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HomeMy WebLinkAbout1320 Agua Fina Irrigation & Landscape Horizons Irrigation Project BILL NO. 2014-052 ORDINANCE NO. L3 )D AN ORDINANCE APPROVING AN AGREEMENT BETWEEN NORTHPOINT DEVELOPMENT LLC AND AGUA FINA IRRIGATION & LANDSCAPE, LLC FOR THE INSTALLATION AND CONSTRUCTION OF HORIZONS — IRRIGATION PROJECT WHEREAS, Briarcliff Realty, LLC ('Briarcliff Realty") and the City entered into a Master Development Agreement for the Development of the Briarcliff Horizons Site dated May 10, 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 its 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 ("Northpoint'); and WHEREAS, the Board of Aldermen have authorized Northpoint, through the previously executed MDA, to competitively bid and select a contractor for certain public infrastructure, and have approved of the plans and specifications for the Horizons — Irrigation Project by and through Ordinance No. 1303 passed and approved on April 15, 2014; and WHEREAS, NorthPoint caused to be published pursuant to the MDA and the City Code a request for proposals for public infrastructure improvements for the Horizons — Irrigation Project; and WHEREAS, after evaluation and analysis, Northpoint is recommending that an Agreement in substantially the same form as Exhibit A of this Ordinance, which is attached hereto and incorporated herein, be entered into with Agua Fina Irrigation & Landscape, LLC ("Agua Fina") for the installation and construction of Horizons — Irrigation Project upon satisfaction of certain conditions; and WHEREAS the estimated cost of such installation and construction is Two Hundred Eight Thousand Eight Hundred Twenty-Eight Dollars ($208,828.00) 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 Agua Fina with respect to the installation of such Horizons — Irrigation Project and the Board of Aldermen find it is in the 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 forth below. 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 Agua Fina for the Completion of Horizons — Irrigation Project, in which the City of Riverside, Missouri and the Industrial Development Authority of the City of Riverside, Missouri are Third Party Beneficiaries ("Agreement") in substantially the same form as set forth 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 Special Counsel to the City — Spencer Fane Britt & Browne LLP of satisfaction of the following conditions: a. A performance bond satisfactory to Special Counsel to the City — Spencer Fane Britt & Browne LLP, executed by a surety company authorized to do business in Missouri and having a rating of at least "A-" from Best's, to show it is solvent, in an amount equal to one hundred percent (100%) 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 Special Counsel to the City— Spencer Fane Britt & Browne LLP, executed by a surety company authorized to do business in Missouri and having a rating of at least °A-" from Best's, to show it is solvent, for 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 C. Written certification by the Designated Purchasing Agent for Northpoint to the City Administrator that the requirements of Section 135.090 and 135.100 in regard to Construction Bid Procedures were met by Northpoint. 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 which 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 work on such construction project. Any employee found on a work site without documentation of the successful completion of the course shall be afforded twenty (20) days to produce such documentation before being subject to removal from the project. Agua Fina shall forfeit 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 Agua Fina for each calendar 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, shall specify the prevailing hourly rate of wages for each type of workman needed to execute the Agreement and also the general prevailing rate for legal holiday and overtime work. 2 SECTION 4. AUTHORITY GRANTED. The Mayor, City Administrator, Special Counsel to the City— Spencer Fane Britt & Browne LLP, and other appropriate officials and employees of the City are hereby authorized and directed 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 5. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after the date of its passage and approval. BE IT REMEMBERED that the above was PASSED AND APPROVED by a majority of the Board of Aldermen, and APPROVED by the Mayor of the City of Riverside, Missouri, this 3`' day of June, 2014. i kilthleen L. Rose, Mayor ATTEST:, Robin Littrell, City Clerk App as to form: Sp ncer ane Britt & Browne LLP Spe ' nsel to the City By Joe Bednar 3 EXHIBIT A AGREEMENT 4 CITY OF RIVERSIS2� MISSOURI Upstream from ordinary. 2950 NW Vivion Road Riverside, Missouri 64150 MEMO DATE: May 23, 2014 AGENDA DATE: June 3, 2014 TO: Mayor and Board of Aldermen FROM: Travis Hoover RE: Contract for Horizons Irrigation (607-005) BACKGROUND: The Horizons Irrigation Project was designed by Vireo and consists of installing irrigation along Horizons Pkwy and the entrances to the business and office park. The irrigation will initially be supplied by Missouri American Water with the option of converting to a non-potable system. The project was advertised for bid and three bids were received. BUDGETARY IMPACT: Approximately $208,828.00 will be expended out of the Horizons budget for the construction under this contract. Total Aqua Fina Irrigation $ 208,828.00 Acentric $ 226,996.00 Embassy Landscape $ 337,777.00 RECOMMENDATION: Staff recommends approval of the ordinance and acceptance of the contract with Aqua Fina Irrigation & Landscape, LLC to proceed with work for the Horizons Irrigation Project.