HomeMy WebLinkAbout1464 CO 1 Horizons - Irrigation Project Agua Fina Irrigation & Landscape BILL NO. 2016-024 ORDINANCE NO. )40
AN ORDINANCE AUTHORIZING AND APPROVING CHANGE ORDER NO. 1 TO THE
AGREEMENT BETWEEN NORTHPOINT DEVELOPMENT LLC AND AGUA FINA
IRRIGATION & LANDSCAPE, LLC FOR THE INSTALLATION AND CONSTRUCTION OF
THE HORIZONS — IRRIGATION PROJECT (City Project No. 607-005)
WHEREAS, Briarcliff Realty, LLC ('Briarcliff Realty") and the City of Riverside, Missouri,
("City') entered into a Master Development Agreement for the Development of the Riverside
Horizons Site dated May 10, 2011 ("MDA"); and
WHEREAS, Briarcliff Realty changed its name to BR NorthPoint LLC, and pursuant to
Section 12.5(b) of the MDA assigned all its rights and obligations under the MDA, but not its
rights and obligations under the MDA First Amendment, to Briarcliff Horizons LLC; 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, RH, pursuant to Section 12.5(b) of the MDA, assigned all of its duties and
obligations to construct and complete the public infrastructure and other public improvements as
set forth in Section 3 of the MDA to Northpoint Development, LLC ("Northpoint'); and
WHEREAS, by and through Ordinance No. 1303 passed and approved on April 15,
2014, the City authorized and approved the plans and specifications for the Horizons— Irrigation
Project, City Project No. 607-005, (the "Irrigation Project') by and through Ordinance No. 1303;
and
WHEREAS, by and through Ordinance No. 1320 passed and approved on June 3, 2014,
the City authorized and approved an Agreement Between Northpoint and Agua Fina Irrigation &
Landscape, LLC ("Agua Fina") for the completion of the Irrigation Project in which the City and
the Industrial Development Authority ('IDA") of the City of Riverside, Missouri are Third Party
Beneficiaries for an estimated cost of installation and construction of Two Hundred Eight
Thousand Eight Hundred Twenty-Eight and 00/100 Dollars and ($208,828.00) ('Irrigation
Contract'); and
WHEREAS, Northpoint, pursuant to an October 15, 2015, Letter of Default issued to
Agua Fina, terminated the contract with Agua Fina by correspondence dated October 27, 2015;
and
WHEREAS, NorthPoint, pursuant to authority delegated to them by the Surety for the
Performance and Payment Bond for the Irrigation Project, selected Signature Irrigation to
complete the project; and
WHEREAS, after evaluation and analysis, Northpoint requests approval of, and City staff
recommend and request the Board to approve, Change Order 1 to the Irrigation Contract,
attached hereto as Attachment A and incorporated herein:
WA 8184570.1
Change Order 1:
a) DEDUCT for math error by Agua Fina in adding the Line Items in Alternative C of
bid form incorrectly resulting in a DECREASE in the overall contract total of Two Thousand
Dollars ($2,000.00); and
b) DEDUCT for elimination of fountains from Scope of Work, resulting in a
DECREASE in the overall contract total of Sixty-Six Thousand Six Hundred Eighty and 00/100
Dollars ($66,680.00); and
C) ADD for purchase and installation of Controllers resulting in an INCREASE in the
overall contract total of One Thousand Seven Hundred Sixty Three and 62/100 Dollars
($1,763.62); and
d) ADD for purchase and installation of electrical infrastructure for the Controllers,
resulting in an INCREASE in the overall contract total of Four Thousand One Hundred Thirty
Five and 00/100 Dollars ($4,135.00).
For a total net cost decrease pursuant to Change Order 1 of Sixty Two Thousand Seven
Hundred Eighty One and 38/100 Dollars ($62,781.38) to decrease the overall contract total to
One Hundred Forty Six Thousand Forty Six and 62/100 Dollars ($146,046.62).
WHEREAS, pursuant to Sections 5.5 and 5.6 of that certain Master Development
Agreement ("MDA") dated May 10, 2011, any change orders to the Infrastructure Construction
Documents, which includes the Irrigation Contract, must be approved by the City in order to be
effective; and
WHEREAS, the Board of Aldermen find that Change Order 1 to the Irrigation 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 be 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. It is in the best interest of the City in
order to further the objectives of industrial and economic development of the City as
contemplated by the MDA to approve Change Order 1 for the Irrigation 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 1 to the Irrigation Contract as follows:
2 WA 8184570A
Change Order 1:
a) DEDUCT for math error by Agua Fina in adding the Line Items in Alternative C of
bid form incorrectly resulting in a DECREASE in the overall contract total of Two Thousand
Dollars ($2,000.00); and
b) DEDUCT for elimination of fountains from Scope of Work, resulting in a
DECREASE in the overall contract total of Sixty-Six Thousand Six Hundred Eighty and 00/100
Dollars ($66,680.00); and
C) ADD for purchase and installation of Controllers resulting in an INCREASE in the
overall contract total of One Thousand Seven Hundred Sixty Three and 62/100 Dollars
($1,763.62); and
d) ADD for purchase and installation of electrical infrastructure for the Controllers,
resulting in an INCREASE in the overall contract total of Four Thousand One Hundred Thirty
Five and 00/100 Dollars ($4,135.00).
For a total net cost decrease pursuant to Change Order 1 of of Sixty Two Thousand Seven
Hundred Eighty One and 38/100 Dollars ($62,781.38) to decrease the overall contract total to
One Hundred Forty Six Thousand Forty Six and 62/100 Dollars ($146,046.62).
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. SEVERABILITY CLAUSE. The provisions of this Ordinance are severable
and if any provision hereof is declared invalid, unconstitutional or unenforceable, such
determination shall not affect the validity of the remainder of this Ordinance.
SECTION 4. 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 th Mayor of the City of Riverside, Missouri, this
17th day of May, 2016.
J1 he
Kathleen L. Rose, Mayor
ATTEST:
Robin Kincaid, City Clerk
Ap rS�ed as to form:
Spey(cer-7s,ne LLP
Spe ial Co sel to the City
By Jo ednar
3 WA 8184570.1
EXHIBIT A
Change Order No. 1 Cover Memo
and
Back-up Documents
4
WA 8184570.1
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Net Cwhact Amount Prior to TMa Raguast 8200,028.00
AmO ra Of This Real (802.781.38(
Now contract Amount 8100,010.02
Percent Change In Contract Amount -30.06%
DESIGN ENGINEER: CITY OF RIVERSIDE,MISSOURI:
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CITY OF
" RIVERSIDE
� �.1�� MISSOURI
Upstream from ordinary.
2950 NW Vivion Road
Riverside, Missouri 64150
MEMO DATE: May 11, 2016
AGENDA DATE: May 17, 2016
TO: Mayor and Board of Aldermen
FROM: Travis Hoover
RE: Change Order I: Horizons Phase I — Irrigation (607-005)
NET REDUCTION $62,781.38
BACKGROUND: The original contract for the Horizons Irrigation project was with Agua Fina
Irrigation. Northpoint Development LLC, pursuant to an October 15, 2015,
Letter of Default issued to Agua Fina, terminated the contract with Agua Fina by
correspondence dated October 27, 2015. NorthPoint Development, pursuant
to authority delegated to them by the Surety on the Performance Bond selected
Signature Irrigation to complete the project.
The following changes are recommended by Northpoint Development LLC:
• ($2,000.00) to correct math error on original bid spreadsheet/ contract
amount by Agua Fina Irrigation & Landscaping
• ($66,680.00) to remove the Fountains from the scope of work
• $1,763.62 to furnish and install Irrigation controller
• $4,135.00 to furnish electricity to the Irrigation controller
BUDGETARY IMPACT: Approximately $146,046.62 will be expended out of the Horizons Phase I —
Irrigation budget, for the construction under this contract.
Original Contract Amount $ 208,828.00
Total of Previous Changes $ 0
Total this Change Order ($ 62,781.38)
Current Contract Total $ 146,046.62
RECOMMENDATION: Staff recommends approval of the ordinance and acceptance of the change order
for Horizons Phase I — Irrigation.