Loading...
HomeMy WebLinkAbout1653 Amend Ordinance 1646 and Award Mattox & 39th Project to Hoy Excavating BILL NO. 2019-016 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE 1646 AND APPROVING THE AWARD OF THE MATTOX & 39TH PROJECT (PROJECT 618-227) TO HOY EXCAVATING, LLC AND AUTHORIZING A PROJECT CONSTRUCTION AGREEMENT BETWEEN THE CITY OF RIVERSIDE, MISSOURI, AND HOY EXCAVATING, LLC IN THE AMOUNT OF $1,754,468.00. WHEREAS, the City previously determined the need for certain infrastructure work necessary to accommodate the doorLink Manufacturing, Inc. ("doorLink") industrial warehousing and distribution facility, as well as other future projects, to be located adjacent to the doorLink site; and WHEREAS, the Mattox and 39th Project 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 be in the best interests of the City by furthering the health, safety and welfare of its residents and taxpayers; and WHEREAS, the City previously approved the Mattox & 39th Project specifications through the passage and approval of Ordinance No. 1646 ("Project No. 618-227") which also authorized the City Staff to seek competitive bids on Project No. 618-227; and WHEREAS,Ordinance No. 1646 referenced a"not to exceed"amount of Four Hundred Thousand Dollars ($400,000), which has proven to be insufficient for the required specifications; and WHEREAS, the City, pursuant to City. Code, invited sealed bids for the construction of Project No. 618-227, and a complete set of the bidding documents ("Project Manual"), which include the specifications available at https:Hplanroom.drexeltech.com (see Mattox & 39th Project (Proj. 618- 227)) 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 Hoy Excavating, LLC, for the installation and construction of Project No. 618-227 (the "Project Agreement"), upon satisfaction of the conditions precedent contained within the Project Manual and Project Agreement; and WHEREAS, the estimated cost and low bid of such installation and construction is One Million Seven Hundred Fifty-Four Thousand Four Hundred Sixty-Eight Dollars and No Cents ($1,754,468.00); and 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 Project No. 618-227 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 to amend Ordinance No. 1646 by increasing the not to exceed amount to Two Million Dollars and No Cents ($2,000,000.00), and to further APPROVE the Project Agreement in substantially the same form as set forth in Exhibit A attached hereto and incorporated herein, and said Project Agreement is hereby approved and authorized for execution by the Mayor in the amount of One Million Seven Hundred Fifty-Four Thousand Four Hundred Sixty-Eight Dollars and No Cents ($1,754,468.00), with final costs thereunder (for change orders and other modifications and contingencies) not to exceed Two Million Dollars and No Cents ($2,000,000.00), with the issuance of the Notice to Proceed authorized to be approved by the City Administrator upon written confirmation by Special Counsel to the City of satisfaction of the conditions precedent set forth in the Project Manual and Project Agreement. SECTION 2. CONSTRUCTION SAFETY PROGRAM. Project No. 6187227 is subject to the requirements of Section 292.675 RSMo, which requires all contractors or subcontractors doing work on Project No. 618-227 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 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. Hoy Excavating, LLC, shall forfeit as a penalty to the City the sum of Two Thousand Five Hundred Dollars ($2,500.00), plus One Hundred Dollars ($100.00) for each employee employed by Hoy Excavating, LLC or its subcontractors, for each calendar day, or portion thereof, such employee is employed without the required training. SECTION 3. PREVAILING WAGE. Project No. 618-227 is subject to the requirements of Section 290.250 RSMo, which requires the payment of prevailing wage. The City, in Exhibit C of the Project Agreement, has specified the prevailing hourly rate of wages for each type of workman needed to complete Project No. 618-227 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. WA 12837368.2 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 16th day of April, 2019. Kat een L. Rose, Mayor AT J Robin Kincaid; City Clerk Approved as to form: S, enc r Fane LLP, Special Counsel to the City by Joseph P. Bednar WA 12837368.2 EXHIBIT A PROJECT AGREEMENT (see attached) WA 12837368.2