HomeMy WebLinkAbout1540 CO 20 Braircliff Realty & George Shaw Construction $11,871,232.26 BILL NO. 2017-038 ORDINANCE NO. L.� b
AN ORDINANCE AUTHORIZING AND APPROVING CHANGE ORDER 20 TO THE
AGREEMENT BETWEEN BRIARCLIFF REALTY, LLC AND GEORGE J. SHAW
CONTRUCTION CO., RESULTING IN AN APPROVED REVISED CONTRACT AMOUNT OF
$11,871,232.26
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, among other items, the construction of 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 1 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, Briarcliff Realty competitively bid the
Infrastructure Project (as defined in the MDA) and subsequently submitted its recommendation
to the City to award a portion of the project known as Horizons Earthwork / Site Utilities (City
Project No. 607-001)to George J. Shaw Construction Co. ("Shaw"); and
WHEREAS, on or about November 1, 2011, the Board of Aldermen approved Shaw as
the contractor to perform construction services related to the Earthwork portion of Horizons
Earthwork/Site Utilities; and
WHEREAS, on or about December 1, 2011, Briarcliff Realty entered into an agreement
with Shaw to perform construction services related to a portion of the Horizons Earthwork / Site
Utilities in an amount not to exceed Seven Million Three Hundred Thirty Thousand Four
Hundred Seventy-Seven Dollars ($7,330,477.00) ("Shaw Contract'); and
WHEREAS, 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, 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
and
WHEREAS, on or about August 17, 2012, RH 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 of Aldermen has previously approved Change Orders 1 through
19 to the Shaw Contract totaling an additional cost of Eleven Million Eight Hundred Seventy-
Seven Thousand Five Hundred Forty-Five and 22/100 Dollars ($11,877,545,22); and
WA 9683378.1
WHEREAS, the Board of Aldermen previously approved Change Order No. 17 for
providing Additional Public Infrastructure at an anticipated cost of 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)
was to 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 actual cost of the Additional Public Infrastructure was Six Thousand
Three Hundred Twelve and 96/100 ($6,312.96) less than the anticipated cost included in
Change Order No. 17; and
WHEREAS, NPD and Shaw request approval of, and City staff recommend and request
the Board of Aldermen to approve, the following Change Order 20 to the Shaw Contract
("Change Order 20) attached hereto as Exhibit A and incorporated herein: Decrease of Six
Thousand Three Hundred Twelve and 96/100
a) For a total net cost DECREASE pursuant to Change Order 20 of SIX
THOUSAND THREE HUNDRED TWELVE and 96/100 ($6,312.96) to
decrease the overall contract total to ELEVEN MILLION EIGHT
HUNDRED SEVENTY-ONE THOUSAND TWO HUNDRED THIRTY-
TWO and 26/100 Dollars ($11,871,232.26)for Shaw; 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 20.
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 No. 20.
The Board of Aldermen finds that it is in the best interest of the City to approve Change Order
20, attached hereto as Exhibit A and incorporated herein, 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, and the
Board of Aldermen does hereby approve Change Order 20 as follows: Change Order 20 to the
Shaw Contract resulting in a net DECREASE of $6,312.96 and a revised contract amount of
$11,871,232.26 is hereby authorized, ratified and approved Change Order 20 for a total net
cost DECREASE pursuant to Change Order 20 of SIX THOUSAND THREE HUNDRED
TWELVE and 96/100 ($6,312.96) to decrease the overall contract total to ELEVEN MILLION
EIGHT HUNDRED SEVENTY-ONE THOUSAND TWO HUNDRED THIRTY-TWO and 26/100
Dollars ($11,871,232.26)for Shaw.
SECTION 2. AUTHORITY GRANTED. The City hereby authorizes the Mayor of the
City to execute and deliver the Sixth Amendment and Change Order 20, 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 cavy out and comply with the intent of
2 WA 9683378.1
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.
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 16"' day of May, 2017.
K hleen L. Rose, Mayor
ATTEST:.
,Robin Kincaid,,Citi Clerk
o \ Approved as to form:
S c Fane LLP,
pecia�Bedn
sel to the City
Joer
3 WA9683378.1
EXHIBIT A
COVER MEMO AND CHANGE ORDER 20
4 WA 9683378.1
CITY OF Exhibit A
RIVERS
MISSOURI
upstream from om1wry.
2950 NW Vivion Road
Riverside, Missouri 64150
MEMO DATE: May 05, 2017
AGENDA DATE: May 16, 2017
TO: Mayor and Board of Aldermen
FROM: Travis Hoover
RE: Change Order 20: SHAW CONSTRUCTION
Horizons Earthwork& Site Utilities (607-001)
BACKGROUND: This Change Order is a reduction in costs for the Spec V project.
BUDGETARY IMPACT: A reduction in cost of $6,312.96 for Change Order 20 will result in a total
amount of$11,871,232.26 for Shaw Construction.
Original Contract Amount $ 7,330,477.00
Total of Previous Changes $4,547,068.22
Total this Change Order ($ 6,312.96)
Current Contract Total $ 11,871,232.26
RECOMMENDATION: Staff recommends approval of the ordinance and acceptance of the change order
with George Shaw Construction for Horizons Earthwork&Site Utilities.
DoouSign Envelope ID A9DOBEEO-3A17-4C6B-8F87-EOBD15824E57 Exhibit A
„�CITY OF,nC CHANGE ORDER NO. 20 vXa N~ 1d 1
w91oua1 Contractor Neme: George J.Shaw CO, o.LR.wrw.513/17
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Ad;uated Total p8312,981
Net Change ($6.312.901
Oripinel Cgneed Amoum $7.330.477 OD
Net Armminl of Pmvloue Addli and Deduollona $4.5/7,065.22
Net Contract Amount Pnor to Title Requwl $11,877,46.22
Amount of TNa Requeet ($6.312.90)
New CoMrad Amwnt $11,671,232.26
Pefoenl Change In CaNrad Amount .0.05%
DESIGN ENGINEER: CITY OF RIVERSIDE,MISSOURI:
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