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HomeMy WebLinkAbout1323 CO 10 Kissick Construction Co. Horizons Earthwork / Site Utilities BILL NO. 2014-055 ORDINANCE NO. 130 AN ORDINANCE AUTHORIZING AND APPROVING CHANGE ORDER 10 TO THE KISSICK CONSTRUCTION CO., INC. CONTRACT RESULTING IN AN APPROVED REVISED CONTRACT AMOUNT OF $1,657,005.43 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 a portion of 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 1-9 to the Kissick Contract for a total net cost INCREASE pursuant to Change Orders 1-9 of Six Hundred Fifty- Nine Thousand Four Hundred Fifty-Eight Dollars and Seventy-Three Cents ($659,458.73), to I WA 5183913.1 increase the overall contract total to One Million Six Hundred Fifty-Two Thousand Two Hundred Eighty-Three Dollars and Nineteen Cents ($1,652,283.19); and WHEREAS, NPD and Kissick request approval of, and City staff recommend and request the Board to approve, the following Change Order 10 attached hereto as Attachment A and incorporated herein, to the Kissick Contract: Change Order 10: a) Addition for additional required storm pipe resulting in an increase in the contract amount of$10,549.44; b) Deduction for switching 24" storm pipe to 18" storm pipe resulting in a decrease in the contract amount of$5,827.20; For a total net cost INCREASE pursuant to Change Order 10 of Four Thousand Seven Hundred Twenty-Two Dollars and Twenty-Four Cents ($4,722.24) to increase the overall contract total to One Million Six Hundred Fifty-Seven Thousand Five Dollars and Forty-Three Cents ($1,657,005.43) 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 10 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 10 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 10, and the Board does hereby approve of Change Order 10 as follows: a) Addition for additional required storm pipe resulting in an increase in the contract amount of$10,549.44; b) Deduction for switching 24" storm pipe to 18" storm pipe resulting in a decrease in the contract amount of$5,827.20; For a total net cost INCREASE pursuant to Change Order 10 of Four Thousand Seven Hundred Twenty-Two Dollars and Twenty-Four Cents ($4,722.24) to increase the overall 2 WA 5183913.1 contract total to One Million Six Hundred Fifty-Seven Thousand Five Dollars and Forty-Three Cents ($1,657,005.43) 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. 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 3r day of June, 2014. Kathleen L. Rose, Mayor ATTEST:9 o Robin Littrell, C.ity Clerk Approved s to form: Spenc a Britt & Browne LLP Spensel to the City By Joe Bednar 3 WA 5183913.1 ATTACHMENT A COVER MEMO, CHANGE ORDER 10, AND BACKUP DOCUMENTS 4 WA 5183913.1 CITY OF RIVERS .� MISSOURI Upstream from ordinary. 2950 NW Vivion Road Riverside, Missouri 64150 MEMO DATE: May 28, 2014 AGENDA DATE: June 3, 2014 TO: Mayor and Board of Aldermen FROM: Travis Hoover RE: Change Order 10: KISSICK CONSTRUCTION Horizons Earthwork & Site Utilities (607-001) BACKGROUND: Change Orders 1-9 to the contract with Kissick were previously approved for site utility work on Horizons phase 1. Change Order 9 was recently approved and includes the sanitary sewer, storm sewer, and waterlines necessary for the extension of NW 41 st and NW 43rd Streets East approximately 1400 If each. The contents of Change Order 10 were verbally approved by staff and the BOA was informed at the May 20`" meeting. It includes additional storm pipe that was represented on the plans but not in the quantities. BUDGETARY IMPACT: The addition of $4,722.24 for Change Order No. 10 will result in a total amount of$1,657,005.43 for construction under the contract with Kissick Construction. Original Contract Amount $ 992,824.46 Total of Previous Changes $ 659,458.73 Total this Change Order $ 4,722.24 Current Contract Total $ 1,657,005.43 RECOMMENDATION: Staff recommends approval of the ordinance and acceptance of the change order with Kissick Construction for Horizons Earthwork & Site Utilities. CITY OF CHANGE ORDER NO. 10 Page Nmeer lw CRIVERSIDE ..I Pg M.GeO �- n6foal. Contractor Name: Kissick Construction ge.pnipe.. Propel None: Horizons Earthwork/Site Utilities PpNeINUTeor: 1 Co..OMs: 12/1/2011 _ The faw Ong Changes to the original contract amount vrere required m cover cost Inonred try Ne Pnjom Loutbn: Riverside,Missouri Contractor or to relied swings r"aw M the Contractor as a rewl w a change in me actwl COASINtleO quantilieS Inln ft esOmaled quantities shown on me Bid Propos& ReOUREOCNAN6Et N PRE6ENT CONTRACT Corurecl or Can4ader Canada or New or 1 New or New or Line tern No. P..Ws Previous Previe.s unit Rom Oe.plpoan aRaasN for Charge OnNr lPpaLdesU40iem Debw and Yen(rKew vAm reamnrp Dimly Unit Price Amoum Ontario*01000 1) Rpuested by CRY 21 Unknown BONN Cmettns 3)WON imoVl.' dm eansapecs Adjusted: nit PNd Atljuxmo Duan Unit Price Amoral 0900 sa sss.l+edo s..rNm Ls amm s..ww.a..w uw svd lu.wm rm wagq. $57,$95.& NOW 9 No 50.00 w.m a Too mm � t0.00 sora u _. gm Saint 50.00 1 _ Rm L8 gm sora E0.00 4e.m' v SOHO s i _ fora i _...� sem Ls m Soo' New E0.00 .. Ira mm s .00 WWI ss Ira sora so.00 NNWI u Ira so.m 1 $0.001 Rm u ._, Ira WWI so,00 fora w I loo' NW 50.001 PreVNara Toth 353.176.00 I Adjusted Total_ 567,59624 -AI Net Change 34,722,24 son...0 Co., Original Contract Amount $9$2,521.48 Net Amours of Previous Additives and Deductions 3659.45573 Net Contact Mncr nt Prior to This Repuesl $1,652,263.19 Amount of TWS Request 1472224 Nev,Contract Amount $1,657.005.43 Percen(Crange,in Contract AmW01 0.29% J DESIGN ENGINEER: CITY OF RIVERSIDE,MISSOURI: V V'rN' //,in_ ceMmny D6.$S ov 4Q Sor�-/7ra City Engineer. (�"" N.m.vnnrte �Q �T� Travis Hoover doom pNe stir..1. _� City Administrator: Milt I Y ` i7 G L WI. Grp Mills soma / ' ` W. CONTRACTOR: ONSITE PROJECT MANAGER: CONTRACTOR'S Cartincation for Chanes Order ON-SITE PROJECT MANAGER CerHBeaden for Chanes order, Ise undersigned CONTRACTOR W"wl TNI ON mfngaf m ammeuv wn me Chords 0m.meed.Pe aopb eeurvapme anti deseneed Neve an I...,m orser br M CONTRACTOR I. me me Wm no d.a rMoe miler,M o.ae Prefect maNg.r cures Or..d will,e.ecuOan ol the mMr..Oa..."malme wNOP Vol.the mi el the plgeq mfnpNi elpWdge, Wlue.she"Neova aN..win r.Wea Io m.Wdh Monnaie'/N]Www NO.e ..1114.mang...M rnIXaftrym tlEerb ..,..under Ira.cn".ager W.O.Wm me...W or w.mn"OO dolmen..We NI m.vaWNf /- / sate agar.v1 Choc.mm reaped b M wYY are.nWee yMw WS Menge.0.1 Name P..Md n G i..p .. k/ ,e S.O. sv,.:" -y KI CK PROPOSED CHANGE ORDER �p •• •.vo. 00026 8131 Indiana Ave Kansas City,MO 64132 Phone: Fax: TITLE: 24" RCP Extension-43rd Street DATE: 05/16/2014 PROJECT: Riverside Horizons Development JOB: 1177 TO: Attn: Mark Pomerenke CONTRACT NO: CONTRACT NorthPoint Development 6300 North Revere Drive Suite 225 Kansas City, MO 64151 Phone: Fax: RE: To: From: Number: DESURIPTIUN OF PROPOSAL Extend existing 24"RCP at the east end of 43rd street extension to accomodate new roundabout. Also included is the deduct for switching 480 LF of 24"RCP to 18"RCP and switching 24"End Sections to 18" End Sections. Itent ollswpdon,; stock# Quantity Unita Unit Price Tax Rate Tax Amount Net Amount 00001 24"RCP Pipe 180.000 LF $24.29 0.00% $0.00 $4,372.20 00002 Pipe Bedding 80.000 TON $17.00 0.00% $0.00 $1.360,00 00002.1 Concrete 2.000 CY $106.00 0.00% $0.00 $212.00 00003 Operator 9.000 HR $74.26 0.00% $0.00 $668.34 00004 Operator 9.000 HR $74.26 0.00% $0.00 $668.34 00005 Laborer 5.000 HR $63.50 0.00% $0.00 $317.50 00006 Laborer Foreman 9.000 HR $67.96 0.00% $0.00 $611.64 00007 PC228 9.000 HR $155.00 0.00% $0.00 $1,39500 00008 Takeuchi 250 5.000 HR $70.00 0.00% $0.00 $350.00 00009 Material Markup 0.100 % $5,944.20 0.00% $0.00 $594.42 Deduct for switching 24"to 18" 00010 RCP(24"price$24.29 LF,18" 480.000 LF ($7.64) 0.00% $0.00 ($3.667.20) price$16.65 LF) Credit for switching 24"end 00011 sections($530 EA)to 18"end 12.000 EA ($180.00) 0.00% $000 ($2.16000) sections($350 EA) Unit Cost: $4,722.24 Unit Tax: $0.00 Unit Total: $4,722.24 APPROVAL: By: By: Mark Pomerenke I John Garvey Date: Date: P".-re 6