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HomeMy WebLinkAboutOrdinance 3837 F ? I ECS FCR RECORD ' 94 UGT 25 Aft 11 49 ORDINANCE NO. 3837 WASIMiG ivP1 CO AR A . t; OLL14EYERt AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE REHABILITATION OF THE SQUARE GARDEN PLANTERS; AND AWARDING THE CONTRACT FOR PLANTER REHABILITATION TO ED TANNEHILL IN AN AMOUNT NOT TO EXCEED $12,536.00. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : Section 1 . That the City Council waives the requirement of competitive bidding for the repairs to the Square Garden brick planters for the exceptional circumstances that the project was previously advertised for bids and no bids were received; further, weather constraints, pedestrian traffic at this time of year, and possible disruption of the flower beds during the growing season require that the work begin promptly. Section 2. That the rehabilitation contract for the Square Garden brick planters is hereby awarded to Ed Tannehill in an amount not to exceed $12,536.00. A copy of the contract is attached hereto as Exhibit "A" and made a part hereof. Section 3 . That the City Council hereby determines that the immediate renovation of the Square Garden brick planters would enhance the quality of life for the citizens of Fayetteville and is also a valuable asset in attracting visitors to Fayetteville and is essential to the public health, safety and welfare. 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 18tllay of October 1994. APPROV D: By : Fred ansa, Mayor ATTEST: By :_ Traci Paul, City Clerk _ 94064208 EXHIBIT A CONTRACT This contract executed this 18th day of October , 1994, between the City of Fayetteville, Arkansas, hereinafter called the City, and Ed Tannehill , hereinafter called the Contractor, and having an address at 11296 Cambell Communily Road West Fork. Arkansas 72774 . In consideration of the mutual covenants contained herein, the parties agree as follows: 1 . The Contractor at his own cost and expense shall fiunish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete items bid, and in accordance with specifications attached hereto and made a part hereof, all included herein as if spelled out word for word. 2. The City shall pay the Contractor incremental payments based on percentage of completed and accepted work. . Progress payments will be made after approval and acceptance of work and submission of invoice. Amount of contract not to exceed $ 12-536-00 . 3 . The Contract documents which comprise the contract between the City and the Contractor consist of this Contract and the project specifications. 4. These Contract documents constitute the entire agreement between the City and the Contractor and may be modified only by a duly executed written instrument signed by the City and the Contractor. 5 . Contractor shall not assign his duties under the terms of this agreement. 6. Contractor agrees to hold the City harmless and indemnify the City, against any and all claims for property damage, personal injury or death, arising from Contractor's performance of this contract. This clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law. 7. The Contractor shall furnish a certificate of insurance addressed to the Owner, showing that he carries the following insurance which shall be maintained throughout the term of the Contract. Any work sublet, the contractor shall require the subcontractor similarly to provide worker's compensation insurance. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, the Contractor shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. Workmen's Cm enation Statutory Amount Comprehensive Generral and Automobile Insurance 94064209 Bodily Injury Liability $25,000 for each person injured. $50,000 for each accident. Property Damage Liability $25,000 for each person. $50,000 aggregate. The premiums for all insurance required herein shall be paid by the Contractor. 8. Contractor agrees to begin work within ten ( 10) days of notice to proceed and complete the work within 90 calendar days thereafter. Liquidated damages of $200 per day shall be assessed at the option of the City, not as a penalty, beginning on the first day following the completion time to cover additional costs. 9. All work called for herein shall be coordinated directly with Public Works Analyst, Willie Newman. 10. This contract may be terminated by the City with 10 days written notice. 11 . Contractor shall be responsible for meeting compliance with ADA regulations. r City of Fayetteville Arkansas (City) (Contractor) / By By: JAS Mayor (Title) (Title) 113 W. Mountain St. Fayette�vll@, AR 72701 (Address and Zip Code) (Address and Zip Code) 94064210 ' Uj. . i 't.di 'i: ' i� 'i : C.' : 1'i. . . . , i: +rl i i �'!71 . :: r'f , ., " � � '.L: ' )11 ' t . i '? lig i] 1 i1L:N 111:l :. : 5: , .( _ . . ` ' • 91 . . :i-: . ' i:. 'r ,rl : 1 ' �. o : . '7 ': SI ni? i;" r , iS i . .. . ., . . i . . :: :); '. . . : l ,, (r ,ry r.;l :• 1 '! ♦ill :. . r CII i . '1J : . dl . .1� . �.: . I if i t i/: . ' Jt Jf: . '�•J.•. . " . . " 1 : lid ... ' r L . _ I : � � • . . � , . . . . : ' . , . ,i''.!. . . . � i , • illl: .;o r : l . ` � .� . 1 : .J "Y ,. ;., : is . � 1 .1 f1_ .r "I l!: • .• ' . titp qo=*.h1'ffsl'VOI^�fVitagtWli 1 Q}ghA16 ; da hareby cartify that thitetn- gii4r nP e:as f.: fttr MTCdl in M)&office asindlCateNhtaarnatd he5°n ° IFnoa d* Ccon3ed.v;IPo maalknoud me +t 611d cwbiiitctr. t:�a-�cn� is Boa OSW .. pogo as intficated thoreon. IN 1NpN Vw}MOf. 1 have hemkoft Set my hand and affixed the seal of *MW Court on the date Indicated honor► Alma Kollmeyer Circuli Clerk and 6wffwo Recadetr STATE OF ARKANSAS ss. County of Washington hereby cer- ORDINANCE NO. 3837 tify that I a n the publisher of Tk E NORTHWEST ARKANSAS TIMES, a daily AN ORDINANCE WAIVING newspaper having a second class mailing privilege, and being not less than four pages of COMPETITIVE BIDDING five columns each, published at a fixed place of business and at a fixed (daily) intervals FOR 'THE REHABILITATION OF THE SOUARE GARDENcontinuously in the City of Fayetteville, County of Washington, Arkansas for more than PLANTERS: AND AWARD-' a period of twelve months, circulated and distributed from an established place of business INA THE CONTRACT FOR to subscribers and readers generally of all classes in the Ci[ and County for a definite rice PLANTER REHABILITATION g y y y p TO ED TANNEHILL IN AN for each copy, or a fixed price per annum, which price was fixed at what is considered the AMOUNT NOT TO EXCEED value of the publication, based upon the news value and service value it contains, that at $12,536.00. BE IT ORDAINED BY THE least fifty percent of the subscribers thereto have paid cash for their subscriptions to the CITY COUNCIL OF THE newspaper or its agents or through recognized news dealers over a period of at least she CITY of FAVETrevaLE. ARKANSAS months; and that the said newspaper publishes an average of more than forty percent news Section 1 . That the City matter. Council waives the require- ment of competitive bidding for the repairs to the I further certify that the legal notice hereto attached in the matter of Square Garden brick plan- tars for the exceptional cir- cumstances that the project was previously advertised for bids and no bids were was published in the regular daily issue of said newspaper for received: further, weather constraints, pedestrian consecutive insertions as follows: traffic at this time of year, _ ,� /� and possible disruption of The fust insertion on the 044 p (1/ the flower beds during the l' ,�'7�i1 ��%' day of l9 I growing season require that the work begin promptly. the second insertion on the day of 19 Section 2. That the rehabili- tation contract for the Square Garden brick plan- the third insertion on the day of 19 ters is hereby awarded to Ed Tannehill in an amount not to exceed $ 12,536,00. and the fourth insertion on the day of 19 A copy of the contract is attached hereto as Exhibit 'A " and made a part hereof. Section 3 . That the City e [E` Council hereby determines IR C E I V that the immediate renova- tion of the Square Garden Publisher / GenemlManager brick planters would en- NOV O 100 ,2hance the quality of life for Y the citizens of Fayetteville and is also a valuable asset in attracting visitors to Fay- FINANCE DEPT . etteville and is essential to the public health . safety and welfare . Therefore. en emergency is hereby dec- lared to exist and this ordi- nance being necessary for the public health, safety and welfare shall be in full force and effect from and after its passage and Sworn to and subscribed before me on this day of approval. PASSED AND APPROVED /1 n this tette day of October. , _ ll/ JylrW� +C,INp,` 19 nl / 1994. APPROVED: By Fred Hanna, Mayor Notary Public My Commission Expires: /; /� 1 ."'I _ l .i -- 0 Fees for Printing $ / 9 . GL, Cost of Proof Total .$