HomeMy WebLinkAbout1412 CO 17 George J. Shaw Construction Co. BILL NO. 2015-037 ORDINANCE NO. &a'
AN ORDINANCE AUTHORIZING AND APPROVING CHANGE ORDER 17 TO THE
AGREEMENT BETWEEN BRIARCLIFF REALTY, LLC AND GEORGE J. SHAW
CONSTRUCTION CO., RESULTING IN AN APPROVED REVISED CONTRACT AMOUNT OF
$10,628,930.22
WHEREAS, Briarcliff Realty, LLC, a Missouri limited liability company ("Briarcliff Realty")
and the City entered into that certain Master Development Agreement dated May 10, 2011
("MDA") through which the City assigned to Briarcliff Realty the rights, title, interest, duties and
obligations as Developer pursuant to the MDA; and
WHEREAS, pursuant to said MDA, the City desires to develop approximately 260 acres
of Riverside Horizons generally bounded by Horizons Parkway on the west, Interstate 635 on
the south and east, and the BNSF railroad line on the north ('Riverside Horizons Site"); and
WHEREAS, Briarcliff Realty on or about October 11, 2011 assigned all of its rights, title,
interest, duties and obligations under the MDA, but not its rights and obligations under the MDA
First Amendment, to Briarcliff Horizons, LLC, ("BH") an affiliated entity of Briarcliff Realty,
pursuant to Section 12.5(b) of the MDA; and
WHEREAS, on or about February 13, 2012, BH filed articles of amendment with the
Missouri Secretary of State changing its name to Riverside Horizons, LLC ("RH"); and
WHEREAS, on or around August 2012, RH assigned its rights, title, interest, duties and
obligations under Section 3 of the MDA in regard to Infrastructure Improvements to Northpoint
Development, LLC, a Missouri limited liability company ("NP Development') an affiliated entity of
Riverside Horizons, LLC, pursuant to Section 12.5(b) of the MDA; and
WHEREAS, pursuant to Section 7.5(a) of the MDA, RH on or about April 17, 2015
provided the City with a Notice of Intent to Purchase, stating its intent to purchase certain
property in the Riverside Horizons Site ("Sale Property') in order to construct a Project on a
portion of the Mortgaged Property ("Closing Notice'), attached hereto as Exhibit A and
incorporated herein; and
WHEREAS, RH, pursuant to said Notice, intends to assign its rights pursuant to the
MDA to develop the Sale Property to Horizons V who intends to construct a 491,448 square foot
industrial distribution warehouse ("Development'); and
WHEREAS, the City desires to encourage the beneficial and orderly development of the
same; and
WHEREAS, NorthPoint Holdings, LLC, a Missouri limited liability company ("NP
Holdings'), is the sole member and manager of NP Development, is a member of Horizons V,
and has been appointed as the Development Manager of the Project pursuant to that certain
Development Agreement between NP Holdings and Horizons V; and
WHEREAS, pursuant to the MDA, the City agrees to incur specified costs to prepare the
property for the Development; and
WHEREAS, in order for the Site and areas around the Site to be developed, the City is
providing certain public infrastructure improvements, including but not limited to: (1) the
WA 5112311.1
construction of Helena Road and 41st Street; (2) sanitation systems and stormwater systems;
and (3) water systems, natural gas, electric and telecommunication lines, and street lights; and
WHEREAS, additional public improvements including, but not limited to: (1) site grading
and fill and (2) site demolition, excavation and grading ("Additional Public Infrastructure') are
also needed for the completed construction and use of the Site; and
WHEREAS, in order for vertical construction to be commenced on the site, a Change
Order to the Shaw Contract entered into pursuant to the MDA for Horizons V Site, Demolition,
Excavation & Grading Scope of Work ("Change Order 17"), attached hereto as Exhibit C and
incorporated herein, is required; and
WHEREAS, Horizons V, in consideration for the City directing the IDA to sell the Site to
the City and that the City subsequently sells the Site to RH for the Sale Price, has agreed to
participate with the City in the costs of providing the necessary Additional Public Infrastructure
for the Site; and
WHEREAS, based on the Project design and construction specifications, the anticipated
cost of providing the Additional Public Infrastructure is Eight Hundred Thousand Four Hundred
Twenty-four and 00/100 Dollars ($800,424.00), which shall be funded by Horizons V ("Private
Funds') of which no more than Four Hundred Thousand and 00/100 ($400,000.00) shall be
reimbursed by the City to Horizons V and only after the City, as confirmed by the Finance
Director and determined by the Board of Aldermen by and through written Resolution, receives
into its Treasury the PILOTS paid by Horizons V; and
WHEREAS, the City staff recommends the City enter into an agreement with Horizons V
to establish the funding sources, including an escrow process for the Private Funds to fund the
Additional Public Infrastructure costs whereby Horizons V shall cause to be deposited into an
account within the City Treasury designated by the Finance Director Eight Hundred Thousand
Four Hundred Twenty-four and 00/100 Dollars ($800,424.00) as a condition precedent to the
issuance of Notice to Proceed on the Additional Public Infrastructure by the City Administrator;
and
WHEREAS, the City staff, RH, Northpoint Development and Horizons V, LLC request
the Board to authorize the City to enter into the Lot 6 Additional Public Infrastructure Project
Reimbursement and Escrow Agreement ("Reimbursement and Escrow Agreement"), attached
hereto as Exhibit B, and incorporated herein, and to further require the execution
Reimbursement and Escrow Agreement as a condition of the Board of Aldermen's approval of
their additional request for approval of Shaw Change Order 17; and
WHEREAS, on or about November 1, 2011, the Board of Aldermen approved for
George J. Shaw Construction Co. ("Shaw") to begin Phase I infrastructure work on the Riverside
Horizons Site and on or about December 1, 2011, Shaw agreed to perform construction
services related to a portion of the MDA Phase I Infrastructure Improvements 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, the Board has previously approved Change Orders 1 thru 16 to the Shaw
Contract totaling an additional cost of Two Million Four Hundred Ninety-Eight Thousand Twenty-
Nine and 22/100 Dollars ($2,498,029.22); and
WA 5112311.1
WHEREAS, NorthPoint and Shaw request approval of, and City staff recommend and
request the Board to approve Change Order 17 to the Shaw Contract: for a total net cost
INCREASE pursuant to Change Order 17 of Eight Hundred Thousand Four Hundred Twenty-
four and 00/100 Dollars ($800,424.00), as more fully detailed within Exhibit C, to increase the
overall contract total to Ten Million Six Hundred Twenty-Eight Thousand Nine Hundred Thirty
and 22/100 Dollars ($10,628,930.22); 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 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 17 to the Shaw
Contract but said approval is conditioned upon execution of the Reimbursement and Escrow
Agreement by the necessary parties prior to execution of, and Notice to Proceed on Change
Order 17.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE
CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
Section 1. CHANGE ORDER 17 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 Order 17 to the Shaw Contract, attached hereto in
Exhibit A, and incorporated herein, resulting in a net INCREASE in the Shaw Contract in the
amount of Eight Hundred Thousand Four Hundred Twenty-four and 00/100 Dollars
($800,424.00), is hereby authorized and approved upon execution of the Reimbursement and
Escrow Agreement by the necessary parties prior to execution of, and issuance of the Notice to
Proceed by the City Administrator on Change Order 17. Said Change Order shall, result in a
revised contract amount of Ten Million Six Hundred Twenty-Eight Thousand Nine Hundred
Thirty and 22/100 Dollars ($10,628,930.22).
Section 2. AUTHORITY GRANTED. The City hereby authorizes the Mayor, City
Administrator, and other appropriate City officials to execute and deliver the Reimbursement
and Escrow Agreement and Change Order 17 to the Shaw Contract, 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.
WA 5112311.1
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_La 'day of May, 2015.
katWeen L. Rose, Mayor
ATTEST•°
Robin Littrell, City erk
Appreved as to form:
Sp c Fane Britt & Browne LLP
Specla Counsel to the City
by Joe Bednar
WA 5112311.1
LOT 6 ADDITIONAL PUBLIC INFRASTRUCTURE PROJECT REIMBURSEMENT AND ESCROW AGREEMENT
THIS LOT 6 ADDITIONAL PUBLIC INFRASTRUCTURE PROJECT FUNDING REIMBURSEMENT AND
ESCROW AGREEMENT ("Reimbursement and Escrow Agreement") is voluntarily made and entered into
this 14th day of May, 2015, by and between the CITY OF RIVERSIDE, MISSOURI, a city and political
subdivision duly organized and existing under the Constitution and laws of the State of Missouri ("City"),
and HORIZONS INDUSTRIAL V, LLC,a Delaware limited liability company("Horizons V").
RECITALS:
WHEREAS, the Industrial Development Authority of the City of Riverside, Missouri ('IDA"),
issued its Industrial Development Revenue Bonds (Riverside, Horizons Infrastructure Project — City of
Riverside, Missouri),Series 2007 in the principal amount of$40,265,000("Bonds");and
WHEREAS, the City, the IDA, and UMB Bank, N.A.; entered into that certain Financing and
Cooperation Agreement dated as of May 1,2007 relating to the Bonds("Financing Agreement");and
WHEREAS, the Financing Agreement requires that the IDA, upon direction of the City transfer
and sell the Mortgaged Property, as defined in the Financing Agreement, in whole or in part, in one or
more transactions;and
WHEREAS, Briarcliff Realty, LLC, a Missouri limited liability company("Briarcliff Realty"), and the
City entered into that certain Master Development Agreement dated May 10, 2011 ("MDA") which
provides for the terms and conditions upon which Briarcliff Realty may purchase a portion of the
Mortgaged Property from the City;and
WHEREAS, Briarcliff Realty assigned all of 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("RH");and
WHEREAS, on or about August 17, 2012, RH assigned its rights, title, interest, duties and
obligations regarding infrastructure under the MDA to an affiliate, Northpoint Development, LLC, a
Missouri limited liability company("NP Development"); and
1199V1061C1TY/9097449;2 V WA6929141.1
WHEREAS, NorthPoint Holdings, LLC, a Missouri limited liability company("NP Holdings"), is the
sole member and manager of NP Development, is a member of Horizons V, and has been appointed as
the Development Manager of the Project pursuant to that certain Development Agreement between NP
Holdings and Horizons V; and
WHEREAS, RH on or about April 17, 2015 provided the City with a Notice of Intent to Purchase,
pursuant to Section 7.5(a) of the MDA, stating its notice of intent to purchase certain property in the
Riverside Horizons Site in order to construct a Project on a portion of the Mortgaged Property
("Notice"),attached hereto as Exhibit A; and
WHEREAS, the IDA owns the land identified for purchase in the Notice for the Project, Lot 6,
Riverside Horizons Industrial V East, Second Plat, ("Site"), described in the attached Exhibit B, and the
City desires to encourage the beneficial and orderly development of the same;
WHEREAS,in order to accommodate the Project,the City desires to authorize and direct the IDA
to sell the Site and transfer it to the City by way of a Special Warranty Deed, the form of which is
attached hereto as Exhibit C; and
WHEREAS, the City finds that it is necessary and in the best interests of the City, in order to
further the objectives of the TIF Plan and objectives of industrial and economic development for the
City,to authorize sale of the Site from the IDA to the City at the price of$.50 per square foot,and
WHEREAS,the size of the Site is 979,509 square feet, making the purchase price of the Site Four
Hundred Eighty-Nine Thousand Seven Hundred Fifty-Four and 50/100 Dollars ($489,754.50) ("Sale
Price"); and
WHEREAS, pursuant to the Financing Agreement, LIMB Bank N.A., Trustee of the Bonds, will
need to receive the amount of the Sale Price in order for the Site to be released from the mortgage
thereon; and
WHEREAS, RH, pursuant to said Notice, intends to assign its rights pursuant to the MDA to
develop the Site to Horizons V who intends to develop the Project through construction of a 491,448
square foot industrial distribution warehouse("Development"); and
WHEREAS, pursuant to the MDA, the City agrees to incur specified costs to prepare the property
for the Development;and
{1893/106/CITY/00974457;]{ Horizons�p WA 6929141.1
WHEREAS, in order for the Site and areas around the Site to be developed, the City is providing
certain public infrastructure improvements, including but not limited to: (1) the construction of Helena
Road and 41st Street; (2) sanitation systems and stormwater systems; and (3) water systems, natural
gas,electric and telecommunication lines,and street lights;and
WHEREAS, additional public improvements including, but not limited to: (1) site grading and fill
and (2) site demolition, excavation and grading ("Additional Public Infrastructure") are also needed for
the completed construction and use of the Site;and
WHEREAS, Horizons V, in consideration for the City directing the IDA to sell the Site to the City
and that the City subsequently sells the Site to RH for the Sale Price, has agreed to participate with the
City in the costs of providing the necessary Additional Public Infrastructure for the Site;and
WHEREAS, the City's Board of Aldermen authorized City funds of no more than Four Hundred
Thousand Dollars ($400,000.00) to be expended for Additional Public Infrastructure costs for the Site
("Public Funds");and
WHEREAS, based on the Project design and construction specifications, the anticipated cost of
providing the Additional Public Infrastructure is Eight Hundred Thousand Four Hundred Twenty-four and
00/100 Dollars ($800,424.00), which shall be funded by Horizons V ("Private Funds") of which Four
Hundred Thousand and 00/100 ($400,000.00)shall be reimbursed by the City to Horizons V only after
the City,as confirmed by the Finance Director and determined by the Board of Aldermen by and through
written Resolution, receives into its Treasury the PILOTS paid by Horizons V;and
WHEREAS, the City's Board of Aldermen instructed staff and Special Counsel to enter into an
agreement with Horizons V to establish the Project funding sources and specify an escrow process for
the Private Funds to fund the Additional Public Infrastructure costs whereby Horizons V shall cause to be
deposited into an account within the City Treasury designated by the Finance Director Eight Hundred
Thousand Four Hundred Twenty-four and 00/100 Dollars($800,424.00) as a condition precedent to the
issuance of Notice to Proceed on the Project by the City Administrator;and
WHEREAS, the City and Horizons V desire to enter into this Funding and Escrow Agreement with
respect to the provision of Public Funds and Private Funds for the Additional Public Infrastructure
construction.
WHEREAS, in order for vertical construction to be commenced on the site, a Change Order to
the Shaw Contract entered into pursuant to the MDA for Horizons V Site, Demolition, Excavation &
I1993/106/Cm/00974457:2 t Horizons b WA 6929141.1
Grading Scope of Work, attached hereto as Exhibit D and incorporated herein ("Shaw Change Order
#_"), is required;and
WHEREAS, based on the Project specifications approved in the City Ordinance wiaapproving
the Shaw Change Order #� the anticipated cost of the Shaw Change Order#L is Eight Hundred
Thousand Four Hundred Twenty-four and 00/100 Dollars ($800,424.00), all of which shall be deposited
by Horizons V into an account within the City Treasury as designated by the Finance Director for the City
prior the commencement of the scope of work described within the Shaw Change Order#171 and
WHEREAS, the City and Horizons V desire to enter into this Reimbursement and Escrow
Agreement with respect to the City's reimbursement of$400,000.00 of the costs for the Shaw Change
Order#-LZ.
COVENANTS AND AGREEMENTS:
NOW,THEREFORE, in consideration of the foregoing recitals, mutual covenants and promises set forth
below, the receipt and sufficiency of which are mutually acknowledged, the City and Horizons V hereby
agree to this Reimbursement and Escrow Agreement as follows:
1. Recitals and Exhibits
a. Recitals
The Recitals set forth above in this Reimbursement and Escrow Agreement are
incorporated into and made a part of this Reimbursement and Escrow Agreement as if
fully set forth in this Section La.
b. Exhibits
The Exhibits to this Reimbursement and Escrow Agreement are incorporated into and
made a part of this Reimbursement and Escrow Agreement as if fully set forth in this
Section 1.b.
2. Design and Construction
Horizons V and the City agree to the Scope of Work as contained within the Shaw Change Order
#7 attached hereto as Exhibit D, and incorporated herein.
3. Cost of Construction
(1893/106/CITV/009744S7;2) Horizons WA6929141.1
The City and Horizons V anticipate the cost of construction for the Shaw Change Order# to
meet or exceed$800,424.00. The cost may change based on details provided as part of the completed
design specifications or modifications required during actual construction.
4. Source of Funds
a. Private Funds
Subject to the terms and conditions set forth in this Escrow Agreement, Horizons V shall
be solely responsible for Private Funds sufficient to pay for any and all reasonable and
necessary costs, including construction contingency as described in Section 6, below,
incurred in connection with the construction costs of the Shaw Change Order. If the
cost of construction of the Additional Public Infrastructure increases over the course of
construction, Horizons V shall be responsible for providing all funds as necessary to
cover those costs.
b. Public Funds
Upon the City's receipt, or not less than 60 days following receipt of payments in-lieu of
taxes for the Project as described in Section 7, below,the City shall use the Public Funds
(subject to the payment due RH as provided by Section 9.1(a) of the MDA) to reimburse
Horizons V for $400,000.00 in Private Funds used in the construction of the Lot 6
Building Pad.
11893/106/CITY/00974457;2{ Horizons WA 6929141.1
5. Escrow
Horizons V shall deposit into the account designated by the City's Finance director the full
amount of Private Funds prior to the City issuing a notice to proceed to construct any portion of the
Shaw Change Order #L7. The City shall place Horizons V's funds in escrow to be drawn down as
necessary for the duration of construction of the Chaw Change Order#17. If additional Private Funds
are necessary to complete the Additional Public Infrastructure, Horizons V shall deposit those funds
within 48 hours of notification of an approved change order request. If there are any Private Funds
remaining in the Horizons V escrow account following Project completion "(Excess Private Funds"), the
funds shall be returned to Horizons V within 60 days following the commencement of vertical
construction on the Site. Both the Private and Public Funds identified in this Reimbursement and Escrow
Agreement are specifically identified for the payment of the construction of the Additional Public
Infrastructure and shall not: (1) be deposited into the MDA Escrow Account, (2) be considered
"Developer's Contribution" as defined within the MDA, and (3) earn interest as the Developer's
Contribution made pursuant to the MDA.
6. Construction Cost Contingency
Where the Private Funds will be insufficient to pay for the total cost of the Shaw Change Order
pJ_L,Horizons V shall provide funds in an amount to pay for the total Shaw Change Order q1=1 that
is in excess of the Private Funds. Failure of Horizons V to deposit sufficient funds into the City Treasury
to pay for the total cost of the Shaw Change Order p(J terminates their right to reimbursement
pursuant to Section 7 of this Agreement.
7. Reimbursement
Upon the City's receipt of payments in-lieu of taxes for the Project, Horizons V may request
reimbursement for$400,000.00 paid in Private Funds for Shaw Change Order a E construction costs.
The City shall provide the reimbursement to Horizons V within 60 days of a written request for the
same. Failure of Horizons V to deposit sufficient funds into the City Treasury to pay for the total cost of
the Shaw Change Order is Ll terminates their right to reimbursement pursuant to this section.
8. Indemnification
Horizons V shall indemnify and save the City and its governing body members, directors,
officers, employees and agents harmless from and against all loss, liability, damage or expense arising
solely out of Horizons V's actions involving: the design,construction and completion of the Shaw Change
(1893/306/CI1v/00974457;2( Horizons wA6929141.1
Order # _, or as a result of any breach, default or failure to perform by Horizons V under this
Reimbursement and Escrow Agreement (collectively referred to as "Claim"). Horizons V shall also
indemnify and save the City and its governing body members, directors, officers, employees and agents
harmless of, from and against, all costs, reasonable counsel fees, expenses and liabilities incurred by
them in any action or proceeding brought by reason of any such Claim. If any action or proceeding is
brought against the City or its governing board members, directors, officers, employees or agents by
reason of any such Claim, Horizons V, upon notice from the City, covenants to defend such action or
proceeding on demand of the City or its governing body members, directors, officers, employees or
agents. Nothing in this section shall constitute a waiver of governmental or officers immunity of the City
or its officers or employees.
9. Modification
No modification of the terms of this Reimbursement and Escrow Agreement shall be valid unless
in writing and executed with the same formality as this Reimbursement and Escrow Agreement, and no
waiver of the breach of the provisions of any section of this Reimbursement and Escrow Agreement shall
be construed as a waiver of any subsequent breach of the same section or any other sections which are
contained herein.
10. Further Assurances
The parties agree to execute such other further documents as may be necessary to effectuate the
purposes of this Reimbursement and Escrow Agreement or that may be required by law.
IN WITNESS WHEREOF, the parties have signed this Reimbursement and Escrow Agreement as of the
date set forth above.
THE CITY OF RIVERSIDE, MISSOURI
a Misssoouu i municipal corporation
By: II Q ti`�Y" ( -�
Kathleen L. Rose, Mayor
Date: 5-6 3 190 !S'
4893/106/CITV/0097«67;2f Horizons'Y WA 6929101.1
HORIZONS INDUSTRIAL V,U.C.
a Delaware Limited Liability Company
By: NORTHPOINT HOLDINGS, LLC,
a Missouri limited liability company
Its: Manager
By:
Name: Nathaniel Htle rn
Title: Manager
Date:-5/16//5
RIVERSIDE HORIZONS,LLC,
a Missouri limited liability company
By: NORTHPOINT HOLDINGS, LLC,
a Missouri limited liability company
Its: Manager
By:
Name: Nathani H g dorn
Title: Manager
Date:
{1993/IOWCLOSINGM77335;1) Horizons vi WA 6929141.1
Exhibit A:Notice of Intent to Purchase
Exhibit 8: Final Plat
Exhibit C:Special Warranty Deed
Exhibit D:Shaw Change Order
{1893/106/Clovxe/9m77335;1) Horizons V WA 69291411
HABIT A
Notice of Intent to Purchase
RIVERSIDE HORIZONS,LLC
5015 NW CANAL ST,SUITE 200
RIVERSME,MlssoUR164150
April d 2015
VIA FACSIMILE(816)746•$�3Q9=
HAND DELIVERY AND US MAIL
City of Riverside
City Hall
2950 NW Vivion Road
Riverside,Missouri 64150
Attn:City Administrator
Re: Notice of Intent to Purchase Certain Property in the Briarcliff Horizons Site,
Specifically,Lot 6 of Riverside Horizons Industrial V East,Second Plat
Ladies and Gentlemen:
The City of Riverside, Missouri (the"City") and Briarcliff Realty, LLC (now known as BR Northpoint,
LLC) entered into that certain Master Development Agreement (the "MDA") on May 10, 2011.
Thereafter, with the City's consent, BR NorthPoint, LLC assigned its rights and obligations under the
MDA to Briarcliff Horizons, LLC, which changed its name with the Missouri Secretary of State on
February 24, 2012 to Riverside Horizons, LLC (the "Developer"), an affiliated entity of BR NorthPoint,
LLC.
The MDA provides the Developer with certain vested rights to purchase, from time to time, all or a
portion of the property within the area of land delineated by the MDA known as the"Briarcliff Horizons
Site." The Developer now desires to purchase, pursuant to the terms and conditions contained in the
MDA,all of Lot 6 of Riverside Horizons Industrial V East, Second Plat as depicted and described on the
enclosed Final Plat prepared by Renaissance Infrastructure Consulting, recorded December 8, 2014 with
the Platte County, Missouri Recorder of Deeds, as Instrument No 2014013715 in Book 21 at Page 124
(the "Property"). The Purchase Price for the Property shall be $489,754.50, which is based upon the
MDA's purchase price of$0.50 per square foot and the Property's measured square footage of 979,509
square feet as set forth in the Final Plat.
Therefore,pursuant to Section 7.5(a)of the MDA, the Developer hereby provides the City with notice of
the Developer's intent to purchase on April 15, 2015, the property described and depicted on Exhibit A
hereto, pursuant to the MDA, The developing party will be Horizons Industrial V, LLC, a Delaware
limited liability company.
Should you have any questions regarding this notice, please contact the undersigned at your earliest
opportunity. Thank you.
RIVERSIDE HORIZONS,LLC
By:
Nathaniel Ha o , Manager
Enclosure: Riverside Horizons Industrial V East,Second Plat
ne9a/1oWraiY/Do94s5xi;z 1
EXHIBIT B
Final Plat
ON
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RIVERSIDE HORIZONS INDUSTRIAL V EAST, SECOND PLAT
A REPLAT OF LOTS 6 AND 7,RIVERSIDE HORIZONS INDUSTRIAL V EAST,IN THE CITY OF RIVERSIDE,PLATTE COUNTY,MISSOURI
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Exhibit C
Form of Special Warranty Deed from IDA to City
SPECIAL WARRANTY DEED
THIS INDENTURE is made as of May _, 2015, by THE INDUSTRIAL
DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI, a public corporation
organized and existing under the laws of the State of Missouri, with a mailing address of 2950
NW Vivion Road, Riverside, Missouri 64150, as grantor ("GRANTOR"), to the CITY OF
RIVERSIDE, MISSOURI, a fourth class city organized and existing under the laws of the State
of Missouri, with a mailing address of 2950 NW Vivion Road, Riverside, Missouri 64150, as
grantee ("GRANTEE").
WITNESSETH: THAT GRANTOR, in consideration of the sum of TEN AND NO/100
DOLLARS ($10.00) and other valuable consideration to it in hand paid by GRANTEE (the
receipt and sufficiency of which is hereby acknowledged) does by these presents, SELL and
CONVEY unto GRANTEE, its successors and assigns, the lots, tracts or parcels of land, lying,
being and situate in the County of Platte and State of Missouri as described as follows:
All of Lot 6, RIVERSIDE HORIZONS INDUSTRIAL V EAST, SECOND PLAT, a
subdivision in Riverside, Platte County, Missouri, according to the recorded plat
thereof, recorded December 8, 2014, as Instrument No. 2014013715, in Plat
Book 21 at Page 124.
EXCEPT AND FURTHER SUBJECT TO:
a. The subject property is conveyed subject to that certain Declaration of
covenants, restrictions, easements, charges, assessments and liens for
Horizons Business Park/Planned Development District dated February 13,
2012, and recorded in the Office of the Recorder of Deeds of Platte County,
under Document No. 2012003468, as may be heretofore and hereafter
amended in accordance therewith, all of the provisions of which are
specifically incorporated herein by reference thereto (herein the
"Declaration"), and all of which GRANTEE accepts as covenants running with
the land and binding at law as well as equity upon GRANTEE and its
successors in title to the subject property, and the obligations of which
GRANTEE, for itself and its successor in title, agrees to observe and perform.
TO HAVE AND TO HOLD the premises aforesaid, with all and singular the rights
privileges, appurtenances and immunities thereto belonging or in anywise appertaining unto
GRANTEE and unto its successors and assigns forever, GRANTOR hereby covenanting that
said premises are free and clear from any encumbrance (except as referenced above) done or
suffered by it; and that it will warrant and defend the title to said premises unto GRANTEE and
unto its successors and assigns forever, against the lawful claims and demands of all persons
claiming under GRANTOR.
WA 6919798.1
IN WITNESS WHEREOF, Grantor has caused these presents to be signed as of the day
and year first above written.
GRANTOR:
THE INDUSTRIAL DEVELOPMENT AUTHORITY
OF THE CITY OF RIVERSIDE, MISSOURI
By:
Leland Finley, President
ATTEST:
By:
Sarah Wagner, Secretary
ACKNOWLEDGEMENT
STATE OF MISSOURI )
) SS
COUNTY OF PLATTE j
ON THIS _day of May, 2015, before me, the undersigned, a Notary Public in and for
said County and state, personally appeared Leland Finley, to me personally known, who being
by me duly sworn, did say that he is the President of The Industrial Development Authority of
the City of Riverside, Missouri, a public corporation duly organized and existing under the
laws of the state of Missouri, and that the seal affixed to the foregoing instrument is the seal of
said Authority, and that said instrument was signed and sealed on behalf of said Authority by
free act and deed of said Authority.
WITNESS my hand and official seal in the County and State aforesaid, the day and year
first above written.
Notary Public Signature
(Seal)
Printed or Typed Name
My Commission Expires:
2 WA 6919798.1
EXHIBIT D
Shaw Change Order
CITY OF
RIVERS
maw
MISSflURi
Upstream from ordinary.
2950 NW Vivion Road
Riverside, Missouri 64150
MEMO DATE: May 05, 2015
AGENDA DATE: May 12, 2015
TO: Mayor and Board of Aldermen
FROM: Travis Hoover
RE: Change Order 17: SHAW CONSTRUCTION
Horizons Earthwork& Site Utilities (607-001)
BACKGROUND: This Change Order (attached exhibit E) includes pad work for Horizons
Industrial V. Fill material for building pad to be pulled from onsite stockpiles per
attached aerial photograph (exhibit G). Pad work to conform to requirements
per attached Horizons V Demolition, Excavation, Grading& Building Pad Scope
of Work (exhibit H).
BUDGETARY IMPACT: An additional cost of $800,424.00 for Change Order 17 will result in a total
amount of$10,628,930.22 for Shaw Construction.
Original Contract Amount $ 7,330,477.00
Total of Previous Changes 2,498,029.22
Total this Change Order 00,424.00
Current Contract Total $ 10,628,930.22
RECOMMENDATION: Staff recommends approval of the ordinance and acceptance of the change order
with George Shaw Construction for Horizons Earthwork& Site Utilities.
Crt Or CHANGE ORDER NO. 17
RIVERS
lessaml Contractor Name: George J.Shaw Co. D.e Rle.ree srsrzou
P.ga1 honZOna Etnhwolk I Sita Ubhbet ..
nllala�r, 1
GY101n6 12/12011 T QlbwlgclWPtc 10aly apnof4.YMY11 WVaffftlp'-0caYr COr ft.m b/111a
e.el�tl.em..:Rlwstla,l9amM CaOacla a b*Wd saee.gv,eeFeea W Lb CW W..&N A dad W h a.a axaN
aoratlW—4.Mk.tan IM ev hn W Rutrvlvea 1tIA..e.an NO IW PMP%W.
ecomsm caeNxa r ratsaer oealea.cr
Caeata Calla Caatla AaaOwwblbn 6Rewm MCaaepapWr g'IasaCwaBataa teklllart.rtltarMSl nalantr Nara Na}a Mara
L'wa tae NA. Pwiaa tAt Pw Palbn Uli ChWWOda)1)Raawba hyCIM 2)1tlYrw..t6CaaRw S)NdkreryardbPanasaa AdjuMa A*~ AdN b
PAoe Av.aev Wr Rba
57 1.0 50.00 $000 LS lbbm Indatisl V•SA,Oanddw,Pmw6on 6 St 00 5800 42x.00 S800,424.001
1.0 Sam SO.00 LS 51.00 $0.
1L SOID SOW LS 5100 5000 i4ID
sow 5D 00
P1malA.TOW SOID sow
Adjusbd TA S800,4211.00
NRGhapa 5800.42400
serr.racepu
Ongeal Cabal Anavn 57,330,477.00
Not Amm dP.aviO.a AdO alr Dedcbr $2,499,029.22
Nat Cabad bnma4 Pft b This RMIW $9,928,508.22
Amoula d TNa RNu $800424.00
Naw CAlAnct Amaral S10,629.930.22
Pslcenl Chtl g n Cate A t 0.14% 7
DESIGN ENGINEER CITY OF RNERSIDE,MISSOURI:
cosec„ Olmn Associates Ctty En9lneer,
Nnrel.atO&W Eickman Tavb Ha taxa V. J
City AdminletrAv:
oer Greg M9s
CONTRACTOR: ONSITE PROJECT MANAGER: /
CONTRACTORS CInlncrw I,r Ch,m 0 U 11 OY r RAT r n
TIr rWlpr OpxfRACrOR arb.tr r d,els+ to amalaao dive('area pmnlerr.aw b.w men.aer�
ar.1CW tliw Ya roarw/Nue[rb E,e CONIR/L1QV b IM a.e mlpWr me aap[OaI.'NMY!baKt aeAp'.trlam
p aJMI mOlbn rtr m,trsf 6LYaW rr V W IM b 11a O/.a VM Io Ya tal d as oral!pryer]layN.Vwrepl,
wlNf rrea.eae ermlaa do lean mllr em vaveam em l.aa erer,<rrelalrea ar.Oe..w amara n aoa w
wlaab0 ur.r ula mala ager. bcCVG as Merlrr aw mru nianlaee.an!Ar bwva,r
�r � �� �e w.lx roe we rmc.:n a.Aulo��AJv rrrvaargeale<. �'-VF�e/l/1+r'�
i1�,91a—
lne„wwe_ w
EXHIBIT F- DRAWING LOG
PROJECT: Horizons V Site Demolition, Excavation&Grading
LOCATION: 4400 NW 41"Street
Riverside, MO 64150
DATE: 04/20/2015
CONTRACTOR: George J. Shaw Construction Company
ALL DRAWINGS AND SPECIFICATIONS BELOW ARE INCLUDED AS PART OF THIS CONTRACT:
Drawing Set: LOT SURCHARGE&MASS GRADING PLANS for RIVERSIDE HORIZONS as
prepared by Olsson Associates dated 11.21.2014 for Olsson prolect no.: 011-1150
Sheet: Title:
C1.01 COVER SHEET
C2.01 LOT MASS GRADING &SURCHARGE PLAN
C2.02 LOT MASS GRADING &SURCHARGE PLAN
C2.03 LOT MASS GRADING &SURCHARGE PLAN
Drawing Set: HORIZONS INDUSTRIAL V—Construction Documents—City of Riverside, Platte
County, Missouri as prepared by Renaissance Infrastructure Consulting &
Finkle+Williams Architecture dated 02-02-15 for R.I.C. Project No.: 1414-0161.
Sheet: Title:
C1.0 GENERALLAYOUT
C1.1 GRADING PLAN
C1.2 GRADING DETAILS
C1.3 GRADING DETAILS
CIA GRADING DETAILS
C1.5 GRADING DETAILS
C1.6 GRADING DETAIL
C1.7 UTILITY PLAN
C1.8 DRAINAGE AREA MAP&STORM SEWER PLAN
C1.9 ROOF DRAIN LINE PLAN
C1.10 EROSION CONTROL PLAN
21.11 STANDARD DETAILS
C1.12 STANDARD DETAILS
C1.13 1 STANDARD DETAILS
The above drawings and specifications can be
viewed in the office of the City Engineer.
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EXHIBIT H
HORIZONS V SITE DEMOLITION,EXCAVATION.GRADING,&BUILDING PAD SCOPE OF WORK
PROJECT: Horizons V
Site Demolition, Excavation &Grading
LOCATION: 4400 NW 41''Street
Riverside, MO 64150
DATE: 05/15/2015
CONTRACTOR: George J.Shaw Construction Company
1. Contract Documents:
A. Contract documents consist of the Contract Agreement and the Construction Documents
identified in this"Exhibit H".
2. Scope of Work:
The scope of work includes, but is not necessarily limited to the following:
A. Provide all Site Demolition, Excavation&Grading work shown on the contract documents
and as defined herein including but not limited to: mobilization, supervision and utility
locates;slit fence;site stripping; site cuts and fills; import of material for surcharge and fill;
surcharge of half building pad,flipping of surcharge and surcharge or second half of
building pad; removal of surcharge to fill areas; removal of remaining surcharge to
adjacent site;construction of building pad to 10' beyond exterior walls;grading of building
pad to+/-0.1'and site to+I-0.5' per drawings. The word provide when used herein shall
mean furnish and install completely, including all costs for labor, materials, equipment,
hoisting, layout,scaffolding,tools,cranes, rigging, and any of the facilities necessary to
complete the Work.The word install means all labor, miscellaneous materials, hoisting,
layout,scaffolding,tools, rigging, and any of the facilities necessary to complete the
Work.
B. Contractor is responsible for procuring and paying for all permits, excluding the building
permit, required for the execution of the Work. Contractor is also responsible for all
notifications required to perform the Work.
C. It is the responsibility of the Contractor to verify all dimensions from existing conditions before
starting the work.
D. Provide all surveying, layout and field engineering required for the performance of this work,
Including protection of benchmarks and control points. Include replacement of control points
that are lost or damaged during the execution of this work, as coordinated with Owner.
E. The Contractor shall be represented full time at the site by a competent superintendent
from beginning of the work until its acceptance.
F. The Contractor will protect facilities to remain from damage. Contractor shall be
responsible for any prompt repair and make good, at his own expense,all damage to
streets, sidewalks, utility lines, adjoining premises or any other public or private property,
by whosoever and wherever located, resulting from or in connection with the performance
of the work. Contractor is expected to maintain utility service to all occupied buildings in
the area.Any necessary shutdowns must be coordinated in advance. Contractor shall
restore disturbed area to existing conditions if an area has been previously graded and
seeded. Grade,seed, and sod all disturbed areas as required.
G. Provide all mobilizations necessary to complete the Work.
H. Contractor to provide any required dumpsters,temporary toilets and clean drinking water.
I. Contractor is responsible for contacting the local authority and Owner's special Inspector
for all required inspections. Special Inspections will be contracted for by Owner.
J. The Contractor shall complete all Punch List work within Seven(7)calendar days of the
Issuance of the Punch List. If the contractor fails to complete any of the items,Owner
may have the work completed by others and have the costs deducted from the
Contractor's final payment.
K. Contractor is responsible for the location and verification of all utilities before starting
work.
L. Provide all clean-up associated with Contractors work; provide dumpsters and hauling as
needed.Contractor is responsible for cleaning the streets of any mud,dirt or debris resulting
from the Work in this contract as directed by Owner or the local authority. Provide wheel
wash as necessary.
M. All measures necessary to eliminate dust from the Project shall be taken. This includes
watering of all areas of exposed earth,temporary seeding, dust suppressants and any
other means or methods required to complywith code requirements. Standards for
allowable airborne pollutants shall be In accordance with the City's Air Quality Department
regulations.
N. Include all premium time/cost necessary to meet the schedule, including accelerated
production of submittals as applicable.All weather condition provisions require to meet the
schedule are Included.
O. This project is tax exempt from Missouri Sales Tax. This Contractor is responsible to be In
compliance with all appropriate laws,etc. in support of such a tax exemption.
P. Include all temporary utilities, Including connection fees and usage cost as required for this
work including water and electric.
Q. The hours of work shall be in compliance with any local ordinances.
R. This contractor shall coordinate the work of this contract with the work of all other contractors
on site.
S. Provide site clearing to Include removal of existing topsoil, tree, stumps, tree roots,
vegetation,drainage structures and all other above/below grade obstructions.All clearing and
grubbing debris is to be properly disposed of as required by the contract documents and
applicable city, state and federal regulations.
T. Provide mass excavation and grading as required per contract documents for the Work.
Include all lake and canal excavation as applicable and all fill materials and hauling to or
from the site as needed to balance the site.This includes cut and fill to bring the site to
rough grade. Include compaction and grading as required to meet the final design
contours.All Imported materials must be approved by the Special Inspector.
U. Provide all erosion controls required, including continuous maintenance, repairs and/or
replacement as necessary to meet all Federal and State Regulations. Additional erosion
controls as required by the Missouri Division of Environmental Quality(DNR)shall be
provided. This Includes planning, design and installation of siltation fences, straw bale
barriers,diversion culverts, sedimentation basins,temporary seeding, and any and all
other necessary measures required to control storm water discharge as necessitated by
the sequencing of work performed on the site. Remove siltation controls as soon as
possible,when no longer required on the Project. Maintain all other siltation controls
through the completion of the Project. Provide all filing an inspections associated with the
SW PPP that will be provided to the Contractor by the Civil Engineer.
V. Contractor shall comply with all specifications for grading tolerances and with the
recommendations made in the geotechnical report pertaining to this Project.
W. Provide temporary construction entrances necessary for completion of the Work and as
reasonably requested at locations directed by Owner. Provide 8"of 5"-8"diameter rip rap
(grizzly)rock and cap w/2"diameter clean gravel for a total thickness of 10". Temporary
construction entrance shall be allowed to be used by other contractors working on
Owner's behalf. Remove entrances at Owner's direction upon completion of the Work.
X. Provide hauling of all soils moved from one location to another.All remaining excess
materials to be hauled off site and disposed of properly.
Y. Provide topsoil as shown in Contract Documents. Remove all debris from the topsoil.
Locations for stockpiling of soll may be placed at the locations shown in the Contract
Documents.
Z. Provide all lane closures, road signage, barricades,traffic control, and any permits as
necessary for completion of the Work. Maintain signage throughout the duration of the
project. Remove at end of project or as directed by Owner.
3. Exclusions:
A. Geotechnical Exploration
B. Engineering
C. Building LVC.
D. Paving subgrade treatment.
E. Structural excavation.
F. Rock excavation.
G. Rock base for building pad,pavement or sidewalk.
H. Pumping or dewatering of ground water.
I. Frost,snow or mud removal or disposal.
J. Landscaping with the exception of areas, if any, damaged during the Work.
K. Shoring, bracing or bank protection.
L. Removal and replacement of unsuitable materials.
M. Testing.
N. Sales Tax,
4. Enaineered Drawinas,&Submittals:
A. After construction is complete, if applicable,the subcontractor shall tum over to the owner
one had and one electronic copy of as-built drawings and two hard and one electronic
copies of operation and maintenance manuals.
5. Substantial Completion Requirements:
A. Upon completion of each half of the building pad and prior to pad acceptance and as a
requirement for achievement of substantial completion of the project Owner's
geotechnical engineer must provide written acceptance of the installation and construction
of the building pad.
B. Upon completion of the building pad grading to+/-0.1'and site grading to+/-0.5'and as
a requirement for achievement of substantial completion, sitework contractor(assumed
but not required to be George J. Shaw Construction Company)must accept site grading
and building pad or a topographic survey must be provided by contractor verifying the
Work Is complete per the contract documents.
6. Contract Breakdown:
A. Mobilize, layout and supervision: $35,040.00
B. Erosion control: $16,100.00
C. Strip: $24,711.00
D. Onsite cut/fill: $52,513.00
E. Import fill from onsite stockpile: $84,009.00
F. Geotech, compaction testing and monitor: $19,316.00
G. Import half surcharge from onsite stockpile: $185,521.00
H. Flip surcharge: $87,003.00
I. Remove surcharge to fills: $26,229.00
J. Remove surcharge to adjacent pad: $197,217.00
K. Hidden/Unsuitable Material/Pad Rework Cont: $72,765.00
TOTAL CONTRACT AMOUNT: $800,424.00
by: by:
Contractor Date Construction Manager Date
4
EXHIBIT B
Lot 6 Additional Public Infrastructure Project Reimbursement and Escrow Agreement
('Reimbursement and Escrow Agreement')
WA 5112311.1
EXHIBIT C
CHANGE ORDER 17, COVER MEMO, AND BACKUP DOCUMENTS
WA 5112311.1
CITY OF
RIVER51 ►Q�
Ursireurn from ardincry.
2950 NW Vivion Road
Riverside, Missouri 64150
MEMO DATE: May 05, 2015
AGENDA DATE: May 05, 2015
TO: Mayor and Board of Aldermen
FROM: Travis Hoover
RE: Change Order 17: SHAW CONSTRUCTION
Horizons Earthwork& Site Utilities (607-001)
BACKGROUND: This Change Order (attached exhibit E) includes pad work for Horizons
Industrial V.
BUDGETARY IMPACT: An additional cost of $800,424.00 for Change Order 17 will result in a total
amount of $10,628,930.22 for Shaw Construction.
Original Contract Amount $ 7,330,477.00
Total of Previous Changes $ 2,498,029.22
Total this Change Order $ 800,424.00
Current Contract Total $ 10,628,930.22
RECOMMENDATION: Staff recommends approval of the ordinance and acceptance of the change order
with George Shaw Construction for Horizons Earthwork & Site Utilities.
(�, cirr.rvQQ(V CHANGE ORDER NO. 17 Page,Number t of 1
M •��fwas of Pgs Attached 0
a 'c Contractor Name: George J. Shaw Co. _ Date Prepared 5/5/2015
proleet Name Horizons Earthwork/Site Utilities
Project Number: 607-001
comma ate: 12/1/2011 __ The following changes to the original contract amount were required to cover cost incurred by the
Project Loce9on: Riverside,Missoun 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 CHANGES IN PRESENT CONTRACT
Contract or Contract or Contract orNew or New or New or
Item Description d Reason/or Change Ordea(Please tlascnbe Item below and Nen fallow with reason br
Lme Item No Previous Previous Previous Unit Adjusted Adjusted Adjusted
Quantity Unit Price Amount CM1ange Order) 1) Bequeathed by City 2)Unknown Site Conditions 3)Not Irtcorporand In planslspecs Quantity _ Unit Pare Amount
57 t0 $0.00 $0.00 LS _ Horizons Industrial V-Site Demolition Excavation 8 Grading _ $1.00 $800,424.00 $800,424.00
1.0 $000 $0.00 LS _ $1.00 $0.00 $0.00
1.0 $0.00 $0.00 LS $1.00 $0.00 $0.00
_ $0.00 _ $0.00
Previous Total $0.00 $0.00
Adjusted Total $800,424.00
Net Change $800,424.00
statement of Contract _ --
Original Contract Amount $7,330,477.00
Net Amount of Previous Additions and Deductions $2,498,029.22
Net Contract Amount Prior to This Request $9,828,506.22
Amount of This Request $800,424.00
New Contrad Amount $10,628,930.22
Percent Change in Contract Amount 8.14%
DESIGN ENGINEER: CITY OF RIVERSIDE,MISSOURI:
Compam City Engineer:
Nam=Mailed. Travis Hoover srened Date
Syed City Administrator:
Date Greg Mills synod Date
CONTRACTOR: ONSITE PROJECT MANAGER:
CONTRACTOR'S Certification for Change Order. ON-SITE PROJECT MANAGER Certification for Change Order:
The undersigned CONTRACTOR cemfies Mat all changes in accordance wah the Contract Documents,she en-sle o svdrcs ions.and
descnbed above are nemazan In order for the CONTRACTOR to Me do.comprising this choose order.the an-she insect mane mfims
gats¢
poUetl wiM ex0cution of the contract documents,ant Met the to the Owner Inas to to beat of the or-sits,pnleecll marxge/a krwwledge,
values stated above are correct with respect to the work mfemetion and belief Me above referenced charges are necessary in order to
anticipated under this change onkr proceed win the execution of Me contract documents,and that Me values
stated above are correct with real M the work a eopaled under this change order
Compa, Campam
Name Printed Naive eroded
algnnd slaved
One Date
EXHIBIT E—HORIZONS V SITE DEMOLITION EXCAVATION & GRADING SCOPE OF WORK
PROJECT: Horizons V
Site Demolition, Excavation & Grading
LOCATION: 4400 NW 41"Street
Riverside, MO 64150
DATE: 04/17/2015
CONTRACTOR: George J. Shaw Construction Company
1. Contract Documents:
A. Contract documents consist of the Subcontract Agreement and the Construction
Documents identified in this"Exhibit E".
2. Scope of Work:
The scope of work includes, but is not necessarily limited to the following:
A. Provide all Site Demolition, Excavation & Grading work shown on the contract documents
and as defined herein including but not limited to: mobilization, supervision and utility
locates; silt fence; site stripping, site cuts and fills; import of material for surcharge and fill,
surcharge of half building pad, flipping of surcharge and surcharge or second half of
building pad; removal of surcharge to fill areas; removal of remaining surcharge to
adjacent site; construction of building pad to 10' beyond exterior walls; finish grading of
building pad to +/-0.1'; and finish grade of site per drawings to+/-0.5'. The word provide
when used herein shall mean furnish and install completely, including all costs for labor,
materials, equipment, hoisting, layout, scaffolding, tools, cranes, rigging, and any of the
facilities necessary to complete the Work. The word install means all labor, miscellaneous
materials, hoisting, layout, scaffolding, tools, rigging, and any of the facilities necessary to
complete the Work.
B. Contractor is responsible for procuring and paying for all permits, excluding the building
permit, required for the execution of the Work. Contractor is also responsible for all
notifications required to perform the Work.
C. It is the responsibility of the Contractor to verify all dimensions from existing conditions before
starting the work.
D. Provide all surveying, layout and field engineering required for the performance of this work,
including protection of benchmarks and control points. Include replacement of control points
that are lost or damaged during the execution of this work, as coordinated with Owner.
E. The Contractor shall be represented full time at the site by a competent superintendent
from beginning of the work until its acceptance.
F. The Contractor will protect facilities to remain from damage. Contractor shall be
responsible for any prompt repair and make good, at his own expense, all damage to
streets, sidewalks, utility lines, adjoining premises or any other public or private property,
by whosoever and wherever located, resulting from or in connection with the performance
of the work. Contractor is expected to maintain utility service to all occupied buildings in
the area. Any necessary shutdowns must be coordinated in advance. Contractor shall
restore disturbed area to existing conditions if an area has been previously graded and
seeded. Grade, seed, and sod all disturbed areas as required.
G. Provide all mobilizations necessary to complete the Work.
H. Contractor to provide any required dumpsters, temporary toilets and clean drinking water.
I. Contractor is responsible for contacting the local authority and Owner's special inspector
Exhibit E—Scope of Work 2
for all required inspections. Special Inspections will be contracted for by Owner.
J. The Contractor shall complete all Punch List work within Seven (7) calendar days of the
issuance of the Punch List. If the contractor fails to complete any of the items, Owner
may have the work completed by others and have the costs deducted from the
Contractor's final payment.
K. Contractor is responsible for the location and verification of all utilities before starting
work.
L. Provide all clean-up associated with Contractors work; provide dumpsters and hauling as
needed. Contractor is responsible for cleaning the streets of any mud,dirt or debris resulting
from the Work in this contract as directed by Owner or the local authority. Provide wheel
wash as necessary.
M. All measures necessary to eliminate dust from the Project shall be taken. This includes
watering of all areas of exposed earth, temporary seeding, dust suppressants and any
other means or methods required to comply with code requirements. Standards for
allowable airborne pollutants shall be in accordance with the City's Air Quality Department
regulations.
N. Include all premium time/cost necessary to meet the schedule, including accelerated
production of submittals as applicable. All weather condition provisions require to meet the
schedule are included.
O. This project is tax exempt from Missouri Sales Tax. This Contractor is responsible to be in
compliance with all appropriate laws, etc. in support of such a tax exemption.
P. Include all temporary utilities, including connection fees and usage cost as required for this
work including water and electric.
Q. The hours of work shall be in compliance with any local ordinances.
R. This contractor shall coordinate the work of this contract with the work of all other contractors
on site.
S. Provide site clearing to include removal of existing topsoil, tree, stumps, tree roots,
vegetation,drainage structures and all other above/below grade obstructions.All clearing and
grubbing debris is to be properly disposed of as required by the contract documents and
applicable city, state and federal regulations.
T. Provide mass excavation and grading as required per contract documents for the Work.
Include all lake and canal excavation as applicable and all fill materials and hauling to or
from the site as needed to balance the site. This includes cut and fill to bring the site to
rough grade. Include compaction and grading as required to meet the final design
contours. All imported materials must be approved by the Special Inspector.
U. Provide all erosion controls required, including continuous maintenance, repairs and/or
replacement as necessary to meet all Federal and State Regulations. Additional erosion
controls as required by the Missouri Division of Environmental Quality (DNR) shall be
provided. This includes planning, design and installation of siltation fences, straw bale
barriers, diversion culverts, sedimentation basins, temporary seeding, and any and all
other necessary measures required to control storm water discharge as necessitated by
the sequencing of work performed on the site. Remove siltation controls as soon as
possible, when no longer required on the Project. Maintain all other siltation controls
through the completion of the Project. Provide all filing an inspections associated with the
SWPPP that will be provided to the Contractor by the Civil Engineer.
V. Contractor shall comply with all specifications for grading tolerances and with the
recommendations made in the geotechnical report pertaining to this Project.
W. Provide temporary construction entrances necessary for completion of the Work and as
reasonably requested at locations directed by Owner. Provide 8" of 5"-6"diameter rip rap
(grizzly) rock and cap w/2"diameter clean gravel for a total thickness of 10". Temporary
construction entrance shall be allowed to be used by other contractors working on
Owner's behalf. Remove entrances at Owner's direction upon completion of the Work.
X- Provide hauling of all soils moved from one location to another. All remaining excess
materials to be hauled off site and disposed of properly.
Y. Provide topsoil as shown in Contract Documents. Remove all debris from the topsoil.
Locations for stockpiling of soil may be placed at the locations shown in the Contract
Exhibit E—Scope of Work 3
Documents.
Z. Provide all lane closures, road signage, barricades, traffic control, and any permits as
necessary for completion of the Work. Maintain signage throughout the duration of the
project. Remove at end of project or as directed by Owner.
3. Exclusions:
A. Dock cuts.
B. Finish grading to 0.10'.
C. Building LVC.
D. Paving subgrade treatment.
E. Structural excavation.
F. Rock excavation.
G. Rock base for building pad, pavement or sidewalk.
H. Pumping or dewatering of ground water.
1. Frost, snow or mud removal or disposal.
J. Landscaping with the exception of areas, if any, damaged during the Work.
K. Shoring, bracing or bank protection.
L. Removal and replacement of unsuitable materials.
M. Testing.
N. Sales Tax.
4. Engineered Drawings& Submittals:
A. After construction is complete, if applicable, the subcontractor shall turn over to the owner
one had and one electronic copy of as-built drawings and two hard and one electronic
copies of operation and maintenance manuals.
5. Substantial Completion Requirements:
A. Upon completion of each half of the building pad and prior to pad acceptance and as a
requirement for achievement of substantial completion of the project Owner's
geotechnical engineer must provide written acceptance of the installation and construction
of the building pad.
B. Upon completion of the building pad grading to+/-0.1' and site grading to+/-0.5' and as
a requirement for achievement of substantial completion, finish grading contractor
(assumed to but not required to be George J. Shaw Construction Company) must accept
site grading and building pad or a topographic survey must be provided by contractor
verifying the Work is complete per the contract documents.
6. General Requirements:
A. It is the intent of HORIZONS INDUSTRIAL V, LLC to obtain a top quality finished product
and an all-inclusive Design-Build Scope of Work. In that regard, change order requests
will not be accepted unless there is a change in the Scope of Work. All costs required to
deliver a complete system as detailed above are included in the Scope of Work.
1. Subcontractor shall not deviate, exclude, or make changes from the construction
documents without written consent of the Construction Manager.
B. Extras must be approved in writing by the HORIZONS INDUSTRIAL V, LLC project
manager before work begins. Claim any extras within twenty(20) calendar days from
date of occurrence. No extras can be approved later.
Exhibit E—Scope of Work 4
C. Subcontractor shall be responsible for their coordination with other members of the
construction and/or the design team throughout the project until completion.
D. Safety
1. In an effort to improve safe working habits and provide a safer working
environment, we at HORIZONS INDUSTRIAL V, LLC have implemented a revised
safety program. As in the past, we ask that all of our subcontractors and suppliers
strictly adhere to the following policies of this program:
a. Health and Safety Program
Each subcontractor must have a written Health and Safety Program, which
includes all, required Federal, State and local safety policies, active health
and safety inspections and weekly safety meetings.
b. Hard Hat Policv
Hard hats shall be worn by all construction personnel and visitors at all
times. There will be no exceptions.
C. GFI and Assured Grounding of Electrical Outlets
All extension cords and power-operated tools shall have a GFI receptacle
and be routinely checked as part of a written and recorded assured
grounding program.
d. Hazardous Communications Program
(1) HORIZONS INDUSTRIAL V, LLC shall maintain a hazardous
materials file. This file will contain Material Safety Data Sheets
specific for that project, as well as a written hazardous
communications policy.
(2) All subcontractors shall submit MSDS sheets on all hazardous
materials being used by their employees These sheets will be
combined with HORIZONS INDUSTRIAL V. LLC's file. The
sheets shall be submitted before work begins on each project.
Both the subcontractor's file of MSDS as well as HORIZONS
INDUSTRIAL V, LLC's file shall be updated as necessary
throughout the project.
(3) The combined files shall be kept in the HORIZONS INDUSTRIAL
V, LLC job trailer for review by any interested party.
e. Toolbox Talks
(1) Each subcontractor shall hold weekly toolbox talks. The
attendance sheets for the previous week's talk shall be submitted
each Monday by 12:30 p.m. to HORIZONS INDUSTRIAL V, LLC.
If this is not done, the subcontractor must attend HORIZONS
INDUSTRIAL V, LLC's Toolbox Talk.
f. OSHA Standards
All subcontractors and their employees shall observe all other OSHA
standards that apply to their work.
9. Safety Vests
Exhibit E—Scope of Work 5
Safety vest or bright orange/hi-vis yellow shirts shall be worn by all
construction personnel and visitors at all times. There will be no
exceptions.
E. Subcontractor will perform all cleanup associated with subcontractor's work.
F. No exclusions or changes from the drawings, specifications or bid instructions will be
permitted without written approval from the HORIZONS INDUSTRIAL V, LLC project
manager or superintendent.
G. HORIZONS INDUSTRIAL V, LLC will allow the Subcontractor progress payments at
monthly intervals, in the ratio and to the extent of this Subcontractor's completed work.
Ten percent (10%) retention will be withheld from each progress payment. Retention
withheld may be invoiced thirty (30)days after the completion of the subcontract work.
The retention will be released upon completion of the project and after HORIZONS
INDUSTRIAL V, LLC receives the retention payment from the Owner. All requests by the
Subcontractor for progress payments and retention must be originals(faxed copies are
unacceptable) delivered to HORIZONS INDUSTRIAL V, LLC at its principal office on or
before the 25th day of the month in order to be processed for payment on or after the 20th
day of the succeeding month. All payment requests should be made on the Construction
Manager payment request form. Before any progress or final payments can be made, lien
waivers from the Subcontractor and all its material suppliers and subcontractors for
material and labor through the billing date must be received by the Construction
Managers local office.
H. It is the Subcontractor's responsibility to visit the job site prior to bidding to familiarize
himself with actual job site conditions.
I. All materials used shall be new and first quality, and shall be installed in accordance with
manufacturer's recommendations.
J. On contracts over$60,000, the successful Subcontractor will be required to submit a
schedule of values to be approved. Monthly invoices shall be prepared according to the
schedule of values. Breakdowns shall include columns showing:
1. Item,
2. Value.
3. Percent completed to date.
4. Amount previously invoiced.
5. Amount being invoiced.
Breakdowns must be submitted to HORIZONS INDUSTRIAL V, LLC for approval within
ten (10) days of the date of award.
K. Subcontractor shall include all applicable taxes, fees, permits, freight, hoisting and/or
temporary elevator, scaffolding, clean up, supervision, overhead, etc., to perform his work.
L. The initial lead foreman will not be replaced for the duration of the project unless directed
otherwise by HORIZONS INDUSTRIAL V, LLC.
Exhibit E—Scope of Work 6
M. This Subcontractor will be responsible for all layout, lines and grade and coordination
required to complete his scope of work unless specifically excluded in these Bid
Instructions.
N. Subcontractor shall employ a competent project staff, including a superintendent who at
least, shall be in attendance full time at the project site during the progress of the work,
and shall not be changed, except with the consent of the Construction Manager.
O. All communications and notices given to the superintendent shall be as binding as if given
to the subcontractor.
R Subcontractor shall be represented at all jobsite meetings by the superintendent.
Q. Subcontractor shall immediately remove from the project any employee, including the
superintendent who is not satisfactory to Construction Manager, owner or owners
representatives.
R. Subcontractor shall not deviate, exclude, or make changes from the construction
documents without written consent of the Construction Manager.
S. Subcontractor shall have OSHA competent individual who at least, shall be in attendance
full time on site during the progress of the work.
T. No riders on equipment or in bed of trucks.
U. Subcontractor's superintendent, foreman shall deliver a report, in form and content
specified by Construction Manager, to Construction Manager's office before end of each
shift. This shall include all employee names and hardhat numbers by division.
V. Subcontractor's superintendent, foreman shall deliver a safety topic and sign-in sheet in
form and content specified by Construction Manager, to Construction Manager's office
before end of shift on each Monday.
W. Subcontractors employees shall park vehicles in a designated area only, trash
receptacles will be provided by Construction Manager and emptied by this subcontractor.
X. Subcontractors employees shall take lunch and breaks in designated areas only, trash
receptacles will be provided by Construction Manager and emptied by this subcontractor.
Y. Subcontractor shall provide clean drinking water with individual cups, empty cups shall be
placed into trash receptacles provided by the Construction Manager and emptied by this
subcontractor.
Z. No personal vehicles will be allowed within the footprint, only in designated areas.
AA. No radios or headphones on the jobsite. No exceptions.
BB. All contractors shall be licensed in the State and City in which the project is located.
CC. Drawings will be sent to subcontractors via email. It is the subcontractor's responsibility
to provide full size, scalable drawings and all drawing updates for their employees at the
jobsite.
7. Written Guarantees:
Exhibit E—Scope of Work 7
A. Provide a one(1) year guarantee covering design, workmanship and materials from the
date the project is 100% complete along with any manufacturer warranties that exceed
this duration.
8. Proiect Schedule:
A. Work to begin immediately upon receipt of Notice to Proceed by Owner.
B. This work may or may not start exactly on the above date; however, HORIZONS
INDUSTRIAL V, LLC will keep you updated as to the progress of the job schedule.
HORIZONS INDUSTRIAL V, LLC will expect the job to be completed in the same number
of working days, whether the work is started earlier or later.
C. Project Schedule detailing durations is attached as Exhibit G.
9. Contract Breakdown:
A. Mobilize, layout and supervision: $35,040.00
B. Erosion control: $16,100.00
C. Strip: $24,711.00
D. Onsite cut/fill: $52,513.00
E. Import fill from onsite stockpile: $84,009.00
F. Geotech, compaction testing and monitor: $19,315.00
G. Import half surcharge from onsite stockpile: $185,521.00
H. Flip surcharge: $87,003.00
1. Remove surcharge to fills: $26,229.00
J. Remove surcharge to adjacent pad: $197,217.00
K. Hidden/Unsuitable Material/Pad Rework: $72,765.00
TOTAL CONTRACT AMOUNT: $800,424.00
by: by:
Subcontractor Date Construction Manager Date
EXHIBIT F—DRAWING LOG
PROJECT: Horizons V Site Demolition, Excavation & Grading
LOCATION: 4400 NW 41"Street
Riverside, MO 64150
DATE: 04/20/2015
SUBCONTRACTOR: George J. Shaw Construction Company
ALL DRAWINGS AND SPECIFICATIONS BELOW ARE INCLUDED AS PART OF THIS CONTRACT:
Drawing Set: LOT SURCHARGE & MASS GRADING PLANS for RIVERSIDE HORIZONS as
prepared by Olsson Associates dated 11.21.2014 for Olsson project no.: 011-1150
Sheet: Title:
C1.01 COVER SHEET
C2.01 LOT MASS GRADING & SURCHARGE PLAN
C2.02 LOT MASS GRADING &SURCHARGE PLAN
C2.03 LOT MASS GRADING & SURCHARGE PLAN
Drawing Set: HORIZONS INDUSTRIAL V—Construction Documents—City of Riverside, Platte
County, Missouri as prepared by Renaissance Infrastructure Consulting &
Finkle+Williams Architecture dated 02-02-15 for R.I.C. Project No.: 1414-0161.
Sheet: Title:
C1.0 GENERALLAYOUT
C1.1 GRADING PLAN
C1.2 GRADING DETAILS
C1.3 GRADING DETAILS
C1.4 GRADING DETAILS
C1.5 GRADING DETAILS
C1.6 GRADING DETAIL
C1.7 UTILITY PLAN
C1.8 DRAINAGE AREA MAP & STORM SEWER PLAN
C1.9 ROOF DRAIN LINE PLAN
C1.10 EROSION CONTROL PLAN
C1.11 STANDARD DETAILS
C1.12 STANDARD DETAILS
C1.13 STANDARD DETAILS
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