HomeMy WebLinkAboutOrdinance 5112 ORDINANCE NO. 5112
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVING A CONTRACT WITH KING
ELECTRICAL CONTRACTORS IN THE AMOUNT OF $ 165 ,000.00 FOR
ELECTRICAL WORK ASSOCIATED WITH THE FAYETTEVILLE SQUARE
IMPROVEMENTS.
WHEREAS, King Electrical Contractors has the City Contract for electrical work, and as a
result has become very familiar with the existing electrical system at the Fayetteville Square; and
WHEREAS, such familiarity is indispensable to completing the Project before the Spring
opening of the Fayetteville Farmers Market.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
Section 1 . That the City Council of the City of Fayetteville, Arkansas hereby finds that such
circumstances constitute an exceptional situation where competitive bidding is not feasible or
practical, waives the requirements of formal competitive bidding and approves a contract with King
Electrical Contractors in the amount of $ 165,000.00 for electrical work associated with the
Fayetteville Square Improvements.
PASSED and APPROVED this 19`h day of February, 2008 . \w;G�SY Oc SGS
; FAYETTEVILLE •
APPROVED: ATTEST:
RKANSP�J�?
By: By: 4dt-2
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
City of Fayetteville
CONTRACT
This contract executed this Mday of ' radrV 2008, between the City of Fayetteville, Arkansas, and
King Electric In consideration of the mutual covenants contained herein, the parties agree as follows:
1 . King Electric at its own cost and expense shall furnish all labor, materials, supplies, machinery,
equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services
necessary to complete the electrical upgrades and systems as outlined in the construction drawings
and specifications attached hereto.
2. The City of Fayetteville shall pay Kinq Electric based on their bid proposal in an amount not to exceed
$165,000. Payments will be made after approval and acceptance of work and submission of invoice.
Payments will be made approximately 30 days after receipt of invoice.
3. The Contract documents which comprise the contract between the City of Fayetteville and King Electric
consist of this Contract and the following documents attached hereto, and made a part hereof:
A. Construction Drawings
B. King Electric's proposal.
4. These Contract documents constitute the entire agreement between the City of Fayetteville and King
Electric and may be modified only by a duly executed written instrument signed by the City of
Fayetteville and King Electric.
5. King Electric shall not assign its duties under the terms of this agreement.
6. King Electric agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville,
against any and all claims for property damage, personal injury or death, arising from King Electric'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. King Electric shall furnish a certificate of insurance addressed to the City of Fayetteville, as an
additional insured, showing that he or she carries the required 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, King Electric shall provide and shall cause each Subcontractor to
provide adequate employers liability insurance for the protection of such of his employees as are not
otherwise protected.
The premiums for all insurance and the bond required herein shall be paid by King Electric.
8. King Electric is to furnish proof of licensure as required by all local and state agencies.
9. This contract may be terminated by the City of Fayetteville or King Electric with 10 days written notice.
10. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing
city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of
Information Act request is presented to the City of Fayetteville, the contractor will do everything
possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas
Freedom of Information Act (A.C .A. 25-19-101 et. Seq.). Only legally authorized photo coping costs
pursuant to the FOIA may be assessed for this compliance.
11 . Changes in Scope or Price: Changes, modifications, or amendments in scope, price or
fees to this contract shall not be allowed without a prior formal contract amendment
approved by the Mayor and the City Council in advance of the change in scope, cost or
fees.
WITNESS OUR HANDS THISDAY OF , 2008.
ITY OF AYETT VILLE,
FAYET VILL , ARKANSAS ° ARK%TIf R ''�.,�
GG:G\T Y �O;c SG,p
D N COODY, Mayor �ci •,��=
; FAYETTEVILLE ;
Att
9sy:QKANSN P�J?
Sondra Smith, City Clerk e.,�/VuTO
" utA Gt
/4 p
BY C%rS �N BRACT
NAME AND TITE—
ATTEST: COMPANY SECRETARY
BUSINESS ADDRESS
l �!S btu r'?°olc tw^a
City of Fayetteville Staff Review Form 0,-11q169
City Council Agenda Items ICA
and
� Contracts, Leases or Agreements J
2/19/2008_
City Council Meeting Date
Agenda Items Only
Alison Jumper Parks and Recreation Operations
Submitted By Division Department
Action Required:
City Council approval of a resolution to authorize the City to waive formal bidding requirements for the electrical work
needed for the Square area improvements and to approve the attached contract with King Electric.
_165,000.00 $ 7571000.00 Sidewalk Improvements
Cost of this request Category / Project Budget Program Category / Project Name
4470-9470-5315.00 $ 71 ,746.37 Transportation Improvements
Account Number Funds Used to Date Program / Project Category Name
02053 /A _ __ $ 685,253.63 Sales Tax Captial Improvements
Project Number Remaining Balance Fund Name
Budgeted Item i ^ r Budget Adjustment Attached C�
l �I Previous Ordinance or Resolution #
t
Department Director Date
Original Contract Date:
Z�� O Original Contract Number:
City Attorney Date
Received in City
�ynp9 n 2 . 5 08 Clerks Office
U -
Finance and Internal Service Director Date
Received in Efl ER D
Mayors Office
Mayor ' Date
Comments:
Revised April 16, 2007
I
S. Ve Lev le
I AN KANSAS 113 W. Mountain St.3
THE CITY OF FAYETTEVILLE , ARKANSAS
Fayetteville,(ole, 444-34AR 71
Telephone: (479) 444-3469
PARKS AND RECREATION DIVISION CORRESPONDENCE
To: City Council , Mayor Dan Coody
Thru: Gary Dumas, Director of Operations
Connie Edmonston, Parks and Recreation Director
From: Alison Jumper, Park Planner
Date: January 31 , 2008
Subject: Bid Waiver for Electrical Contractor
Background
The City of Fayetteville and the Advertising and Promotion Commission are partnering
to renovate and improve the downtown Square area. The A & P Commission has
agreed to contribute $460,000 towards the improvements which include replacing street
lights, benches, brick planters and plantings, upgrading the water feature, adding tree
grates, sidewalk replacement, improved lighting and electrical distribution , curb and
gutter replacement, and street overlay. The City has agreed to match funding from the A
& P Commission to contribute to the improvements. Several surrounding property
owners including Arvest, the University of Arkansas and East Square Development
have also contributed improvements. Participation from additional property owners is
anticipated.
Current Status
Improvements to the downtown Square area began in April of 2007 with the renovation
of the water feature on the northwest comer and the installation of new benches and
trash cans. Sidewalk improvements have been made adjacent to the Continuing
Education building on the northeast corner. Additional improvements to be made
include adding path lighting along the interior of the Square, replacing sidewalks around
the exterior of the Square as well as around the Old Post Office, replacing the wooden
wall around the west and south sides of the Old Post Office with native stone and
repairing the brick paths in the gardens.
Upgrades to the electrical system around the Square are also needed. Electrical
upgrades include relocating unsightly electrical panels and boxes, adding path lighting
and replacing outdated equipment.
King Electric has the City's contract for electrical work and has worked on much of the
existing electrical system on the Square in the past and has a vast knowledge of the
current conditions. Their familiarity of the systems is key to the timeliness and efficiency
of the work. Improvements to the interior of the Square are scheduled to be complete
by the opening of the Farmer's Market.
Budget Impact
Electrical improvements are anticipated to cost $165,000 for the necessary upgrades
and replacements. This will be part of the City's matching funds for the Square area
improvements.
Recommendation
Parks and Recreation requests City Council approval of a resolution to authorize the
City to waive formal bidding requirements for the electrical work needed for the Square
area improvements and to approve the attached contract with King Electric.
Attachments:
Contract with King Electric
ORDINANCE NO,
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVING A CONTRACT WITH KING
ELECTRICAL CONTRACTORS IN THE AMOUNT OF $ 165,000.00 FOR
ELECTRICAL WORK ASSOCIATED WITH THE FAYETTEVILLE SQUARE
IMPROVEMENTS.
WHEREAS, King Electrical Contractors has the City Contract for electrical work, and as a
result has become very familiar with the existing electrical system at the Fayetteville Square; and
WHEREAS, such familiarity is indispensable to completing the Project before the Spring
opening of the Fayetteville Farmers Market.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
Section 1 . That the City Council of the City of Fayetteville, Arkansas hereby finds that such
circumstances constitute an exceptional situation where competitive bidding is not feasible or
practical, waives the requirements of formal competitive bidding and approves a contract with King
Electrical Contractors in the amount of $ 165,000.00 for electrical work associated with the
Fayetteville Square Improvements.
PASSED and APPROVED this 19th day of February, 2008.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E, SMITH, City Clerk/Treasurer
01 / 23/ 2008 13 : 51 4794432594 CHRIS KING PAGE 01
r`
KING ELECTICAL CONTRACTORS
2145 W MOORE LANE
EAYETTEVILLE AR 72701
479-443-0006 FAX 479.443-1719
PROPOSAL
TO: PHONE DATE
City of Fayetteville 1-23-08
Attn: Allison JOB NAME
Square Lighting Project
JOB DESCRIPTION:
Furnish and install conduit, wire, gear, time cloths, contactors, junction boxes, set poles, wire poles and
bollards, make safe existing wiring, move 4 existing panels to new location, install 2 new panels. City to
furnish ditching, boring, pole bases, light poles, bollard poles, transformers.
PROPOSAL GOOD FOR 30 DAYS DOLLARS:
$ 165,000.00
TERMS: PAYMENT DUE UPON RECEIPT OF INVOICE AUTHORIZED SIGNATURE
A FINANCE CHARGE WILL BE CHARGED ON ALL /�
PAST DUE ACCOUNTS OF .0833%
COOL PER MONTH. ALL �j' C/
ATTORNEY FEES WILL BE COLLECTED ON PAST DUE
ACCOUNTS.
THE ABOVE PRICES SPECIFICATIONS AND CONDITIONS ACCEPTANCE SIGNATURE
ARE SATISFACTORY AND ARE HEREBY ACCEPTED.
YOU ARE AUTHORIZED TO DO WORK AS SPECIFIED.
PAYMENT WILL BE MADE AS OUTLINED ABOVE.
2.29.08 Clarice Pearman - Ord. 5112 Page 1
From: Clarice Pearman
To: Jumper, Alison
Date: 2.29.08 3:48 PM
Subject: Ord. 5112
Attachments: 5112 King Electrical Contractors.pdf
CC: Audit
Alison:
Attached is a copy of the above ordinance. I am forwarding to you two of three signed original agreements via interoffice
mail. Please let me know if there is anything else needed for these items. Have a good weekend.
Thanks.
Clarice