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HomeMy WebLinkAbout1703 Final Payment of Retainage and Close Out of the George J. Shaw Construction Co. Contract BILL NO. 2019-066 ORDINANCE NO. 1703 AN ORDINANCE AUTHORIZING AN AGREEMENT FOR FINAL PAYMENT OF RETAINAGE AND CLOSE OUT OF THE GEORGE J. SHAW CONSTRUCTION CO. CONTRACT 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, 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, (n/k/a "Riverside Horizons") an affiliated entity of Briarcliff Realty, pursuant to Section 12.5(b) of the MDA; 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 20 to the Shaw Contract totaling an additional cost of Eleven Million Eight Hundred Seventy- One Thousand Two Hundred Thirty-Two and 26/100 Dollars ($11,871,232.26); and WHEREAS, NPD and Shaw request approval of, and City staff recommend and request the Board of Aldermen to authorize and approve an agreement for final payment of retainage, and close out of the Shaw Contract ("Shaw Agreement") attached hereto as Exhibit A and incorporated herein; and WHEREAS, the Board of Aldermen find it to be in the best interest 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 Shaw Agreement. WA 9687355.1 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 AUTHORIZE AND APPROVE. The Board of Aldermen finds that it is in the best interest of the City to authorize and approve an agreement for final payment of retainage, and close out of the Shaw Contract ("Shaw Agreement") 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 the Shaw Agreement. SECTION 2. AUTHORITY GRANTED. The City hereby authorizes the Mayor of the City to execute and deliver the Shaw Agreement, consistent with the terms of this Ordinance, Missouri law, and the terms of the Shaw Agreement, 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. 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 24th day of December, 2019. l6fNeen L. Rose, Mayo .., —AT TE T y' ;R6bih-Xj caid:x Cityr Clerk Approved as to form: Spe cer Fane LLP, S ecial a nsel to the City by Joe-Bednar 2 WA 9687355.1 WA 14047748.1 EXHIBIT A SHAW AGREEMENT 3 WA 9687355.1 WA 14047748.1 AGREEMENT This Agreement is entered into on the/z-day of February,2020, by and among the CITY OF RIVERSIDE,MISSOURI,a fourth-class city duly organized and existing under the Constitution and laws of the State of Missouri(the"City"), RIVERSIDE HORIZONS,LLC,a Missouri limited liability company("Riverside Horizons")and NORTHPOINT DEVELOPMENT,LLC,a Missouri limited liability company("NorthPoint Development"). The City, Riverside Horizons,and NorthPoint Development collectively are hereinafter referred to as the"Parties". Whereas,on December 17, 2019,the Parties entered into an Amended and Restated Master Development Agreement("Amended&Restated MDA")that addressed and resolved certain issues that had arisen involving the development and construction of the project commonly referred to as Briarcliff Horizons(the"Project");and Whereas,the George J. Shaw Construction Co("Shaw Construction")was retained as the general contractor for the construction of the Project("Shaw Construction Contract");and Whereas,the City currently holds the sum of$268,000.00 as and for retaining for the work remaining to be completed by Shaw Construction on the Project("Shaw Construction Retainage"); and Whereas,the Parties have agreed upon certain revisions to the scope of the Shaw Construction Contract;and Whereas,to avoid any future misunderstandings or disagreements between the Parties as to the changes to be made to the Shaw Construction Contract,and to insure the Parties are aware of,and agree to,these changes,the Parties hereby agree to the following: 1. The scope of the Shaw Construction Contract shall be revised in accordance with the terms and conditions set forth in Shaw Construction's December 13,2019 email to NorthPoint Development,a copy of which is attached to this Agreement and marked as Exhibit A. Upon execution of this Agreement,Riverside Horizons and NorthPoint Development shall issue a Change Order incorporating these terms and closing out the Shaw Construction Contract("Revised Shaw Construction Contract"). 2. Within seven(7)calendar days of the City's receipt of verification by Terracon Consultants,Inc. ("Terracon")that the work required pursuant to the Revised Shaw Construction Contract has been completed("Engineer's Certification"),the City shall release the total sum of$150,000.00 from the Shaw Construction Retainage. The City shall have no further or additional obligation for the payment for Shaw Construction's work on the Project. 3. Also within seven(7)calendar days of the receipt by Riverside Horizons and NorthPoint Development of the Engineer's Certification, Riverside Horizons and NorthPoint Development will pay {1893/001/MDA/01758704;5} Shaw Construction the sum of$58,000.00,which when combined with the City's release of the sum of $150,000.00 of the Shaw Construction Retainage,will constitute full and final satisfaction of all sums due Shaw Construction under the terms of the Revised Shaw Construction Contract. 4. Upon execution of this Agreement,Riverside Horizons and NorthPoint Development will enter into a contract with HB Construction for certain rock wall repairs to be made in accordance with the requirements set forth in the Terracon Report dated November 12,2019("Rock Wall Repair Work"). A copy of HB Construction's proposal dated December 13,2019 for the Rock Wall Repair Work is attached to this Agreement and marked as Exhibit B. A copy of Terracon Report is attached to this Agreement and marked as Exhibit C. The City will have no obligation to pay for the Rock Wall Repair Work. 5. Within seven(7)calendar days of receipt by Riverside Horizons and NorthPoint Development of Terracon's certification that the Rock Wall Repair Work has been completed,Riverside Horizon and NorthPoint Development shall pay HB Construction for its Rock Wall Repair Work. 6. By entering into this Agreement,the Parties acknowledge and agree that the terms and conditions set forth in the Amended&Restated MDA remain in full force and affect and that said terms are wholly unchanged by this Agreement. {1893/001/MDA/01758704;5} 2 IN WITNESS WHEREOF,the Parties have signed this Agreement as of the date set forth above. THE CITY OF RIVERSIDE,MISSOURI By: kdhleen L. Rose,N ayor RIVERSIDE HORIZONS,LLC, a Missouri limited liability company By: NorthPoint Holdings,LLC, a Missouri limited liability company Its: Manager By: Nathaniel I orn,Manager NORTHPOINT DEVELOPMENT,LLC, a Missouri limited liability company By: Nathaniela rn,Manager {1893/001/MDA/01758704;5} 3 Exhibit A Tlhe information below is GJS's proposed scope of work for the settlement documents composed by Northpoint. Upon completion of the work outlined below,George J.Shaw will be paid in full per the retaivagc breakdown shown below within 1 week after completion. • Spec Building#6- o Cleanup •George J_Shaw Construction will clean up excess pipe and take possession of the pipe to be utilized in the construction of the crossing for the ftre hydrant. r •Northpoint Development will determine who owns any equipment,trailers, mise.steel left on the site and George Shaw will move the trailer to a designated parking spot within the limits of the Horizons Industrial Park_ •Area will be rough graded and dressed up.If stabilization and/or erosion control of this area is required,it will be performed by others outside of George J.Shaw Construction(removed from GJS's scope of work in CO #7.) •Upon completion ofthe area,Northpoint Development will meet with the city of Riverside,confirm the area is acceptable and will remove"Spec Building#6 cleanup"from the list of remaining work.All agreements will be provided by Northpoint Development and issued to George J.Shaw Construction and signed off by the City of Riverside.All documentation will be distributed via email. •Re-distribution of topsoil in this area is excluded as it was removed from GJS's scope ofwork in CO#10 o Erosion •George J.Shaw Construction will add gabion rock to the washout shown in the photo titled"to be completed prior to retainage release" •Over excavation of these areas or work within the ditch south of spec building#6 is not included.These areas will have received added stone to stabilize the area. •if stabilization and/or erosion control of this area is required,it will be performed by others outside of George J.Shaw Construction(removed from GJS's scope of work in CO#7.) •Upon completion of the area,Northpoint Development will meet with the city of Riverside,confirm the area is acceptable and will remove"Spec Building#6 erosion"from the list ofremaining work.All agreements will be provided by Northpoint Development and issued to George J.Shaw Construction and signed off by the City of Riverside.All documentation will be distributed via email. •Re-distribution of topsoil in this area is excluded as it was removed from GJ S's scope of work in CO#l0 • Gate&Crossing for Fire Hydrant z ;1893/001fMD k/0175870d;5; A-4 o George J Shaw Construction will utilize left over piping materials from Spec Building#6 cleanup as culvert pipes to install the crossing shown in the"to be completed prior to retainage release photo".Crossing will be constructed with soil and silt spoils generated by the regrading operation at 43`d street ditch regrading. o Northpoint Development to provide a detail of the dimensions of the crossing required prior to construction beginning. o Gate and fencing will be by others outside of George J. Shaw Construction Co. o Area will be rough graded and dressed up. If stabilization andlor erosion control of this area is required,it will be performed by others outside of George J.Shaw Construction(removed from GJS's scope of work in CO#7.) o Upon completion of the area,Northpoint Development will meet with the city of Riverside,confirm the area is acceptable and will remove"Gate&Crossing for Fire Hydrant"from the list of remaining work.All agreements will be provided by Northpoint Development and issued to George J. Shaw Construction and signed off by the City of Riverside.All documentation will be distributed via email. o Re-distribution of topsoil in this area is excluded as it was removed from GJS's scope of work in CO#10 • 41"Street Ditch Gradins o George J.Shaw will perform re-grading of the area once additional information is provided by Northpoint Development of what is required/what is wrong. o George J. Shaw will not remove any plastic liner in order to complete this work. If additional gabion stone is required to complete this area it will be distributed on top of the existing stone. o Area will be rough graded and dressed up.If stabilization and/or erosion control- of this area is required,it will be performed by others outside of George J.Shaw Construction(removed from GJS's scope of work in CO#7.) o Upon completion of the area,Northpoint Development will meet with the city of Riverside,confirm the area is acceptable and will remove"41"street ditch grading"from the list of remaining work.All agreements will be provided by Northpoint Development and issued to George J.Shaw Construction and signed off by the City of Riverside.All documentation will be distributed via email. 3 :1893/001/MDA/01758704;5: A-5 o Re-distribution of topsoil in this area is excluded as it was removed from GJS's scope of work in CO#10 • 43'Street Ditch Regrading o Re=gradinglmaintenance grading of the north 43`d street ditch will be completed per the elevations provided in the original Riverside Horizons drawings.Grading will take place in and around the culverts/crossing installed by others along with the new crossing installed by GJS. o Dewatering will dictate the scheduling of this work as it cannot be done with the standing water in the ditch. o All silt/spoils generated by this activity will be spread out on the north side of the existing ditch.George J. Shaw Construction will not be required to haul spoils off or to any designated locations onsite. o Area will be rough graded and dressed up. If stabilization and/or erosion control of this area(or additional area where spoils are spread)is required,it will be performed by others outside of George J. Shaw Construction(removed from GJS's scope of work in CO#7.) o Upon completion of the area,Northpoint Development will meet with the city of Riverside,confirm the area is acceptable and will remove"43n1 street ditch regrading"from the list of remaining work.All agreements will be provided by Northpoint Development and issued to George J. Shaw Construction and signed off by the City of Riverside.All documentation will be distributed via email. o Re-distribution of topsoil in this area is excluded as it was removed from GJS's scope of work in CO#10 • Stacked wall repair at failure o As previously discussed George J. Shaw Construction will not complete the work associated with the stacked wall failure but will provide a credit of$60,000 which is the estimate from the Terracon Report. Please note the following: ■The"failure"is not due to constructability as it has stood in place along with numerous feet of other walls throughout the site for 5+years and is outside the contractual warranty period. 4 ;1893/OOIMDA/01758704;5; A-6 ■Following"a top five wettest year"in the history of Kansas City,we feel the issue with the wall is an issue created by"an act of god"and/or water table fluctuation. ■Compromising the liner in this area will require mobilization of the liner contractor for extremely minor work(compared to their original scope). ■ GJS believes it would be prudent to leave the wall area untouched and monitor for any additional movement. Following Completion of the"5"items and scopes identified above and providing a wall credit of$60,000.00, GJS will.receive the following retainage value within 1 week of completion. Retainage Value Owed to George J. Shaw Construction from the original contract $268,000.00 Retainage Value to be issued by the City of Riverside S 150,000.00 Retainage Value to be issued by Northpoint Development $118,000.00 Wall repair credit <$ 60,00 0.00> Total Value of Retainage due to GJS within I week of the 5 items doted above $208,000.00 Please do not hesitate to contact us with any questions or comments. s 1893!001/MDA/01758704;5; A-7 Thanks, Mark R.Teahan,V.P. George J. Shaw Construction Co. 1601 Bellefontaine Ave. Kansas City,MO 64127 816-231-8200 816-231-8203(Fax) 6 ;1893/001MDA/01758704;5 A-8 Exhibit B HB Construction 0 0 15955 NAV 120th Street Platte City,Mo 64079 Phone: 816330.3600 Date: 12/13/2019 Job Name: Horizons Wall Failure ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AXIOUNT 10 Cap Irr @ Cntrl Boxes&Repair after Wall Repair 1.00 LS 4,890.00 3,890.00' 20 Remove&Replace Sidewalk 1.00 LS 5,300.00 5,300.00 30 Pump Down Pond West of Spec 7 1.00 LS 7,190.00 7,190.00 40 Remove Wall&Haul Off Material by Spec 9 1.00 LS 8,950.00 8,950A0 50 Concrete Footing,Flowable Fill,Conc Pump 1.00 LS 3,100.00 3,100.00 60 Supply 100 Tons of New Stacking Rock 1.00 LS 7,822.00 7,822.00 70 Restack Wall 1.00 LS 12,125.00 12,125.00 80 300 Tons of 1/2"Clean with Filter Fabric 1.00 LS 7,065.00 7,065.00 90 Final Grade with Seed&Straw Matting 1.00 LS _ 3,950.00 3,950.00 100 1 Traffic Control 1.00 LS 1,200.00 1,200.00 GRAND TOTAL 561592.00 NOTES= An additional pump may be required. If needed will be an additional charge. City of Riverside to install the Sidewalk Closed Signs. If some of the existing wall material can be salvaged and used for the new wall,a credit will be given. Page i.of 1 11893/001/MDA/01758704;5 I B-9 Exhibit C Irerracon November 12,2019 NorthPoin:Development 4825 NW 41, Street,Suite 500 Riverside.Missouri 64150 Attn Mr John Thomas Re: Geotechnical Consultation Limestone Block Retaining Wall Failure-Horizons Horizons Parkway and NW 42'"Street Riverside,Missouri Terracon Project Number:02195290 Dear Mr Thomas As requested by Nor hPoint Development (NorthPoint), a senior geotechnical engineer from Terracon Consultants, Inc (Terracon) visited the Horizons development on November 5, 2019 to observe the failed portion of the limestone block retaining wall along the west edge of the pond at the southeast comer of Horizons Parkway and NW 42' Street 1n Riverside, Missouri. This letter summarizes our observations and professional opinions The approximate location where movement of a portion of the wall has occurred is shown in the foNowing aerial photographs(Figures ' and 2). • 1, 1 r `f LX f A 1 Figure 1 Terracon CINSLI:ar;S.Inc. 15620 W 1131^Street Lenexa.KS 66219 P 19131 492 7777 Ierracon corn Environmental r 11893/001/MDA-01758704;5 t C—10 Geotechnical Co aNeuman Limestone Bioci<Rataining Retaining Wall Failure Horizons Riverside.Missouri November 12,2019.Terracon Project No 02195290 ■arm r 7 r.s N"'UftAW 46 Ir a t, t _ Figure 2 Terracon understands the dry-stack limestone block retaining walls along the perimeters of the ponds at the Horizons development were constructed according to the detail shown in Figure 3 (excerpted from the Olsson Associates plan sheet titled "Typical Wall Section, Retaining Wall Plans. Horizons, Highway 9 & Honzons Parkway, Riverside, Missouri," Sheet No. RW212, dated 8/9/2013. Responsive a Resourceful ■Reliable 2 11893/001/MDA/01758704;5 1 C-1 I Geotechnical Consultation 1rerracon Limestone BIOCK Retaining Wail Failure-Horizons•Riverside,Missoun November 12,2019 s Terracon Project No 02195290 I 1 :Usr9ri.scr- .r r.au�t•v�ef o. ��m.i�m Figure 3 An approximately 100-foot long section of the wall(along the west side o`the pond)has failed. Based on our observations and our experience with similar failures, this portion of the wall exhibits movement and deformation typical of a classic rotational failure, in which the base of the wall moved downward and outward toward the pond. It is apparent that this failure occurred due to failure/movement of soft foundation soils below the base of this portion of the wall We did no* observe other likely circumstances that would have contributed to the failure (such as excess surcharge loading above the wall,failure of drainage measures behind the wall,etc.). The current condition of the failed portion of wall is shown in the following photographs(Figures 4,5,6,and 7).taken during Terracon's site visit on November 5,2019 Responsive•Resourceful •Reliable 3 11893!001/MDA/01758704;5; C-12 Geotechn Limestone Bl Consultation 1�erracon Limestone Block Retaining Wall Failure-Horizons•Riverside.Missouri November 12,2019•Terracon Project No.02195290 is . �r�' f� C' �•t�r = ,�,;,yam� �'C zti - _ Figure 4(looking west at the failed portion) v � Z x Figure 5(looking north along the failed portion) Responsive•Resourceful •Reliable 4 I IR93,001 IDAM758704;5 I C-13 Geotechnical Consultation1�erracon Limestone Block Retaining Wa I Failure-Horizons.Riverside.Missouri November 12,2019.Terracon Project No.02195290 � a - k�f Figure 6(looking north along the failed portion) • 1 Figure 7(looking south along the failed portion) Responsive■Resourceful a Reliab e 5 I I%93i001/MDA 01758704;5: C-14 LiGeotechnicalstoneBlock Consultation 1 rerracon Limestone Block Retaining Wall Failure-Horizons®Riverside,Missouri November 12,2019 e Terracon Project No.02195290 During our November 5, 2019 site visit, a Terracon senior geotechnical engineer walked the perimeters of the ponds in the Horizons development. We did not observe signs of current failures or incipient failures, such as bulging/movement of wall blocks or tension cracks above the walls,at other locations within the Horizons development.Based on our observations,we do not anticipate that similar failures of the dry-stack limestone block retaining walls are likely to occur in other areas of the development. Based on our observations and our experience with similar wall failures, it is our professional opinion that no exploratory borings, soil sampling, or laboratory testing are needed to further analyze the wall failure. The determination of the necessary extents of removal and replacement of wall foundation soils should be performed by the geotechnical engineer during repair of the wall. We recommend the following sequence be implemented to repair the failed portion of wall: ® Remove the limestone blocks from the failed portion of the wall and for a lateral distance of at least 10 feet north and south of the failure.Temporarily store these blocks away from the failure area for re-use in the reconstructed section of the wall. ® Excavate the failed/soft wall foundation soils to expose the underlying stiff clay soils. A Terracon geotechnical engineer should observe this excavation, and the geotechnical engineer should verify that soft, unstable soils have been removed from the base of the excavation and that stiff,suitable foundation soils have been exposed prior to backfilling. ® The type of backfill material to be placed in the excavation will depend on the water conditions in the excavation. ® If the excavated area can be temporarily dammed to limit water flowing in from the pond,the excavation could be backfilled with flowable fill(minimum fc of 500 psi). • Alternately,clean(less than 5%passing the#200 sieve)crushed limestone aggregate could be used to backfill the excavation. Aggregate that meets the requirements for Grade 5 in Section 1009 — Aggregate for Drainage of the Missouri Standard Specification for Highway Construction would meet these criteria; if an alternate gradation is planned, Terracon should review and approve the proposed gradation prior to use. Aggregate fill should be placed in approximately 8-inch thick lifts, and each lift should be compacted by repeated passes of a vibratory plate compactor or a trackhoe-mounted vibratory plate("hoe-pack"). Since density testing using a nuclear moisture-density gauge does not produce consistent data on clean crushed stone aggregate, a Terracon representative would need to visually verify that suitable compaction is achieved on each lift of fill. ■ If water seepage into the excavated area cannot be adequately limited, the excavation should be backfilled with low-slump concrete that is pumped to the base of the excavation through a tremie pipe. The concrete mixture should be designed for compatibility with underwater placement. Responsive®Resourceful®Reliable g 11893/00 IMDA/01753704;5; C-15 Consu Geotechnical kRetaining 1rerrac®n Limestone Block Retaining Wall Failure-Horizons®Riverside,Missouri November 12,2019 a Terracon Project No.02195290 ® Backfilling to reach the planned bottom-of-wall elevation should be completed within 1 day after suitable foundation soils have been exposed. It may be necessary to perform the overexcavation and backfilling in limited segments,rather than the entire length of the failed section, to ensure that the overexcavation and backfill can be completed within the recommended timeframe. ■ Once the backfill (concrete,flowable fill, or compacted aggregate) has been placed to the planned bottom-of-wall elevation, the retaining wall should be constructed above the new foundation materials in accordance with the wall section shown on the original plan sheet excerpted above. Backfill behind the wall should consist of"clean washed 1" gravel'as shown on the referenced plan sheet or an alternate free-draining aggregate such as MoDOT Section 1009 Grade 5. We appreciate the opportunity to be of service to you on this project. If you have any questions regarding this letter,or if we may be of further assistance to you,please contact us. Sincerely, Terracon Consultants,Inc. of MIS Kole C.Berg,P.E. r : —•— '•.�'Q�•`; KeviKOLE n D.Fnedrichs,P.E. Senior Engineers .;L Project Engineer Missouri:PE-2002016417 = Missouri:PE-2013010325 = NUMBER t� PE-7=016457•/- AL 11/12/19 Responsive a Resourceful®Reliable 7 ,1893/001MDAi01753704;5 1 C-16