HomeMy WebLinkAboutOrdinance 3497 7t C ( IFah C (1 ^ RECORD
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' ,90 HUG 9 Pel 2 42
ORDINANCE NO . 3497 WASli : i, v ; ter, 00 AR
A . K0LL ;JEYER
AN ORDINANCE WAIVING THE REQUIREMENTS OF
COMPETITIVE BIDDING AND AWARDING A CONTRACT TO
LINDSEY CONSTRUCTION COMPANY FOR THE
CHANNELIZATION OF CLABBER CREEK AND .4fOF A ,Tye
1'Yd
PROJECT , BUDGET ADJUSTMENT TO COMPLET IZI A FrE,)
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE , ARKANSAS :
i
Section 1 . The Board of Directors hereby waives the
requirements of competitive bidding for channelization of Clabber
Creek ( Industrial Park North ) for the reason that said
requirements are not feasible or practical in order to commence
and complete the channelization in a prompt and efficient manner .
Section 2 . That the Mayor and City Clerk are authorized
and directed to execute a contract with Lindsey Construction
Company for channelization of Clabber Creek . A copy of the
contract authorized for execution is attached hereto marked
Exhibit " A " and made a part hereof .
Section 3 . That the Board of Directors hereby approves
the budget adjustment in the amount of $ 20 , 000 . 00 for completion
of said project . A copy of the budget adjustment for approval is
hereby attached hereto marked Exhibit "B" and made a part thereof .
Section 4 . The Board of Directors hereby determines that
the immediate channelization of Clabber Creek in the Industrial
Park North being necessary for the public health , safety and
weLfare of the public and hereby determines that the immediate
passage of this ordinance is necessary to provide for said
project . Therefore , an emergency is hereby declared to exist and
this ordinance being necessary for the public health , safety and
welfare shall be in full force and effect from and after its
passage and approval .
PASSED AND APPROVED this 7th day of August 1990 .
APPROVED :
Mayor
AT`TE T .!
? `.Q ' C1 tk rte+
k. i . ,. , Lim 1379PAGEnM
Attachment "A"
CONTRACT
1 . This CONTRACT executed this 7thday of Aucrust
1990 , by and between the City of Fayetteville , hereinafter called
the "City" and Lindsey Construction , Inc . , the " Contractor" .
WITNESSETH :
For and in consideration of the payments to be made as
hereinafter set forth , the Contractor agrees to furnish all tools ,
labor , equipment , materials , and supplies required to construct
the improvements described as :
Clabber Creek Channelization for the Industrial Park North
for the City of Fayetteville , Arkansas , in accordance with the
minimum criteria and plans set forth in McClelland Engineers ,
Inc . ' s letters of May 17 , 1990 , and July 19 , 1990 , and the plans
( 4 pages , Job No . FY902125 ) for the Clabber Creek Channelization
on file at the office of the city engineers which documents are
incorporated 'by reference thereto , subject to the inspection of
and to the complete satisfaction of the City .
2 . The City agrees to pay and the Contractor agrees to
accept as full and final compensation for all work done under this
contract the lump sum price of $ 20 , 000 , such payment to be made in
lawful money of the U . S . , half of such sum to be paid upon 50 %
completion as determined by the City and the remainder upon full
completion .
3 . The Contractor agrees , for the consideration above
expressed , to begin and complete the work on or before December 1 ,
1990 . Time is expressly made of the essence of this contract . If
the Contractor shall fail to complete the work in the time
specified he shall pay to the City , as liquidated damages ,
ascertained and agreed and not in the nature of a penalty , the sum
of $ 100 for each day delayed , which shall be deducted from the
final amount to be paid under the contract . Extensions of time
may be granted with waiver of liquidated damages as may be agreed
upon between the parties .
4 . The Contractor agrees to furnish a bond , with surety
approved by the City and authorized to do business in he State of
Arkansas , guaranteeing the performance of this contract , for not
less than one hundred percent ( 100% ) of the amount of this
contract . Said bond shall be conditioned on full and complete
performance of this contract and acceptance by the City of
Favetteville for the payment of all labor and materials entering
into or incident to the proposed improvements and shall guarantee
the work against faulty workmanship or materials for a period of
one ( 1 ) year after completion .
S . The Contractor also agrees to carry Public Liability
Insurance , Property Damage Insurance and Workman ' s Compensation
Insurance in sufficient amounts to completely indemnify and hold
harmless the City from any and all claims of third parties however
situate .
WITNESS OUR HANDS this 7+h day of &Irn,Gt 1990 .
CITY OF FAYETTEVILLE , ARKANSAS
A Municipal Corpora ion .
sy :
Mayor
Attgst :.
By. . ..
G>'Ot C rk
• ` :� .tee.,... ;
LI NDS ONSTRUCTION , INC .
Coact r .
ames E . rhdf ey
Ti e :
Address :
1 :
APPROVED AS TO F
By : S . 9;__ t?
Je ry Rose
City Attorney
utta 1379nz�
CERTIFICATE OF RECORD
r n
Mate of Fayetteville
SS
City of Fayetteville
Mcilorecord�er too the erk and City hof
Fayetteville, do hereby certity that the
annexed or foregoing Is of record in my
office and the same appears in
Ordinance & Resolution book X X V at
pae 1 a Witness myhandargil
seali day otVU 0 �
City CleNcWd Ex-Of;'Mu F:ecoijor
1, Almo Kollmeyer, CUcult Clerk and
Ex-officio Recorder for Washington County,
Arxonsos, do hereby certify that this irr
strumont was fiorecord in my office
od for rec
as iniicated hereon and the same is now
duly recorded \,"h tore admowledgement
and cerl;iiccru t.Veen in Record Book and
pogo as indicated thereon.
IN WITN:S Wl{_'..:F, I have hereunto
,et my hand and affixed the seal of said
court on the date Indicated hereon.
Nlma Kollmeyer
; > �. . a -, t • : Circuli Clerk and
. . Ex-cffiGo Recur x
by
ARD I NANCE No. U97
AN ORDINANCE.WAI V IN
.THE REQUIREMENTS OF
. COMPETITIVE 'BIDDING STATE 01 ARKANSAS
AND AWARDING A EON- � Ba.
TRACT TO 'L' INDSEY CON- 1
STRUCTION COMPANY; County Of Washington
FOR THE CHANNE�IZA.
TION OF CLABBERCREEK AND APPROVAL
OF (�
A BUDGET ADJUST- , I I( �Piy(,y(�� ��11 hereby Certify that I
Ts
THET TO PROJECT.COMPLETE am the publisher of HE NORTHWEST AatKANSAS TIMES, a daily newspaper
BE IT ORDAINED BY. having a second class mailing privilege, and being not less than four pages of
THE BOARD OF TY EC-
OF five columns each, published at a fixed place of business and at a fixed (daily)
TORS OF THE CITY OF y
F A Y E T T E V I L L E , Intervals continuously In the City of Fayetteville, County of Washington, Arkansas
ARKANSAS:
Section 1. The Board of for more than a period of twelve months, circulated and distributed from an
Directors hereby waives the established place of business to subscribers and readers generally of all classes
requirements of competitive in the City and County for a definite price for each copy, or a fixed rice per
bidding for channelizatlon of p
Clabber Creek ( Industrial annum, which price was fixed at what is considered the value of the publication,
Park North) for the reason based upon the news valueand servicevalue ltcontains, that at least fifty percent
that said requirements
e
not feasible arof thesubscribers thereto have paideash for their newspaper
orpractical re r subscriptions to the news p pe
order to commence and or its agents or through recognized news dealers over a period of at least six
inplete the channelizatlon months; and that the said newspaper publishes an average of more than forty a
Prompt and efficient
manner. percent news matter.
Section ]. That the Mayor
Cl
and City ark are execute z- I further certify that the legal notice hereto attached in the matter of
ed and contract Wth to execute -
strucwith Lindsey Con-
srruciliz Company for
Creek.lA 'copy
of Clabber
frctkaut 'oolze of the con-
traoTrauthotach for execu-
tion is attached hereto
i marketl ,, Exhibit "A" and was published In the regular daily issue of said newspaper [or �
madgaparhherebf: ..I�' consecutive insertions as follows:
�.eF�Direttors ' hereby . ap-- , The first insertion on the day, day of 19 L—
proves the budget adjust.
ment In the amount of
1120,000.01) for completion of the second Insertion on the day of 19
said project. A copy of the -
budget adjustment for ap. t
proval is hereby attached the third insertion on the day of 19
hereto marked Exhibit "0'and made a part thereof.
Section A. The Board of and the fourth insertion on the -- day o 19 "
Directors hereby deter.
mines that the immediate
channelizatlon of Clabber
Creek in-rho Industrial Park l
North being necessary for , Sworn to and subscribed before me on is // . day of
the public health, safety and p
immewelfadiate
the Public
of and
hereby determines that the
Immediate pessape of I.... --
ordinance Is necessary to
provide for mid project.
Therefore, an emergency Is —
hereby declared to exist and Noty Public
this ordinance being neces-
sary for the public health,
safety and welfare shall be My Commission Expires:
In full force and effect from
I
and after Its passage and
j approval.
PASSED AND APPROV-
ED this
PPROV-
ED' this 7thday' of August,
1990.
APPROVED:
By: William V. Marlin
ATTEST: Mayor Fees for Printing S /9 9, .P
1 By: Sherry L. Thomas
City Clerk I CONTRACT Cost of Proof _. S
. ' �
1. This CONTRACT ex-
ecuted this 7th day of , 'fotal _. S / 9 9 ' (3, v u J
August, 1990, by and be.
. rween the City of Fayet-
teville, hereinafter Yelled
the "City" and the Con-
struction. 1A1`0 Inc., the "Con-
, tractor.•' 1�
WITNESSETH:consideration FINANCE DEPT.
For and in tobamade of the payments to be made
as hereinafter set forth, the
Contractor agrees to furnish
alletoomaterials;
and supplies
re..
materiels; and supplies m- �
put rad^to constructescrib the im-
proyabber Creeketl as:
Clabber f Creak' Chen-
Parktion fortheIke icy al '
Park North for the City of
acconceFayetteville, Arkansas, In
accordance Wand plans
mini-
mum
mb
mum criteria Mc and piens ser .
forth II McClelland Engi-
neers, 111C.'s letters of May
17, 1990, and July 19, 1990,
and the plans (1 pages, Job
No. FY902125) for the Clab-
bar Creek Channelization on
file at the office of the city
engineers which documents
are Incorporated by refer
ence thereto, sub(ect to the
Inspection of and to the
complete satisfaction of the
City.
2. The City agrees to pay
and the Contractor agrees to
accept as full and final com-
pensation for all work done
under this contract the lump
sum price of $20,000, such
payment to be matle in
lawful money of the U.S.,
half Of such sum to be paid
upon 50% completion as
determined by the City and
the remainder upon full
completion.
3. The Contractor agrees,
for the consideration above
expressed, to begin and
complete the work on or be.
fore December 1, 1990. Time
Is expressly made of the
essence Of this contract. If
the Contractor shall fail to
complete the work in the
time specified he shall pay
to the City, as liquidated
damages, ascertained and
agreed and not in the nature
of a penalty, the sum of $100
for each day delayed, which
Shall be deducted from the
final amount to be paid
under the contract. Exten-
sions of time maybe granted
with waiver of liquidated
dama;&Ss as may be agreed
upoll4bian the parties.
A. Th' Mractor agrees
to fur 11aM( bond, with sure-
ty apved tY the City and
authorized to do business In
the State Of Arkansas, guar.
anteeing the performance of
this contract, for not less
than one hundred percent
(100%) of the amount of this
contract. Said bond shall be
conditioned on full and com-
plete Performance of this
contract and acceptance by
the City of Fayetteville for
the payment of all labor and
materials entering Into or
incident to the proposed im-
provements and shall guar.
antee the work against faul.
ty workmanship or materi.
als for a Period of one (1)
year after completion.
5. The Contractor also
agrees to carry Public Lia-
bility Insurance, Property
Damage Insurance and
Workman's Compensation
Insurance in sufficient
amounts to completely in.
demnify and hold harmless
the City from any and all
claims of third parties
however situate.
WITNESS OUR HANDS
this 7th day of August, 1990.
CITY OF FAYETTEV ILLE,
ARKANSAS
A Municipal Corporation.
By: William V. Martin
Attest: Mayor
By: Sherry L. Thomas
City Clerk
LINDSEY
CONSTRUCTION,
INC.
Contractor
By: James E. Lindsey
Title:
Address:
APPROVEDASTO FORM:
By: Jerry E. Rose
City Attorney