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Home My WebLink About1435 Authorizing and Approving CO 18 George J. Shaw Construction Z BILL NO. 2015-061 ORDINANCE NO./4d 5 AN ORDINANCE AUTHORIZING AND APPROVING CHANGE ORDER 18 TO THE GEORGE J. SHAW CONSTRUCTION CO. CONTRACT WHEREAS, Briarcliff Realty, LLC and the City entered into that certain Master Development Agreement dated May 10, 2011 (the "MDA"); and 1 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 I Site Utilities (City Project No. 607- 1 001)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 1 WHEREAS, on or about December 1, 2011, Developer entered into an agreement with I 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 1 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 17 to the Shaw Contract totaling an additional cost of THREE MILLION TWO HUNDRED NINETY-EIGHT THOUSAND FOUR HUNDRED FIFTY THREE Dollars and Twenty-Two Cents ($3,298,453.22); and WHEREAS, NPD and Shaw request approval of, and City staff recommend and request the Board to approve, the following Change Order 18 attached hereto as Attachment A and incorporated herein, to the Shaw Contract: 1 WA 6057970.1 Change Order 18: Upon receiving prior approval from the City Administrator or the City Administrator's designee in each instance, Shaw may add an additional weir and perform necessary work related thereto as provided for in Attachment A; For a total net cost INCREASE pursuant to Change Order 18 of SIXTY NINE THOUSAND SEVEN HUNDRED SIXTY ONE DOLLARS ($69,761.00) to increase the overall contract total to TEN MILLION SIX HUNDRED NINETY EIGHT THOUSAND SIX HUNDRED NINETY ONE DOLLARS and Twenty-Two Cents ($10,698,691.22) for Shaw; and WHEREAS, Section 5.5 and 5.6 of the MDA require City y a pproval for all change orders 1 to the Infrastructure Construction Documents; and WHEREAS, the Board of Aldermen find that Change Order 18 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 18 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 18, and the Board does hereby approve of Change Order 18 as follows: Change Order 18: Upon receiving prior approval from the City Administrator or the City Administrator's designee in each instance, Shaw may add an additional weir and perform necessary work related thereto as provided for in Attachment A; For a total net cost INCREASE pursuant to Change Order 18 of SIXTY NINE THOUSAND SEVEN HUNDRED SIXTY ONE DOLLARS ($69,761.00) to increase the overall contract total to TEN MILLION SIX HUNDRED NINETY EIGHT THOUSAND SIX HUNDRED NINETY ONE DOLLARS and Twenty-Two Cents ($10,698,691.22) for Shaw; and 1 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 6057970.1 1 BE IT REMEMBERED that the above was PASSED AND APPROVED by a majority of the Board of Aldermen, and APPROVED by tpe Mayor of the City of Riverside, Missouri, this 8th day of September, 2015. Kathla6n L. Rose, Mayor A7F-S; Robin Kincaid, City Clerk Approved as to form: Spenc ane Britt & Browne LLP Spe ' I C nsel to the City by J P,Bed r 3 WA 6057970.1 ATTACHMENT A COVER MEMO, CHANGE ORDER 18, AND BACKUP DOCUMENTS 1 9a 4 WA 6057970.1 9 f+ � 4. / Serving Greaser Kansas City Since 1928 Phone (816)231-8200 1601 Bellefontaine Fax (816)231-8203 Kansas City,MO 64127 July 14,2015 Northpoint Development 5015 NW Canal Street,Suite 200 Riverside,MO.64150 Re: Riverside Horizons-Added Rock Walls,Earth Berms,&Concrete Work Attn: RI Agee As discussed in various phone conversations and emails,we are pleased to provide the price below for the added rock walls,earth berms,concrete weir,&culvert walls per Olsson's drawings dated 05/12/2015. Schedule of Work: General Conditions: $ 6,060.00 Retaining Wall Prep: $ 5,919.00 Leveling Trench: $ 7,828.00 Wall Construction: $16,680.00 Wall Backfill &Misc.Grading: $ 8,652.00 Earth Benns Construction: $15,364.00 3ueir Wstl . 8-4;9-72700— Concrete --4;9}Concrete Overflow: $ 9,258.00 Qualifications: > Permits • Summer/Winter Concrete Protection > Dewatering > Rock Retaining Wall Material > Any retaining walls not accessible from the main site,will need to be constructed from inside the canal(prior to any liner). Liner construction will need to be completed on a time and material basis. Sincerely, George J.Shaw Construction Co. Andy Nimz Project Manager CONCRETE • EXCAVATION • GRADING • WRECKING B`mR S;o n p g.� : �y+." = 0 m a? a v S a $di-, F1 z N g 's 'o glIg la . j ya' li _ Razz B 0 z _ m ° m m$ JJjJJ V 3m Qa3 2 ;„ Nr $ A o 5g o a ON �O } E .� sgn G1 m a _ 3 m Ici V�1 O % $uo m 5. Ivo ° a I 2 $ � o ti aff Foie m u s $ R a _,9Ya CP 'iii8 c -on c II pm 'sasass " a m f' S$ $ $ $ $ $ n vzazz0 8 . 800 = 3F c n o =0383_ ° a 011 101 o L m 2 j�^ i s i 3 ? a i O NI m.isa3 z2 Vn sga i v "3 'c o� m 50223 > i "a lis, L+ oS 3 FRgs$ O n 891 awc 3o' Y gia as0 Q n a. CD 33sm m T 3 tis € $ 5 zm :fin O a= 1 • 'z z S aw m Rail € " y� a' co F m° s m O m n ? o § Y a w 5 m„i L n aLt ra ~ n N CO 3 g a 4 S nk mn 18 • D 's 0 o ge y n o A8 a S F c s z /Oraa Raz 3 ? m E. g E i il N9 n �Eng f m Eggs - 33 > 3 ti4Zy _ F a / P `-0943 O 0 a s35o 0 S mm a gg E ° 8 t 6Qin sa m S' a =a a ; 1 s 3g move z 9 m x — 3 _ z n • Y3 G. gl.Y . a 2m P sS � .� Orr '''5. 'NI °sftag ' a ' s 8 Si o £s a = n N og. S U u I - 5 `3'Cr g w m g f.1 r.ps Qqj S ; z .4 n 8 I• .tA aYm Say . • 4, HMVI S x I2 Ra _ O O :ar,J —11 . A 9 a 0.301.3t4 R a $ 7 e C m R .. % 50 ,4= 00 2, 1 a r G O 0--..i W U q O 6-“.PC. , b • 5 C O rNio rat. O g 3f c c Ig mq ;a IS Es R : g Rkz iii r a.•B $ R 0 S' � 8 3 ng CD 4 Oa cgz 11 - CA CD 0 so $ 80" 0 CD z "al s0 �� mm SR 0.— P SR W M 00 ° ..o. pO� lk O O O O O O O o CITY OF RIVERSI MISSOURI Upstream from ordinary. 2950 NW Vivion Road Riverside, Missouri 64150 MEMO DATE: September 04, 2015 AGENDA DATE: September 08, 2015 TO: Mayor and Board of Aldermen FROM: Travis Hoover RE: Change Order 18: SHAW CONSTRUCTION Horizons Earthwork& Site Utilities (607-001) BACKGROUND: The original plans called for riprap to be installed in the canal along the 1-635 ramp. Due to the undesired look of riprap and the high cost of stacking rock, the decision was made during the May 5, 2015 board meeting to add a new weir. The modifications to the plans are as follows; • $6,060.00 for General Conditions • $30,427.00 for Retaining Wall Labor for additional wall • $8,652.00 for Retaining Wall Backfill for additional wall • $15,364.00 for Cuts and Fills (Earth Berms) • $9,258.00 for Concrete Overflows *Note: Liner work will be performed on a T&M basis. We expect the costs for the liner work to be at or below the budget. BUDGETARY IMPACT: An additional cost of $69,761.00 for Change Order 18 will result in a total amount of$10,698,691.22 for Shaw Construction. Original Contract Amount $ 7,330,477.00 Total of Previous Changes $ 3,298,453.22 Total this Change Order $ 69,791.00 Current Contract Total $ 10,698,691.22 RECOMMENDATION: Staff recommends approval of the ordinance and acceptance of the change order with George Shaw Construction for Horizons Earthwork& Site Utilities.