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Home My WebLink About1324 CO 14 George J. Shaw Construction Horizons Earthwork / Site Utilities BILL NO. 2014-056 ORDINANCE NO. /Jdj AN ORDINANCE AUTHORIZING AND APPROVING CHANGE ORDER 14 TO THE GEORGE J. SHAW CONSTRUCTION CO. CONTRACT RESULTING IN AN APPROVED REVISED CONTRACT AMOUNT OF $9,768,506.22 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 George J. Shaw Construction Co. ("Shaw"); and WHEREAS, on or about November 1, 2011, the Board of Aldermen approved Shaw as the contractor to perform construction services related to the Earthwork portion of Horizons Earthwork/Site Utilities; and WHEREAS, on or about December 1, 2011, Developer entered into an agreement with Shaw to perform construction services related to a portion of the Horizons Earthwork / Site Utilities 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, 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 thru 13 to the Shaw Contract totaling an additional cost of Two Million Four Hundred Thirty-Three Thousand Twenty- Nine Dollars and Twenty-Two Cents ($2,433,029.22); and WHEREAS, NPD and Shaw request approval of, and City staff recommend and request the Board to approve, the following Change Order 14 attached hereto as Attachment A and incorporated herein, to the Shaw Contract: I WA 5189683.1 Change Order 14: Setting, moving, and fueling dewatering pumps resulting in an increase in the contract amount of$5,000; For a total net cost INCREASE pursuant to Change Order 14 of Five Thousand Dollars ($5,000.00) to increase the overall contract total to Nine Million Seven Hundred Sixty-Eight Thousand Five Hundred Six Dollars and Twenty-Two Cents ($9,768,506.22) for Shaw; and 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 Change Order 14 to the Shaw 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 Shaw request approval of, and City staff recommend and request the Board to approve, Change Order 14 to the Shaw 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 14, and the Board does hereby approve of Change Order 14 as follows: Change Order 14: Setting, moving, and fueling dewatering pumps resulting in an increase in the contract amount of$5,000; For a total net cost INCREASE pursuant to Change Order 14 of Five Thousand Dollars ($5,000.00) to increase the overall contract total to Nine Million Seven Hundred Sixty-Eight Thousand Five Hundred Six Dollars and Twenty-Two Cents ($9,768,506.22) for Shaw. 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. 2 WA 5189683.1 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 3rtl day of June, 2014. ,l AT�ES°T: Kathleen L. Rose, Mayor r' Robin Littrell, Git Clerk Approved as to form: 9 \^^\ 11 Spp cer'5ane Britt & Browne LLP SpebifflTounsel to the City by Joe Bednar 3 WA 5189683.1 ATTACHMENT A COVER MEMO, CHANGE ORDER 14, AND BACKUP DOCUMENTS 4 WA 5189683.1 CITY OF (2y RS Upstream from ordinary. 2950 NW Vivion Road Riverside, Missouri 64150 MEMO DATE: May 30, 2014 AGENDA DATE: June 3, 2014 TO: Mayor and Board of Aldermen FROM: Travis Hoover RE: Change Order 14: SHAW CONSTRUCTION Horizons Earthwork & Site Utilities (607-001) BACKGROUND: To continue work for the pond liner, rock walls, landscape, and irrigation, the water ponding in the canals is being pumped. Change Order I I was previously approved for $5,000 for costs incurred for setting, moving and fueling dewatering pumps. Change Order 14 is for an additional $5,000 to continue the pumping. Costs will continue to 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(1) 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 14 will result in a total amount of$9,768,506.22 for Shaw Construction. Original Contract Amount $ 7,330,477.00 Total of Previous Changes $ 2,433,029.22 Total this Change Order $ 5,000.00 Current Contract Total $ 9,768,506.22 RECOMMENDATION: Staff recommends approval of the resolution and acceptance of the change order with George Shaw Construction for Horizons Earthwork & Site Utilities. CITY OF CHANGE ORDER NO. 14 rma Numar. Id cR1� F oofpv, Omtl: nx.... M UIW Contractor Name: George J.Shaw Co. wl.PmpNae; P jut Namx Hon20ns EargWiR I Site Utilities PwperwnRan ceahwlwb: 12I112n11 To,town"owe"as wampnn mneanamamlwwe nqupnc cleevermal Inw+rre0 h Ne gµaa Lauma: Rlrweka.Nbwud CmWadarwio M9ttwWpamthe 0nusal quaYofasawno da Old Proin9,s aduY OensuudedgwMYtl from the es6maMd 9widitlsa shown m Na BIG OropOW. REOURO CKOAM W PfOOOTCONIRACT lNa emn Na Aksmor Pn.ima« wgrlaoCr Unit MmOaamtaads AMaaeafer CaxgeCvdar(Pines ducts Wrawwvand MnfdlbwwMreswn M Word, Nmw M or Unk ous MWQu Changs Ord"t)RpmaW by Cay 2)UMMrrtr SM CNWi 3)NO UNW,slad in pMMryem Adluwa AAYeled lusted a1 sufto aclam IS xxweL,aw bama.aaaabw oaranm rAe 316a110, $10,40rooNo so w. SO.00 m ra um to im mm S0. Pmsioua TOW $ 00 ACQtMW TOW $1 •pa NN Chen9a SaJ : 00 a ag4w COnitsaAtMuw s7,330pt77.00 NetAmount of PWOO A0d19ena and Dadudions &2.133,02922 NW CoMWAmOWt Pdorto TMe Request 99.769,606.22 Amount W This Request 55,00D.00 Nov C PMWAmoun. 99.769,&06.22 Pwant Gmn9sin Centrad AmmnL 0.05% DESIGN ENGINEER: CITY OF RIVERSIDE,MISSOURI: camxn: CLS-S0.0)E �fs City Engineer. 5.. U-) I 7mNa Hoover � ay.w. Cky Administrator. Ci1G -54' ww: Jplj({. deg Mms oxe CONTRACTOR: ON-SITE PROJECT MMAGER: CONfRACT�s9 GwIM6�gafar Chance Order ON.atTE PRMIECT MAMAWK codmasttm f9TClwMedder. 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