HomeMy WebLinkAbout1425 Mattox Road 41st Street to 40th Project to Gunter Construction Company BILL NO. 2015-052 ORDINANCE NO. A15-
AN ORDINANCE APPROVING THE AWARD OF THE MATTOX ROAD 41st STREET
TO 40th PROJECT (PROJECT 150-219) TO GUNTER CONSTRUCTION COMPANY
AND AUTHORIZING A PROJECT CONSTRUCTION AGREEMENT BETWEEN THE
CITY OF RIVERSIDE, MISSOURI, AND GUNTER CONSTRUCTION IN THE AMOUNT
OF $299,945.00.
WHEREAS, the City previously determined the need for certain infrastructure
work necessary to accommodate the BABRA, LLC, ("BABRA") industrial warehousing
and distribution facility, such work to be known as the "BABRA Infrastructure Project,
as well as other future projects to be located adjacent to the BABRA facility, and;
WHEREAS, the City previously authorized the execution of an Infrastructure
Improvement Agreement with BABRA through the passage and approval of Ordinance
No. 1361; and
WHEREAS, through the passage and approval of Ordinance No. 1416, the City
prohibited public funding of BABRA Infrastructure Project to exceed Four Hundred
Thousand Dollars ($400,000.00); and
WHEREAS, the City previously approved the BABRA Infrastructure Project
specifications through the passage and approval of Ordinance No. 1416 authorizing the
construction of the Mattox Road - 41St Street to 40th Project ("Project No. 150-219");
and
WHEREAS, the City, pursuant to their Code, invited sealed bids for the
construction of Project No. 150-219 and a complete set of the bidding documents
("Project Manual") are on file for examination at the office of the City Engineer at the
Riverside City Hall; and
WHEREAS, after evaluation and analysis of the submitted bids, City Staff is
recommending that a contract be entered into in substantially the same form as Exhibit
A of this Ordinance, which is available for examination in the office of the Riverside City
Clerk and is by reference incorporated herein, with Gunter Construction Company, for
the installation and construction of the Project ("Project Agreement'), upon satisfaction
of the conditions precedent contained within the bidding documents and Project
Agreement; and
WHEREAS, the estimated cost of such installation and construction is Two
Hundred Ninety Nine Thousand Nine Hundred Forty Five Dollars and No Cents
($299,945.00) which costs shall be paid for pursuant to the Infrastructure Improvement
Agreement for the Mattox Road —41St Street to 40th budget ("Project Budget'), and
WHEREAS, any Change Orders that cause the costs of construction of the
Project to exceed Four Hundred Thousand Dollars ($400,000.00) shall be paid pursuant
by BABRA pursuant to the Infrastructure Improvement Agreement authorized pursuan
to Ordinance 1361; and
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BILL NO. 2015-052 ORDINANCE NO.
WHEREAS, the Board of Aldermen, upon satisfaction of certain conditions as set
out below, find it is in the best interest of the City in order to further the objectives of
industrial and economic development of the City, and the Project specifically, to approve
the Project Agreement in substantially the same form as set forth in Exhibit A.
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
and the Mattox Road - 415` Street to 40th Project specifically ("Project No. 150-219"), to
APPROVE the Project Agreement between the City and Gunter Construction Company.
in substantially the same form as set forth in Exhibit A, which is available for
examination in the office of the Riverside City Clerk and is by reference incorporated
herein, for a cost of such installation and construction of Two Hundred Ninety Nine
Thousand Nine Hundred Forty Five Dollars and No Cents ($299,945.00), and said
Project Agreement is hereby approved and authorized for execution by the Mayor, and
further, the City Administrator is authorized to issue a Notice to Proceed to Gunter
Construction Company upon written confirmation by the Special Counsel to the City of
the satisfaction of the following conditions:
a. Gunter Construction has secured and submitted to the City a performance
bond satisfactory to the Special Counsel to the City, 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 (100%") of the portion of the contract that does not include the cost of
operation, maintenance and money; and
b. Gunter Construction has secured and submitted to the City a payment
bond satisfactory to the Special Counsel to the City, executed by a surety company
authorized to do business in Missouri and having a rating of at least "A+" from Best's, or
"AX from Standard and Poor'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. Execution of the Infrastructure Improvement Agreement, Exhibit B, by the
duly authorized representative and signatory of BABRA LLC.
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
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BILL NO. 2015-052 ORDINANCE NO. I qui
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 subject to this section without
documentation of the successful completion of the course required under this section
shall be afforded twenty (20) days to produce such documentation before being subject
to removal from the project. Gunter Construction Company., 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 HB Construction Inc., 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 B of the Agreement, has specified 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.
SECTION 4. AUTHORITY TO EXECUTE. The City and the officers, agents and
employees of the City, including the Mayor, the City Administrator, Special Counsel to
the City, and Finance Director and other appropriate City officials are hereby authorized
to execute the Project Agreement in substantially the same form as set forth in Exhibit A
and to take any and all actions as may be deemed necessary or convenient to carry out
the terms and conditions of the Project 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 Special Counsel to the City.
SECTION 5. SEVERABILITY CLAUSE. The provisions of this ordinance are
severable and if any provision hereof is declared invalid, unconstitutional or
unenforceable, such determination shall not affect the validity of the remainder of this
ordinance.
SECTION 6. EFFECTIVE DATE. This Ordinance shall be in full force and effect
upon and after 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 7Y4 day of July, 2015.
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Kathleen L. Rose, Mayor
ATTEST:
Robin Littrell;Gi y Clerk
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BILL NO. 2015-052 ORDINANCE NO. 142-�S-
Approved as to form:
Spen a ane Britt & Browne LLP,
Specia unset to the City
by Joe Bednar
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