HomeMy WebLinkAbout1168 Agmt NorthPoint and Gunter for Horizons Phase I Landscape BILL NO. 2012-076 ORDINANCE N0.1 /�p �
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN NORTHPOINT
DEVELOPMENT LLC AND GUNTER CONSTRUCTION COMPANY FOR THE
INSTALLATION AND CONSTRUCTION OF HORIZONS PHASE I LANDSCAPE,
SIGNAGE & OBELISK 1NFRASTRUCTURE
WHEREAS, Briarcliff Realty, LLC, (`Briazcliff Realty") and the City entered into a
Master Development Agreement for the Development of the Briarcliff Horizons Site dated May
]0, 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 iYS 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 ("NorthPoinP'); and
WHEREAS, the Board of Aldernlen have authorized NorthPoint, through the previously
executed MDA, to competitively bid and select a Contractor for certain public infrastructure; and
WHEREAS, NorthPoint caused to be published pursuant to the MDA and the City Code
a request for proposals for public infrastructure improvements known as Horizons Phase I
Landscape, Signage & Obelisk; and
I
WHEREAS, after evaluation and analysis, NorthPoint is recommending that an
Agreement in substantially the same fonn as Exhibit A of this Ordinance, which is attached
hereto and incorporated, be entered into with Gunter Construction Company ("Gunter") for the
installation and construction of Horizons Phase I Landscape, Signage & Obelisk Infrastructure
upon satisfaction of certain conditions; and
WHEREAS the estimated cost of such installation and construction is Three Hundred
Seventy Two Thousand Eight Hundred Twenty Three Dollars and Fifry Cents ($372,823.50)
which cost will be shared by the City and NorthPoint as provided for under the terms and
conditions of the MDA: and
WHEREAS, the parties desire to establish the rights and responsibilities of NorthPoint,
the City, and Gunter with respect to the installation of such Horizons Phase I Landscape, Signage
& Obelisk Infrastructure and the Board of Aldern�en find it is in tl�e best interest of the City to
approve the Agreement in substantially the same form as set forth in Exhibit A attached hereto
and incorporated herein, upon satisfaction of certain conditions as set out below.
WA 38932632
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 consent to an Agreement Between NorthPoint and Gunter
Construction Company for the Completion of Horizons Phase I Landscape, Signage, & Obelisk,
in which the City of Riverside, Missouri and the Industrial Development Authority of the City of
Riverside, Missouri are Third Party Beneficiaries ("AgreemenP') in substantially the same form
as set fonh in Exhibit A attached hereto and incorporated herein, and said Agreement is hereby
approved and authorized for execution by the Mayor with issuance of the Notice to Proceed
authorized to be approved by the City Administrator upon written confirmation by the City
Attorney of satisfaction of the following conditions:
a. A performance bond satisfactory to the City Attorney, executed by a
surety company authorized to do business in Missouri and having a rating of at least
"A+" from Best's, or "AA" from Standard and Poor's, to show it is solvent, in an amount
equal to one hundred percent (] 00%") of the portion of the contract that does not include
the cost of operation, maintenance and money; and
b. A payment bond satisfactory to the City Attorney, executed by a surety
company authorized to do busiuess in Missouri and having a rating of at least "A+" from
Best's, or "AA" from Standard and Poor's, to show it is solvent, far the protection of all
persons supplying labor and material to the contractor or its subcontractors for the
performance of construction work provided for in the contract. The bond shall be in an
amount equal to one hundred percent (100%") of the portion of the contract price that
does not include the cost of operation maintenance and money; and
a Written certification by the Designated Purchasing Agent for NorthPoint
to the City Administratar tliat the requirements of Section 135.090 and 135.100 in regard
to Construction Bid Procedures were met by NorthPoint; and
d. Written certification from the President of Riverside Horizons LLC that
proper assignments have been made pursuant to Section 12.5(b) of the MDA.
SECTION 2. CONSTRUCTION SAFETY PROGRAM. The project is subject to the
requirements of Section 292.675 RSMo, which requires all contractors or subcontractors doing
work on the project to provide a ten-hour Occupational Safety and Health Administration
(OSHA) construction safety program for their on-site employees wbich includes a course in
construction safety and health approved by OSHA or a similar program approved by the
department which is at least as stringent as an approved OSHA program, unless such employees
have previously completed the required program. All employees who have not previously
completed the program are required to complete the program within sixty 60 days of beginning I
work on such construction project. Any employee found on a work site subject to this section
without documentation of the successful completion of the course required under subsection 2 of
this section shall be afforded twenty (20) days to produce such documentation before being
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subject to removal from the project. Gunter Construction Company shall farfeit as a penalty to
the City Two Thousand Five Hundred Dollars ($2,500.00) plus One Hundred Dollars ($100.00)
for each employee employed by Gunter Construction Company for each calendaz day, or portion
thereof, such employee is employed without the required training.
SECTION 3. PREVAILING WAGE. The project is subject to the requirements of
Section 29.250 RSMo, which requires the payment of prevailing wage. The City, in Exhibit C of
the Agreement, has specified the prevailing hourly rate of wages for each type of warkman
needed to execute the Agreement and also the general prevailing rate for legal holiday and
overtime work.
SECTION 4. AUTHORITY GRANTED. The City and the officers, agents and
employees of the City, including the Mayor, the Ciry Administrator, the Ciry Attomey, and
Finance Director and other appropriate City officials are hereby authorized to execute in an
Agreement in substantially the same form as set forth in Exhibit A, attached hereto and
incorporated herein, and to take any and all actions as may be deemed necessary or convenient to
carry out the terms and conditions of such Agreement and comply with this Ordinance and the
City Clerk is authorized to attest thereto upon satisfaction of the above conditions precedent as
confirmed by the City Attorney.
SECTION 5. EFFECTIVE DATE. This Ordinance shall be in ful] force and effect
upon and afrer 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 �- t�' day of December, 2012.
PASSED AND APPROVED, this � day of!'l�� - , 2012.
� �•
Mayor Kathleen L. Rose
ATTEST -
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�-�.�,�� � � o p�
Ciry Clerk ' �
Appry,ed as to Form
\
Spe egal Counsel
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EXHIBIT A
AGREEMENT BETWEEN NORTHPOINT DEVELOPMENT, LLC,
AND
GUNTER CONSTRUCTION COMPANY
FOR COMPLETION OF
HORIZONS PHASE I LANDSCAPE, SIGNAGE & OBELISK
Third Party Beneficiaries:
City of Riverside
And
The Industrial Development Autharity of the City of Riverside, Missouri
(SEE ATTACHED)
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