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Home My WebLink About1333 CO 15 George J. Shaw Construction Co. BILL NO. 2014-067 ORDINANCE NO. /333 AN ORDINANCE AUTHORIZING AND APPROVING CHANGE ORDER 15 TO THE GEORGE J. SHAW CONSTRUCTION CO. CONTRACT RESULTING IN AN APPROVED REVISED CONTRACT AMOUNT OF $9,798,506.22 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 14 to the Shaw Contract totaling an additional cost of Two Million Four Hundred Thirty-Eight Thousand Twenty- Nine Dollars and Twenty-Two Cents ($2,438,029.22); and WHEREAS, NPD and Shaw request approval of, and City staff recommend and request the Board to approve, the following Change Order 15 attached hereto as Attachment A and incorporated herein, to the Shaw Contract: 1 WA 55728102 Change Order 15: Upon receiving prior approval from the City Administrator or the City Administrator's designee in each instance, Shaw may set, move, and fuel dewatering pumps, and may incur dewatering pump rental fees, in an amount not to exceed $30,000 (exclusive of any amounts for such activities previously approved in the Shaw Contract or any change order thereto); For a total net cost INCREASE pursuant to Change Order 15 of Thirty Thousand Dollars ($30,000.00) to increase the overall contract total to Nine Million Seven Hundred Ninety-Eight Thousand Five Hundred Six Dollars and Twenty-Two Cents ($9,798,506.22) 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 15 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 15 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 15, and the Board does hereby approve of Change Order 15 as follows: Change Order 15: Upon receiving prior approval from the City Administrator or the City Administrator's designee in each instance, Shaw may set, move, and fuel dewatering pumps, and may incur dewatering pump rental fees, in an amount not to exceed $30,000 (exclusive of any amounts for such activities previously approved in the Shaw Contract or any change order thereto); For a total net cost INCREASE pursuant to Change Order 15 of Thirty Thousand Dollars ($30,000.00) to increase the overall contract total to Nine Million Seven Hundred Ninety-Eight Thousand Five Hundred Six Dollars and Twenty-Two Cents ($9,798,506.22) for Shaw. SECTION 2. AUTHORITY TO EXECUTE. The Mayor, City Administrator and all other required city officials are authorized to execute the change order authorized herein, together with any and all documents necessary or incidental to the performance thereof, and to take such other actions and/or execute and deliver for and on behalf of the City all certificates, instruments, agreements and other documents as may be deemed necessary or convenient to carry out and comply with the intent of this Ordinance. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after the date of its passage and approval. 2 WA 5572810.2 BE IT REMEMBERED that the above was PASSED AND APPROVED by a majority of the Board of Aldermen, and APPROVED by the Mayor of the City of Riverside, Missouri, this 1$'day of July, 2014. ''1l /I � U� U -Lt—'.J ATTEST: Kdthleen L. Rose, Mayor Robin Littrell, City Clerk Approved as to form: SpqKcer ane Britt & Browne LLP Sp cial Co nsel to the City by J nar 3 WA 5572810.2 ATTACHMENT A COVER MEMO, CHANGE ORDER 15, AND BACKUP DOCUMENTS 4 WA 55728101 CITY OF 4� RIVERSI_QF� Upstream from ordinary. 2950 NW Vivion Road Riverside, Missouri 64150 MEMO DATE: June 24, 2014 AGENDA DATE: July I, 2014 TO: Mayor and Board of Aldermen FROM: Travis Hoover RE: Change Order 15: 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 Orders I I & 14 were previously approved for a total of$10,000 for costs incurred for setting, moving, fueling dewatering pumps, and any pump rental fee. Change Order 15 is for an additional $30,000 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(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). • Upon receiving prior approval from the City Administrator or the City Administrator's designee in each instance, Shaw may set, move, and fuel dewatering pumps, and may incur dewatering pump rental fees, in an amount not to exceed $30,000 (exclusive of any amounts for such activities previously approved in the Shaw Contract or any change order thereto). BUDGETARY IMPACT: An additional cost of $30,000.00 for Change Order 15 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 $ 2,438,029.22 Total this Change Order $ 30,000.00 Current Contract Total $ 9,798,506.22 RECOMMENDATION: Staff recommends approval of the resolution and acceptance of the change order with George Shaw Construction for Horizons Earthwork & Site Utilities. arty OF CHANGE ORDER NO. is PpCNyeOK+a RNaolPN Aa.drd: __... Contractor Name: George J.Shaw Co. D,r P wplmC. 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