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HomeMy WebLinkAbout137-83 RESOLUTIONRESOLUTION NO. 137-83 17 A RESOLUTION AUTHORIZING THE'MAYOR AND CITY`CLERK TO EXECUTE A CONTRACT WITH McCLINTON-ANCHOR COMPANY FOR SNOW REMOVAL AT DRAKE FIELD DURING THE WINTER MONTHS OF 1983-84. 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 a contract with. McClinton -Anchor Company for snow removal at Drake Field during the winter months of 1983-84. A copy of the contract authorized for execution hereby is attached hereto, marked exhibit "A" and made a part hereof. PASSED AND APPROVED this 1983. 15th day of November APPROVED: Ztelate/Y ..•"•,T : A t :, . ^. ,, 1 . , .% :.. • 'la /A 0. THIS AGREEMENT executed this 15th day of November, 1983 by and between fhe 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 be\•under 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 .4 IN WITNESS WHEREOF the parties have executed this Agreement on the date first above written. CITY 0 FAYETTEVILLE, ARKANSAS By Mayor McCLINTON -ANCHOR WU • GENERAL OFFICE 521-3550 p • BOX 1367, FAYETTEVILLE, ARKANSAS 72702-1367 • PROPOSAL SUBMITTED TO: NAME: ?. City of Fayetteville r STREET: P.O. Drawer F. CITY: 4 Fayetteville, " STATE: ATTEN: Dale Fredrick AR 72701 JOB NAME: 'PLANS BY: STREET: CITY: DATE: 10/31/83 Job No. Snow Removal - Drake Field DATE OF PLANS: • STATE: McClinton -Anchor Company, a division of APAC-Arkansas, Inc., hereinafter called the Compact", offers to furnish all labor, materials and equipment required for the performance of the following described work in • Connection with construction or improvements' at: r which property is owned by Description of Work and Price: • McClinton -Anchor Company submits the following equipment rates on an' hourly' basis which'includes all equipment maintenance and operators: Daily charge tickets willtb-e presented:itothe owner's representative.=listing•-the equipment used and'.the'number of hours .; worked and will also include any additional manpower labor. To each days operation a' lee of 20% will be added to the total of each ticket 'toocover accounting and overhead costs. The following rates will apply through the -winter -of 1983-1984: DESCRIPTION • • HOURLY RATE Pickup 4- $ 5.25 2 C.Y. FrontEnd Loader •$55.00.. Cat 12 Grader $45.00 Dump Truck $30.00 Box Blade,Tractor -• ..$30.00 Labor $13;00 Backhoe - $35.00 4 • • 1 • .'r t Unless a lump sum price is to be paid for the foregoing work and is clearly so stated it is understoodand 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. " • t.` 'r If the foregoing meets with your acceptance, kindly sign and return the attached copy of our proposal. Upon its , repeipt: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 a an an laterateat th9solt +ption of the Company. McClinton -Anchor Company By OANUA ACCEPTED: E1/ b-lh�ior 8.03 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 115) days after the completion of such work. Interest at the highest legal rate allowable under the laws of the jurisdiction in which the contract ;s 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 has been checked and approved by our Credit Department. 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 112) 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 10 we shall be relieved of any further obligation with respect to the balance of the work; and (11) 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 that 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.