HomeMy WebLinkAbout1254 City Administrator to Negotiate Purchase of Stacking RockBILL NO. 2013-079 ORDINANCE NO. 1 asy
AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR TO NEGOTIATE
FOR THE PURCHASE OF STACKING ROCK FOR THE CITY OF RIVERSIDE
WHEREAS, the City of Riverside Missouri, (the "City ") has been working to provide
for the efficient and orderly development, operation and management of a
retail /commercial/industrial development of the Riverside Horizons Area ( "Area ") for the benefit
of the citizens of the City; and
WHEREAS, the City has determined that the development of the Area as provided,
fulfills a public purpose and will further the growth of the City, facilitate the development of the
Area, improve the environment of the City, increase the assessed valuation of the real estate
situated within the City, increase the sales tax revenues realized by the City, foster increased
economic activity within the City, increase employment opportunities within the City, enable the
City to direct the development of the Area, and otherwise be in the best interests of the City by
furthering the health, safety, and welfare of its residents and taxpayers; and
WHEREAS, Briarcliff Realty, LLC, a Missouri limited liability company, now known as
Riverside Horizons, LLC (the "Developer ") and the City entered into that certain Master
Development Agreement dated as of May 10, 2011, (the "MDA ") which provides for, among
other items, the construction of Infrastructure Improvements within the Horizons Site (as defined
in the MDA); and
WHEREAS, the Developer, pursuant to Section 12.5(b) of the MDA, 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 ");
and
WHEREAS, the Exhibit C of the MDA included a general description of the Phase I
Infrastructure Improvements; and
WHEREAS, the MDA Section 5.2 requires NPD to present to the Board of Aldermen,
and receive the approval of the Board of Aldermen, the Infrastructure Construction Plans for
each Infrastructure Phase and any amendments thereto; and
WHEREAS, construction of a portion of the Phase I Infrastructure Improvements were
approved by the City on November 1, 2011; and
WHEREAS, in Ordinance No. 1242, the City amended the detailed specifications for the
use of stacking rock in the Phase I Infrastructure Improvements related to the ponds and canals;
and
WA4586026.DW 4595M
WHEREAS, on two separate occasions, in March and August of 2013, the City issued an
Invitation to Bid for Horizons Phase I — Stacking Rock ( "ITB ") based on the detailed
specifications; and
WHEREAS, following the March bid closing the City received only one bid, and
following the August bid closing the City received only two bids; and
WHEREAS, the City rejected the three bids submitted in response to the two invitations;
and
WHEREAS, the City is aware of the potential availability of lower prices for the
stacking rock as specified than those prices submitted in the rejected bids; and
WHEREAS, the Board of Aldermen find it in the best interest of the City to authorize
the City Administrator to negotiate with a single entity to supply and deliver the stacking rock at
a lower fair market price than the prices returned through the ITB process; and
WHEREAS, the Board of Aldermen further desire to direct the City Administrator to
submit the proposed Agreement with any proposed supplier to the Board of Aldermen for final
approval for execution of the Agreement.
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 THE CITY
ADMINISTRATOR TO NEGOTIATE WITH A SINGLE ENTITY. It is in the best interest
of the City, in order to further the objectives of industrial and economic development of the City,
to authorize the City Administrator to negotiate for the purchase and delivery of stacking rock
for the Phase I Infrastructure Improvements within the Horizons East Site in coordination with
the General Contractor. The stacking rock must conform to the City's specifications and shall be
purchased and delivered for a lump sum fee of less than the unit price submitted in any of the
three responses to the City issued ITB's. The City Administrator shall submit the proposed
Agreement with the proposed supplier to the Board of Aldermen for final approval.
SECTION 2 — AUTHORITY GRANTED. The Mayor, City Administrator, City Attorney,
Special Counsel, and other appropriate officials and employees of the City are hereby authorized
to take such further action as may be deemed necessary or convenient to negotiate for the
purchase and delivery of stacking rock and comply with the intent of this Ordinance on behalf of
the City.
SECTION 3 — INFORM BOARD OF ALDERMEN PRIOR TO CONTRACTING
Following the completion of the City Administrator's negotiations, the City Administrator shall
report the outcome of the negotiations to the Board of Aldermen and submit any proposed
Agreement that is an outcome of said negotiations. If the Board is satisfied with the proposed
Agreement the Board shall authorize the execution of the Agreement for the purchase and
delivery of the stacking rock that they deem to be in the best interests of the City.
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SECTION 4 - 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 te-day of October, 2013.
Kathleen L. Rose, Mayor
Robin Littrell, Cify Clerk
Appred as to form: —
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Spehcer INne Britt & Browne LLP
Specs unsel to the City
by Joe Bednar
3 WA 4586026.1