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Home My WebLink About1447 CO 11 Kissick Construction BILL NO. 2016-006 ORDINANCE NO. LID 7 AN ORDINANCE AUTHORIZING AND APPROVING CHANGE ORDER 11 TO THE KISSICK CONSTRUCTION CO., INC. CONTRACT RESULTING IN AN APPROVED REVISED CONTRACT AMOUNT OF $1,535,800.21 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 the project known as Horizons Earthwork/Site Utilities (City Project No. 607-001) to Kissick Construction Co., Inc. ("Kissick"); and WHEREAS, on or about November 1, 2011, the Board of Aldermen approved Kissick as the contractor to perform construction services related to the Site Utilities portion of Horizons Earthwork/Site Utilities; and WHEREAS, on or about November 15, 2011, Developer entered into an agreement with Kissick to perform construction services related to a portion of the Horizons Earthwork/Site Utilities in an amount not to exceed Nine Hundred Ninety-Two Thousand Eight Hundred Twenty-Four Dollars and Forty-Six Cents ($992,824.46) ("Kissick Contract"); and WHEREAS, on or around August 1, 2012, Developer assigned all of its duties and obligations under the MDA to construct and complete the public infrastructure and other public improvements as set forth in the MDA to NorthPoint Development, LLC ("NPD") pursuant to Section 12.5(b) of the MDA; and WHEREAS, the Board has previously approved Change Orders 1-10 to the Kissick Contract for a total net cost INCREASE pursuant to Change Orders 1-10 of Six Hundred Sixty- Four Thousand One Hundred Eighty Dollars and Ninety-Seven Cents ($664,180.97), to WA 7700889.1 increase the overall contract total to One Million Six Hundred Fifty-Seven Thousand Five Dollars and Forty-Three Cents ($1,657,005.43); and WHEREAS, NPD and Kissick request approval of, and City staff recommend and request the Board to approve, the following Change Order 11 attached hereto as Attachment A and incorporated herein, to the Kissick Contract: Change Order 11: a) Deduction for change in scope for Sanitary Sewer resulting in a decrease in the contract amount of One Hundred One Thousand Six Hundred Fifty-Nine Dollars and Twenty-Two Cents ($101,659.22); b) Deduction for change in scope for water services resulting in a decrease in the contract amount of Nineteen Thousand Five Hundred Forty-Six Dollars ($19,546.00); For a total net cost DECREASE pursuant to Change Order 11 of One Hundred Twenty- One Thousand Two Hundred Five Dollars and Twenty-Two Cents ($121,205.22) to DECREASE the overall contract total to One Million Five Hundred Thirty-Five Thousand Eight Hundred Dollars and Twenty-One Cents ($1,535,800.21) for Kissick; and WHEREAS, Sections 5.5 and 5.6 of the MDA require City approval for all change orders to the Infrastructure Construction Documents; and WHEREAS, the Board of Aldermen find that Change Order 11 to the Kissick Contract is in the best interest of the City in that such action fulfills a public purpose and will further the growth of the City, facilitate the development of the entire Horizons site, improve the environment of the City, foster increased economic activity within the City, increase employment opportunities within the City and otherwise is in the best interests of the City by furthering the health, safety, and welfare of its residents and taxpayers. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: SECTION 1. BEST INTEREST OF THE CITY TO APPROVE CHANGE ORDER. NPD and Kissick request approval of, and City staff recommend and request the Board to approve, Change Order 11 to the Kissick Contract, attached hereto as Attachment A and incorporated herein, and the Board finds it is in the best interest of the City and that such approval fulfills a public purpose and will further the growth of the City, facilitate the development of the entire Horizons site, improve the environment of the City, foster increased economic activity within the City, increase employment opportunities within the City and otherwise is in the best interests of the City by furthering the health, safety, and welfare of its residents and taxpayers, to approve Change Order 11, and the Board does hereby approve of Change Order 11 as follows: a) Deduction for change in scope for Sanitary Sewer resulting in a decrease in the contract amount of One Hundred One Thousand Six Hundred Fifty-Nine Dollars and Twenty-Two Cents ($101,659.22); b) Deduction for change in scope for water services resulting in a decrease in the contract amount of Nineteen Thousand Five Hundred Forty-Six Dollars ($19,546.00); 2 WA 7700889.1 For a total net cost DECREASE pursuant to Change Order 11 of One Hundred Twenty- One Thousand Two Hundred Five Dollars and Twenty-Two Cents ($121,205.22) to DECREASE the overall contract total to One Million Five Hundred Thirty-Five Thousand Eight Hundred Dollars and Twenty-One Cents ($1,535,800.21) for Kissick. SECTION 2. AUTHORITY TO EXECUTE. The Mayor, City Administrator and all other required city officials are authorized to execute the change order authorized herein, together with any and all documents necessary or incidental to the performance thereof, and to take such other actions and/or execute and deliver for and on behalf of the City all certificates, instruments, agreements and other documents as may be deemed necessary or convenient to carry out and comply with the intent of this Ordinance. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after the date of its passage and approval. BE IT REMEMBERED that the above was PASSED AND APPROVED by a majority of the Board of Aldermen, and APPROVED by the Mayor of the City of Riverside, Missouri, this 19th day of January, 2016. Kathleen L. Rose, Mayor ATTEST: Robin Kincaid, City Clerk Approved as to form: Spen Fane Britt & Browne LLP Spe al C sel to the City By Jldla,Bed r 3 WA 7700889.1 ATTACHMENT A COVER MEMO CHANGE ORDER BACKUP DOCUMENTS ATTACHMENT A CITY OF RIVERSIDE MISSOURI Upstream from ordinary. 2950 NW Vivion Road Riverside, Missouri 64150 MEMO DATE: January 6, 2016 AGENDA DATE: January 19, 2016 TO: Mayor and Board of Aldermen FROM: Travis Hoover RE: Change Order 11: KISSICK CONSTRUCTION Horizons Earthwork & Site Utilities (607-001) BACKGROUND: Change Orders I-10 were previously presented and approved. Change Order I I is a deductive change order for changes in the scope of work for both sanitary sewer and water services under the Kissick Contract. The items listed n Change Order I I consist of: • Deduct for change in scope for sanitary sewer — ($101,659.22) • Deduct for change in scope for water services — ($19,546.00) BUDGETARY IMPACT: The deduct of ($121,205.22) for Change Order No. I I will result in a total contract amount of $1,535,800.21 for Kissick Construction. Original Contract Amount $ 992,824.46 Total of Previous Changes $ 664,180.97 Total this Change Order ($121,205.22) Current Contract Total $ 1,535,800.21 RECOMMENDATION: Staff recommends approval of the ordinance and acceptance of the change ord r with Kissick Construction for Horizons Earthwork & Site Utilities. CITY OF CHANGE ORDER NO. 11 PapeNumbecl.1 4 sol Pg.Aracnad 3 MISSOURI Contractor Name: Klssick Construction Company, Inc Dale Prepaed 5127/2015 RIVERS Project Name: Horizons Earthwork I Site Utilities Project Number. 607-001 Contractgna: 12/1/2011 The following changes to the original Contract amount ware required to Cover Cost Incurred by Project Uotautn: Riverside,Missouri the Contractor or to reflect savings realized by the Convector as a theme of a charge in the actual Constructed quantities from the estimated quan6tles shown on the Bid Proposal. REGUNI CHANGES IN PRESENT CONTRACT Contract or Contract or Contact w Item Description d Reason for Change Order(Pleees describe Item below and then follow with rescan New or New or New or Una IMM No. Previous Previous Previous Unit for Change Order) 1) Requested by City 2)unknown Site Conditions 3)Not Incorporated M Adjusted Adjusted Adjusted Own Unit Prot, Amoum PlrWspact yuan' Ilia Price Amourd 900 Sanitary Sewer 41st&43rd Street Ext 1.00 ($101,659.22) ($101,659.22) 910 Weser Servlces41st843rd Street Ext 1.00 419,646.00 519545.00 aaNd stairs,Credit leetles maaela Warned-Inclose alle,dwd KC Wweari Irwoloe 019706 00-i11,01&114 P.Te,C."abn)mar.sAmascR->t asxae 0.00 TiaTed,corPord.Nwlce esedtl ?'Ssl 10 $0.00 Pravbue Total fill Adjusted Total (4121,206.22) Nal Change (4121,205.22) stawment of Contract Original Contract Amount 39e2.ue.48 Not Amount of Previous Additions arta Deductions es .IW.e Net Contract Amount Prior to This Request 41,667,006.43 Amount o1 This Request (4121,206.22) New Contract Amount 41,535,500.21 Percent Change In Contract Amount -7,31% DESIGN ENGINEER: CITY OF RIVERSIDE,MISSOURI: Comoer: Olsson Associates City Engineer: Name Romeo David Eickman Travis f1mver D.w Bred: ,-,__ City Administrator: /�AI/�' ',� Data 1/4/16 Greg Mills ydac Dare CONTRACTOR: ON-SITE PROJECT MANAGER: CONTRACTTORVS Cenlfication for Chance Order. PROJECT MANAGER Certification The urdersaned CONTRACTOR unlee;)bel all denge. In ecordance Win we contract Documeme.the on-skis couNesodn.am dest.thed eoove are nemeury In order for line CONTRACTOR ID the dela complaing IN.cMnpe older.The omaw Projet manager carllAee P,aca.d An Amcudon or the contra dowma w,and that the to me Owner that to the but or me on iWe project menagee&knowledge, mWea Item above aft,correct war re Wet to IN,wan inlormnbn end Waal the Grow reffeenced changes are ne"Wery In order to n hf pVewd under me diet orderprocess wan aha aucuuon.11M ronbaCl documanw,and Until Ne values waled.Wove are correct with respect to Her wo-it an6dpaad awar INS change order. company Kissek Construction Company,Inc. company Name Panted:John Garvey-Project Manager Herne Added I(.S. / Sgnad: T Schind. orte:1 saw"Is r oew. lahil „: Original Invoice ,�'�/Jl'IA«iI pug. Date PrintedCredit Memo d —,...�o... 1�— 4/17/15 197478 U] KANSAS CITY WINWATER CO. _ 3939 A NE 33RD TERRACE To Reorder Contact Us At KANSAS CITY, MO 64117 SWEIVED Phone No. (816),159-8600 Fax No . . (816) 459-8522 DEN 09 TaPN. 17 U15 ;r,CONSTRUCTIC — i SM1Ir rr: KISSICK CONSTRUCTION 8131 INDIANA AVE KANSAS CITY, MO 64132-2507 HORIZONS roa..rr m"", not,.-r.r.h..r o.d.. sa r...n irnr shserr.t ser vu I oar lhtmd 269-000338 1177 017-CLINTON ROY Stock IP/U 4/13/15 WINWATER APPRECIATES YOUR BUSINESS Units U/M I t a m n e s c r l t I o a Units Ordered P Shipped B/C p r i c e Per Discount E x t e n d e d ax 207 FT I6 SDR-21 PVC200 20- 3.5000 1 .00 70.00-, T 1• EA. 12X6 DI MJ 401 LINED WYE 1- 525.0000 . .00 525.00- T 3- EA 6" DI MJ 45 401 LINED 3- 115.0000 .00 345.00-1 T I I i ,.rn.: x.anb sr.ac.ch.n.A s.1 u.d rr ran m,.1a.0 I,. Tax Area ID: Net Sales 940.00- iIET 'C DAYS NO -2_60470690 Freight ,00 State Tax W. 4.225 State Tax39,72- --__ ..._— _ Local Tax % 3.875 Lac01 Tex 30.42- 11016.14 Invosce Amount .xsa ury ,WZh er Who. you provlde a check as Payment, you authorize us either to use information from your check to make a one-time electronic fund transfer from Your account or to process the payment as a check transaction. For inquiries please call (8161 459-8600. T4C: You agree that the sale of thus. products/sory ices is sahjnct to all of our standard t...s and conditions of sale loco ted at PRETECH Corporation Credit Mem 8934 Woodend Rd Kansas City, KS 66111 DATE CREDIT N . 913-441-4600 /28/201 P2023C CUSTOMER Kissick Construction Company, Inc. 8131 Indiana Kansas City, MO 64132 P.O. NO. PROJECT 1177 Horizons De... DESCRIPTION OTY RATE AMOUNT 18" R.C.P. - Class 3 - Gasket Joint -96 16.65 -1,598.40 24" R.C.P. - Class 3 - Gasket Joint -16 24.29 -388.64 Restocking Fee -1 -298.06 298.06 Shipping Charge (split between pipe and 1 -425.00 425.00 manhole pieces) Subtotal -1,263.98 Total -$1,263.98 PRETECH Corporation Credit Mem 8934 Woodend Rd Kansas City, KS 66111 DATE CREDIT Nfl 913-441-4600 /28/201 6632C CUSTOMER Kissick Construction Company, Inc. 8131 Indiana Kansas City, MO 64132 P.O. NO PROJECT 1177 Horizons De. . DESCRIPTION QTY RATE AMOUNT 48" Dia. Manhole x 4'0" -9 512.00 -4,608.00 48" Dia. Manhole x 1'0" -1 128.00 -128.00 48" Dia. Manhole x 4'0" -8 512.00 -4,096.00 48" Dia. Manhole Cone - 2'1" -2 267.00 -534.00 Restocking Fee -1 -1,404.90 1,404.90 Ship Charge ( split between pipe and -1 -425.00 425.00 manhole pieces) Subtotal -7,536.10 — — --- —_ Total -$7,536. 10 RISSS1REEt >:rse�n uuerrrewra - — —" .— g ' ^� I I !! I Is P S R I I n pp t I _ R �—_-.__ r rrrr4rrrrrrrrrrr � I i .IS]SIREEI _ =WMR _ ______ _ ` a Ipx�EO R �9 nm_Rn eEMorm.lrt. 1 � § f �yc S � ..^(•.r. m S T3 .S g� rrrrrrrrrri� rr � � _ �. �- , @a Yd3f tip 4 e € '��ift` BNIITMY SEWER UNE C6 EPIAM MIO PROFILE _ IifISANITMYSfV1ER IMPROVEMENT PLANS ^ + C.. ....�.. •Sf OCIPT!_ NOMET OEY£LOPMENT6tNEET Ym SSON.. tlS1REE]PNO DW. _ ^' '^ PIVERSIOE.MISSOURI tS10 I NS '^�`i+�i:..... '+��^ 5282015 NwhPard Developme[Mail-Sanitary DeW= Mark Pomerenke<mpomerenke@northpointkc.com> Sanitary Deducts Travis Hoover<THOOVER@dversidemo.com> Tue, Mar 24, 2015 at 3:42 PM To: Mark Pomerenke - Forward <mpomerenke@northpointkc.com>, Larissa Anderson <LANDERSON@dversidemo.com> We are good with the deduct. Thanks, Travis A. Hoover, PE City Engineer City of Riverside 2950 N.W. Vivion Road • Riverside, MO 64150 Phone: (816)741-3993 Fax: (816)746-8349 Direct: (816)372-9004 Cell: (816)769-1601 Stay Connected httixi/twitter.com/R iversi de Mo htti):/Ifacebook.com/RiversideMo htto:/hvww.Riversi de Mo.co m Riverside recycles - please consider the environment before printing this e-mail. From: Mark Pomerenke [mailto:mpomerenke@northpointkc.com] Sent: Friday, March 20, 2015 12:27 PM To: Travis Hoover; Larissa Anderson Subject: Sanitary Deducts https./imail.google.com/mail/W1/7Lu=2&k=3182690fcd&vie -pt&q=thp er%a0riversidemoc=&gs=true&search--query&msg=l4c4d8988bODla5d&dsgt=l&siml=14c4d8988b001a5d 112 51'26"2015 NorlhPard Devtlopmet Mail-sanitary Deducts Hi Travis, Attached is page 4 of the sanitary plans for 41 st and 43rd street, everything on this page Will be credited back if the city is good with it. Appx. 80,000 credit. Overall layout attached for reference. Once 1 get acceptance from you, and the excess material is removed from the site we will submit the change order. Thanks, Mark Pomerenke I VP of Operations I northPoint Development 5015 NW Canal Street,Suite 200'Riverside,\4064150 D:816-888-7391 c:816-797-1098 1 e:mark@northpointke.com www.beyondthecontract.com ..,Description: logo Mips-.umaii google.com/maiVWlPui=2&ik=3182690fod&view=p&q=thoover%4oriversidemo.com&qs=hue&search=query&msT-l4cao8988UW1aSd&dsgt=1&siml=1404d8988b00la5d 2/2