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Home My WebLink About124-82 RESOLUTION• RESOLUTION NO. 1:2 y O a A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH McCLINTON-ACHOR DIVISION OF APAC-ARKANSAS, INC. FOR SNOW REMOVAL SERVICES AT THE FAYETTEVILLE MUNICIPAL AIRPORT. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with McClinton -Anchor Division of APAC-Arkansas, Inc. for snow removal services at the Fayetteville Municipal Airport. A copy of the agreement authorized for execution hereby,is attached hereto, marked Exhibit "A", and made a part hereof. PASSED AND APPROVED this /9/14 day of Ct//778e/Z, 1982. . „.%-10.40+44-•• r: $ i,t0, ATTEST: :,: ;:e- •. ^, *-4.‘. ri IC e ,4 By: a a let, City Clerk 4 APPROVED:'. Mayor • nnn McCLINTON-ANCHOR Lit/ GENERAL OFFICE 521-3550 • BOX 1367, FAYETTEVILLE ARKANSAS 72702-1367 DATE 9/29/82 Job No rnLinianu_ OUO1V1111 CU 1U. "'°"^" Snow Removal - Drake Field NAME: City of Fayetteville - STREET: P.O. Drawer F PLANS BY: DATE OF PLANS: aTv`Fayetteville, STATE: AR 72701 STREET: ATTER: Dale Fredrick CITY: STATE: McClinton -Anchor Company, a division of APAC-Arkansas, Inc., hereinafter called the Company, offers to furnish all labor, materials and equipment required for t-he-performance-of'the_-followingtdescribed—work in connection with construction or improvements at which property is owned by Description of Work and Price: This contractor submits the following equipment rates on an hourly basis which includes all equipment maintenance and operators. Daily charge tickets will be presented to the owners representatives listing the equipment used and the number of hours worked and will also include any additional manpower labor. To each days operation a fee of 20% will be added to the total of each ticket to cover accounting and overhead costs. -Rates to apply through winter 1982-83• • DESCRIPTION Pickup '2 CY Front End Loader Cat No. 12 Grader Dump Truck PRICE PER HOUR 1 Box Blade Tractor Labor Backhoe ' • 1 .. 1 • • $ 5.25 $55.00 $45.00 $30.00 $30.00 $13.00 $35.00 • Unless a lump sum price is to be paid for the foregoing work and is'clearly so stated it is understood and agreed that the quantities referred to above are estimates only and that payment shall be made at the stated unit prices on the actual quantities of work performed by the Company 'as determined upon completion of the work. If the foregoing meets with your acceptance, kindly sign and return the attached copy of our proposal. Upon its receipt it is understood the foregoing, including the terms and conditions set forth on the reverse side hereof, will constitute the full and complete agreement between us. ' This proposal expires thirty days from the date hereof, but may be accepted at any later date at the sole option of the Company. McClinton -Anchor Company By i� 4,40iaf 1 1 1 ACCEPTED: By iName and Tniel IDatel r TERMS AND CONDITIONS • • • • Payment in full for all work performed hereunder during any month shall be made not later than the tenth day of the month next following. Final and complete payment for all work performed hereunder shall be made not later than fifteen (15) days after the completion of such work. Interest at the highest legal rate allowable under the laws of the jurisdiction in which the contract is executed or one percent 11%) per month, whichever is less, shall be charged and paid on all unpaid balances from the due date to the date we receive payment. We shall not become obligated to perform the work called for under this contract until your credit hasbeen checked_and altpnzved by oar Credit Departrttgnt. If credit conditions become unsatisfactory at any time prior to our completion of the work hereunder, we shall be furnished adequate security upon our request. Any deviations from the specifications or modification of the terms of this contract and any extra or incidental work, or reductions in work, shall be set forth in writing and signed by both parties prior to the making of such change. Any increase or decrease in the contract price resulting from such change shall be included in such writing. We will provide and pay for Workmen's Compensation Insurance covering our employees and Public Liability and Property Damage Insurance protecting ourselves. We will also assume responsibility for the collection and payment of Social Security and State Unemployment Taxes applicable to our employees. We shall be provided with suitable access to the work area. If our work is dependent upon or must be undertaken in conjunction with the work of others, such work shall be so performed and completed as to permit us to perform our work hereunder in a normal uninterrupted single -shift operation. Unless a time for the performance of our work is specified, we shall undertake it in the course of our normal operating schedule. We shall not be liable for any failure to undertake or complete the work for causes beyond our control, including but not limited to fire, flood or other casualty; labor disputes or other disagreements; and accidents or other mishaps, whether affecting this work or other operations in which we are involved, directly or indirectly. If for causes beyond our control our work is not completed within twelve (12) months after the date of your acceptance of this proposal, we may cancel this agreement at any time thereafter on ten (10) days notice. In such event (i) we shall be relieved of any further obligation with respect to the balance of the work; and Ili) we shall be entitled to receive final and complete payment for all work performed by us to the date of cancellation within fifteen 115) days thereafter. We shall not be responsible for, and you agree to hold us harmless from any liability resulting from, damages to utilities or other facilities or objects buried beneath, or to sidewalks, driveways or other im- provements located within, our work area or designated areas of access. It is further understood thst We Shall not be responsible for any damage to or deterioration of any of our work, whether completed or in process, resulting from any cause or causes beyond our control, including but not limited to failure of subgrade or failure or inadequacy of any labor or materials not furnished and installed by us, whether or not such failure or inadequacy was or could have been known at the time our work was undertaken. • AGREEMENT THIS AGREEMENT executed this /9;64 day of aC7bB6500C , 198oi by and between the City of Fayetteville, Arkansas, hereinafter called the "City" and McClinton -Anchor Company, hereinafter called the "Contractor". WHEREAS, the City desires to contract for snow removal services at the Fayetteville Municipal Airport; and WHEREAS, the Contractor is willing to perform said services if the City agrees to indemnify and hold the Contractor harmless from any claim for damages other than a claim based upon willful misconduct, arising from the performance of said services at said Airport, NOW THEREFORE, in consideration of the mutual covenants contained herein, the City and -the Contractor agree as follows: 1. The Contractor agrees that upon request from the City, through the Airport Manager, the Assistant Airport Manager, the City Manager, or any designate of the City Manager, the Contractor shall attempt to provide equipment and operators to assist the City in removing any accumulation of snow from those areas of the Fayetteville Municipal Airport, including, but not limited to taxiways, ramp areas, and parking areas, designated by the city. Based on the Contractors' equipment and personnel availability, the Contractor agrees to provide a road grader, a road grader operator, and any other necessary equipment and personnel to perform the Contractor's obligation hereunder. The Contractor's equipment and operators will beAunder the direct supervision of the City of Fayetteville Municipal Airport or City Manager designate. The Contractor will provide no supervision but will coordinate the work between the Contractors' personnel and the City of Fayetteville. 2. For snow removal services performed by the Contractor under this Agreement, the City agrees that compensation to the Contractor will be by the equipment rental hourly rate attached. 3. The City agrees to indemnify and hold the Contractor, its agents and employees, harmless from any claim for damages due to personal injury, death, or property damage arising from the Contractor's performance of its obligations under this contract; provided, the City shall not be required to hold the Contractor harmless for any claim for damages based upon the willful misconduct of the Contractor's employees or agents. 4. The term of this Agreement shall commence on the execution date hereof and shall terminate on the 1st day of, May , 198_3 . IN WITNESS WHEREOF the parties have executed this Agreement on the date first above written. ` 1 4c T SATES"- 7//j� r �// City Clerk ATTEST: Secretary CITY FAYETTEEVVILLE, ARKANSAS By Mayor .__ MCCLINTON-ANCHOR COMPANY By