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Home My WebLink About1695 Approving Change Order 1 to Beemer Construction Co. Contract for 2019 Mattox and 39th Water Main ExtensionBILL NO. 2019-058 ORDINANCE NO. 1695 AN ORDINANCE AUTHORIZING AND APPROVING CHANGE ORDER NO. 1 TO THE BEEMER CONSTRUCTION CO., INC. CONTRACT FOR THE 2019 MATTOX & 39TH WATER MAIN EXTENSION (PROJECT 618-227) ORIGINALLY AUTHORIZED BY ORDINANCE NO. 1674. WHEREAS, the City previously determined the need for certain infrastructure work necessary to accommodate the doorLink Manufacturing, Inc. ("doorLink") industrial warehousing and distribution facility, as well as other future projects, to be located adjacent to the doorLink site; and WHEREAS, the 2019 Mattox and 39th Water Main Extension 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; and WHEREAS, the City previously approved the 2019 Mattox and 39th Water Main Extension specifications through the passage and approval of Ordinance No. 1663 ("Project No. 618-227"); and WHEREAS, the City and Beemer Construction Co., Inc. ("Beemer"), entered into a contract authorized by and through Ordinance 1674, for the installation and construction of Project No. 618-227 (the "Project Agreement") which is beneficial for other City purposes in exchange for the City paying Beemer no more than Two Hundred Sixty -Five Thousand Eighty -Seven Dollars and No Cents ($265,087.00); and WHEREAS, the staff recommends approval of Change Order No. 1, as described in the Change Order No. 1 Memo attached hereto as Exhibit A and incorporated herein, which increases the authorized expenditure by an additional Twenty -Four Thousand Seven Hundred Eighty and 46/100 Dollars ($24,780.46), for a total amount to be paid pursuant to the Project Agreement not to exceed Two Hundred Eighty -Nine Thousand Eight Hundred Sixty -Seven and 46/100 Dollars ($289,867.46), for Beemer to directional drill the water line under the drive approaches along the west side of Mattox Road, which allows for no disruption of the business as well as a simpler method of dealing with the additional costs of the high groundwater table in Horizons; and WHEREAS, the City has determined that authorization for the aforesaid additional expenditure pursuant to the Project Agreement with Beemer 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, enable the City to direct the development of the entire Horizons site, and otherwise be in the best interests of the City by furthering the health, safety, and welfare of its residents and taxpayers. WA 13870141.1 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. 1. The Board of Aldermen finds that it is in the best interest of the City to approve Change Order No. 1, 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 No. 1 to increase the authorized expenditure to Beemer by an additional Twenty -Four Thousand Seven Hundred Eighty and 46/100 Dollars ($24,780.46), for a total amount to be paid pursuant to the Project Agreement not to exceed Two Hundred Eighty -Nine Thousand Eight Hundred Sixty -Seven and 46/100 Dollars ($289,867.46). SECTION 2 — AUTHORITY GRANTED. The City hereby authorizes the City Administrator and the City Engineer to execute and deliver Change Order No. 1, 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. Further, the City Administrator is hereby authorized to expend an additional Twenty -Four Thousand Seven Hundred Eighty and 46/100 Dollars ($24,780.46), for a total amount paid pursuant to the Project Agreement authorized by and through Ordinance No. 1674, not to exceed Two Hundred Eighty -Nine Thousand Eight Hundred Sixty -Seven and 46/100 Dollars ($289,867.46). SECTION 3 — EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and approval. [Remainder of Page Intentionally Blank] 2 WA 13870141.1 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 19th day of November, 2019. /s/ Kathleen L. Rose Kathleen L. Rose, Mayor ATTEST: /s/ Robin Kincaid Robin Kincaid, City Clerk Approved as to form: /s/ Joe Bednar Spencer Fane LLP Counsel to the City by Joe Bednar 3 WA 13870141.1 EXHIBIT A CHANGE ORDER NO. 1 WITH COVER MEMO 4 WA 13870141.1 CITY OF RIVERSIDE, MISSOURI CHANGE ORDER NO. 1 Date Prepared: 10/29/2019 Page Number: 1 of 1 # of Pgs Attached: 1 Contractor Name: Beemer Construction Co., Inc. Project Name: 2019 Mattox & 39th Water Main Extension Project Number: 618-227 Contract Date: 08/06/2019 Project Location: Riverside, Missouri The following changes to the original contract amount were required to cover cost incurred by the 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 Line Item No. | Contract or Previous Quantity | Contract or Previous Unit Price | Contract or Previous Amount | Unit | Item Description & Reason for Change Order | New or Adjusted Quantity | New or Adjusted Unit Price | New or Adjusted Amount Item Description & Reason for Change Order (Please describe item below and then follow with reason for Change Order) - - - $0.00 - - - - $0.00 1 Directional Drill of the water line for drive approaches along the west side of Mattox Rd. 1.00 $24,780.46 $24,780.46 - - - $0.00 - - - - $0.00 - - - $0.00 - - - - $0.00 - - - $0.00 - - - - $0.00 - - - $0.00 - - - - $0.00 Previous Total $0.00 Adjusted Total $24,780.46 Net Change $24,780.46 Statement of Contract Original Contract Amount $265,087.00 Net Amount of Previous Additions or Deletions $0.00 Net Contract Amount Prior to This Request $265,087.00 Amount of this Request $24,780.46 New Contract Amount $289,867.46 Percent Change in Contract Amount 9.35% DESIGN ENGINEER: Company: Name Printed: Signed: Date: CITY OF RIVERSIDE, MISSOURI: Travis Hoover Signed Date City Administrator: Brian Koral Signed Date CONTRACTOR: CONTRACTOR'S Certification for Change Order: The undersigned CONTRACTOR certifies that all changes described above are necessary in order for the CONTRACTOR to proceed with execution of the contract documents, and that the values stated above are correct with respect to the work anticipated under this change order. Company: Name Printed: Signed: Date: ON-SITE PROJECT MANAGER: ON-SITE PROJECT MANAGER Certification for Change Order: In accordance with the Contract Documents, the on-site observation, and the data comprising this change order, the on-site project manager certifies to the Owner that to the best of the on-site project manager's knowledge, information and belief that the above-referenced changes are necessary in order to proceed with the execution of the contract documents, and that the value stated above are correct with respect to the work anticipated under this change order. Company: Name Printed: Signed: Date: