conoid Odcements,Me image observations,and
described above are necessary in order for the CONTRACTOR to the dela comptlsing Nis change ander,the onsite Project manager certifies
proceed with execution of to contract EocumenN,and Mat Ne M Me Owner that to Me best dthe on-site Protect managers knawedge,
values stated above arc correct wM rasped to Ne conk information and belief Ne above referenced changes are necessary to order o
anticpated under this change order. Proceed with Ne exewtlon of the contract documents,and Mat Me values
stated above are torted win respect to Me work anticipated under Nis change order,
C.Pmy: company:
Name Printed'. Name Pmted
spree: Syed;
Data one;
CITY OF
RwER�
Upstream from ordinary.
2950 NW Vivion Road
Riverside, Missouri 64150
MEMO DATE: March 26, 2014
AGENDA DATE: April 15, 2014
TO: Mayor and Board of Aldermen
FROM: Travis Hoover
RE: Change Order 11: SHAW CONSTRUCTION
Horizons Earthwork& Site Utilities (607-001)
BACKGROUND: To begin work for the pond liner, rock walls, landscape, and irrigation, the water
ponding in the canals will need to be pumped and canals allowed to dry. Change
Order I I is for an additional $5,000 to the contract for costs incurred for
setting, moving and fueling dewatering pumps. Costs will be billed according to
the following schedule:
• Operator is $76 per hour per person. There is a four hour minimum per person.
• Machine time - $275 per hour. No minimum equipment charge.
• Diesel fueling - $4.50 per gallon. Includes cost of fuel, transportation and person fueling the pump.
• If moving pump, one (1) operator and one(I) machine will be required and billed per actual use with
corresponding minimums.
• If moving hoses, two (2) operators will be required and billed per actual use with corresponding
minimums.
• The City Engineer or his representative will be notified when the pump and hoses are going to be
moved to provide independent verification of charges (this does not include when it has to be fueled).
BUDGETARY IMPACT: An additional cost of $5,000.00 for Change Order I I will result in a total
amount of$8,859,328.22 for Shaw Construction.
Original Contract Amount $ 7,330,477.00
Total of Previous Changes $ 1,523,851.22
Total this Change Order $ 5,000.00
Current Contract Total $ 8,859,328.22
RECOMMENDATION: NorthPoint recommends approval of the resolution and acceptance of the
change order with George Shaw Construction for Horizons Earthwork& Site
Utilities. Staff recommends approval of this request.
EXHIBIT B
CHANGE ORDER 12, COVER MEMO, AND BACKUP DOCUMENTS
WA 4981910.1
CITY Of CHANGE
CHANGE ORDER NO. 12 Page Number.f of
RIVERSIDE at of Ppa� touched!
'° `---.,..a..-r-a�`a�_�,c�:v�= Contractor Name: George J. Shaw Co. Dart.
Protect Name: Honzons Earthwork/Site Utilities
Project Notnben 607-001
ctmrad Date: 12/01/2011 The following verges to the original ventrad endue were required to cover wst incurred by the
Promos Location: Riverside,Missouri Contrector or to reflect savings reale ad by the Contractor as a result of a change in ate actual
constructed quantities from the estimated quantities shoot on the Bid Proposal.
REQUIRED CHANGES IN PRESENT CONTRACT
Contract or Combed or Contract or New or New w New or
U.Item No. Previous previwe Previous Unit Il ernCh nge Order) 6 Reason res by City Order(Reese tlesdibe nem below and Men fellow van naso for
Quantity Unit Price Amwm Change Order) 1) Requested!by City 2)Unlmown Site conditions 3)Net Incorporated in gens/specs Adjusted nit Prim
tl Actuated
Ou$0. Unit Price Ampul
48 1.0 $66,802.00 $66,802.00 LS Change Order a-Geos Mhetic liner in central lake and wet and coon actetl da in the 635 lake $0.00 $0.00 $0.00
48 1.0 $0.00 $0.00 LS Change Order 8 Correction- AEGL installed geosydrefic Liner vnth no Collin en $1.00 $907396.00 $907396.00
19 1.0 $1,142,130.31 $1,142,130.31 LS Clay Liner $1.00 $301536.31 $301536.31
$0.00 $0.00
$0.00 $0.00
$0.00 $0.1113
Previous Total $1,208932.31 $0.00
Adjusted Total $1,208932.31
Net Change $0.00
statement of comma
Original Contract Amount $7,330,477.00
Net Amount of Previous Additions and Deductions $1,528,851.22
Net Contract Amount Prior to This Request $8,859,328.22
Amount of This Request $0.00
New Contras Amount $8,859,328.22
Percent Change in Contract Amount 0.00%
DESIGN ENGINEER: CITY OF RIVERSIDE,MISSOURI:
camp..m City Engineer:
Nerve P-mil TraVls Hover as.
sa,»e: City Administrator.
D. Greg Mills syma done
CONTRACTOR: ON-SITE PROJECT MANAGER:
CONTRACTORS Certification for Change Order. ONSITE PROJECT MANAGER Ceardfldaaon far Change Order:
The undowgred CONTRACTOR mortality Met A changes In accordance rtM me couraa Dacumri6,me o"te committees,and
castrated above are necessary in order Ix Me CONTRACTOR M me data cartooning mis charge xtlx,the onsite protea manager portagm
paceed ant socutaon of the contract dowmens.end May Mt M the Oemer Mm to Me beet or Me ohne on ect managers Fnomedge,
values stored above are torted eith reaped to Me wok Mfarmadon and betaef me above marooned charges are necessary in order to
andapabd under mis change enter. potent win to a[ec .m Me cornea dowmenfs,alt mat me values
armed above m err.wit reaped to Me woM o eapead under Me change wdx.
Company Campmy'.
Name p-ro Nome PnNM.
sgn.dsgmd
Data oma
CITY OF
RwER�
v� Ml�SrUft!
Upstream from ordinary.
2950 NW Vivion Road
Riverside, Missouri 64150
MEMO DATE: March 26, 2014
AGENDA DATE: April 15, 2014
TO: Mayor and Board of Aldermen
FROM: Travis Hoover
RE: Change Order 12: SHAW CONSTRUCTION
Horizons Earthwork& Site Utilities (607-001)
BACKGROUND: The original plans called for the use of a clay liner in the bottom of the lakes and
canals. A significant increase in cost would have occurred if additional
excavation for the clay liner were to continue in the wet conditions. Change
Order 8 switched most of the clay liner to a plastic liner by simply showing an
additional cost of$66,802. Change Order 12 is an accurate change to each line
item. The line item for clay liner is a deduct of$840,564 leaving an amount of
$301,536.31 for the 635 lake. The additional line item for the plastic liner is
$907,396.
BUDGETARY IMPACT: There is no budgetary impact with this change order.
Original Contract Amount $ 7,330,477.00
Total of Previous Changes $ 1,528,851.22
Total this Change Order $ 0.00
Current Contract Total $ 8,859,328.22
RECOMMENDATION: North Point recommends approval of the resolution and acceptance of the
change order with George Shaw Construction for Horizons Earthwork &Sit
Utilities. Staff recommends approval of this request.
December 12,2012
RE: Horizon's Liner Revisions
Attn:Northpoint
Total Liner Credit: $1,142,130.00
1. Clay Liner Credit: $1,142,130.00
Total ADD: $1,208,932.00
1. Add for AEGL installed geosynthetic liner(with no contingency) $907,396.00
2. Import clay 43,200CY x$6.68/CY $288,576.00
3. Increase borrow pit fee 43,200 x $0.30 $12,960.00
$1,208,932.00
Qualifications:
1. Liner installation does not include removal of snow, ice or mud. We have assumed the clay liner
will be installed while the existing subgrade is frozen to allow access with a D8. The liner can be
tracked in with the D8, but we have not carried a separate compaction component. Haul road
maintenance and bridging add allowances were not priced at the request of Northpoint.
2. AEGL requires T&M work rates for work installed after November 1, so we propose that the
geosynthetic liner be installed in the spring to avoid additional charges for decreased productions
encountered after the November 1 deadline.
3. Given the pond application for this project we cannot be responsible for any air, water, etc that
may become trapped under the geomembrane at any time daring or after the installation of the
geomembrane. A "whale" or "pillow" may occur in the liner if trapped gas and/or water is
allowed to collect under the geomembrane. GJS will not be responsible if"whales" or"pillows"
form within the pond.
4. Prevailing wages have been included in the geosynthetic liner pricing.
S. Subgrade under geosynthetic liners must support deployment equipment without rutting beyond
2"in depth.
6. GJS will provide (provided by AEGL) an industry standard one year installation warranty of the
geosynthetic liner assuming adequate subgrade conditions exist throughout the installation.
Very Truly Yours,
George A Shaw Construction Co.
Brian Rippel/Andy Nimz
Earthwork Division Estimator
1
Larissa Anderson
From: Mark Pomerenke <mpomerenke@northpointkc.com>
Sent: Monday, March 24, 2014 5:38 PM
To: Gregory Mills; Larissa Anderson
Cc: Travis Hoover; Brent Miles; Mike Duffy
Subject: Plastic v.Clay Justification
Larissa,
Andy and I put our heads together after our meeting today, and we were trying to figure out why we could find
the specific documentation on pricing the additional scope for sticking with clay liner. To fully answer that I
want to recap the issues that made sticking with clay very difficult:
Canals were excavated and as we reached depths required for clay liner we encountered very saturated soils.
Clay liner required 2' of additional excavation over plastic liner,to account for the depth of the clay material
being brought in
- Specifications for clay liner to be effective include meeting very specific compaction and moisture content
requirements
- The specifications for compaction could not be met without extraordinary measures
-The primary cause for the adverse conditions was the moisture content of in situ soils,the summer of 2012
was a drought and canal bottoms were still too wet to get compaction
-It was therefore determined that ground water conditions prevented the ability to achieve specific compaction
requirements in order for the clay liner to be an effective liner
-To remedy the situation, dewatering wells would have needed to be installed to lower the ground water level
in select areas. This is NOT the same as pumping standing water collected from precipitation events,this is a
continuous process intended to draw down the water table for extended periods to prepare and compact soils.
- Dewatering to bring down the water table, was specifically excluded in the original contract as the lump sum
bid for such services was in the$3M range for the orignal bid of the earthwork.
Therefore,while the true costs of the clay liner were relatively unknown,we had good reason to believe that
pursuing that option could have resulted in significantly larger costs and an uncertainty that the compaction
could have even been achieved. Therefore we opted to go with the more constructable and less risky option of
plastic liner which resulted in a net change of approximately$66,000.
Please let me know if this email is sufficient back up for the SOV adjustment in change order 8.
Thanks,
Mark Pomerenke I VP of Operations I NorthPoint Development
5015 NW Canal Street,Suite 200 1 Riverside,MO 64150
D:816-888-7391 C:816-797-10981 E:mark@northpointkc.com
w .beyondthecontractxom
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