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ORD NO 02-2017 f CITY OF VAN BUREN,ARKANSAS ORDINANCE NO. -2017 BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS, AN ORDINANCE TO BE ENTITLED: AN ORDINANCE ALLOCATING AND APPROPRIATING INSURANCE PROCEEDS FOR REPAIRS TO VAN BUREN FIRE STATION NUMBER THREE; AUTHORIZING THE MAYOR TO PAY FOR ROOF REPAIRS; WAIVING BIDDING REQUIREMENTS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. WHEREAS, Van Buren Fire Station Number Three suffered roof damages due to weather;and WHEREAS, bids were sought with local contractors for repairs subject to approval by the Municipal Property Program; and WHEREAS, it would be impracticable and unfeasible to further bid these improvements for the roof repairs without exposing this building to substantial water damages; and WHEREAS, Section 14-58-303 of the Arkansas Code Annotated provides that"The governing body, by Ordinance,may waive the requirements of competitive bidding in exceptional situations where such procedure is deemed not feasible or practical." NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The City Council hereby waives the requirements of competitive bidding for the roof repairs to Van Buren Fire Station Number Three as such a procedure is not deemed to be feasible or practical under the circumstances. I SECTION 2: The Mayor and City Clerk are hereby authorized to enter into a contract(Exhibit"A") with Dale Crampton Company for the roof repairs to Van Buren Fire Station Number Three as approved by Municipal Property Program in the amount of$21,882.00. SECTION 3: The Mayor and City Clerk are hereby authorized by the City Council for the City of Van Buren to execute all documents necessary to effectuate this Ordinance. SECTION 4: The repairs hereto are deemed and found to be necessary for the immediate preservation of health, safety and welfare of the city and as such as an emergency is hereby declared, and this Ordinance shall take effect and be in full force upon and after its passage and approval. I i 1 IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass, approve,and adopt, by a vote of Co for and V against,t o =:oing Ordinance at its meeting held on the 27th day of February 2017. _ _• Robert D.F - an _L Mayor ATTESTED: ,PPRO 1 • . TO FO' : &.4/0 , PhyThomas Candice A. Settle City Clerk/Treasurer City Attorney F DALE CRAMPTON COMPANY 710 DIVISION STREET • P.O. BOX 1502 FORT SMITH, ARKANSAS 72902 Phone: (479)782-7251 Fax: (479)782-7252 February 15, 2017 Mr. Stanley Clark Van Buren Fire Station 2009 Pevehouse Road Van Buren, AR 72956 Re: Van Buren Fire Station #3 2821 Bryan Road Van Buren, Arkansas Dear Stanley: Please find enclosed (2) copies of our contract agreement. We request you sign one copy of the contract and return it for our records. The other copy is for your file. Thank you for the opportunity of working with you and your personnel again. Should you have any questions, please feel free to call. Sincerely, Dale Crampton Co pany ' Cl Buz Naucke BN/dn XC: File I Contract Agreement THIS AGREEMENT,made this 15th day of February ,20 17 by and between City of Van Buren—Fire Department hereinafter called the Owner,and Dale Crampton Company; hereinafter called the Contractor. For the consideration hereinafter named,the said Contractor covenants and agrees with said Owner,as follows: FIRST: The Contractor agrees to furnish all material and perform all work necessary to complete the Metal PBR-Panel Replacement on Fire Station#3,2821 Bryan Road,Van Buren,AR as per quote dated 7/25/16 for the above named structure. SECOND: The Contractor agrees to promptly begin said work as soon as possible and to complete the work as follows: Remove existing metal PBR panels,fiberglass skylight panels,gutter,downspouts,rake flashings and penetration flashings. Install new 26 gauge galvalume PBR panels and new fiberglass skylight panels.Install new prefinished metal gutter and downspouts at the east and west roof edges. Install new prefinished metal rake flashings at the north and south edges.Install new penetration flashings and remove any flashings that are no longer in use. The existing roof insulation would be left in place and reused as is. THIRD: The Contractor shall take out and pay for Workmen's Compensation and Public Liability insurance,also Property Damage and all other necessary insurance as required by the Owner or by the State in which this work is performed. FOURTH: The Contractor shall pay all Sales Taxes,Old Age Benefit and Unemployment Compensation Taxes upon the material and labor furnished under this contract,as required by the United States Government and the State in which this work is performed. FIFTH: No extra work or changes under this contract will be recognized,or paid for,unless agreed in writing before the work is done or the changes are made. SIXTH: This contract shall not be assigned by the Contractor without first obtaining permission in writing from the Owner. SEVENTH: If roof tear-off is to be performed,Contractor shall not be responsible for damages caused by(a)water penetration into the building resulting from moisture contained or trapped in or under the existing roof surface,which is released during tear-off,and(b)penetration of dust, dirt,or mold spores into the building resulting from the tear-off. If the roof membrane is installed over an existing system,Contractor shall have no responsibility for water penetration or mold growth which occurs as a result of moisture contained in the old,or former roofing system. EIGHTH: Owner understands and agrees that Contractor shall have no responsibility at any time after completion of the work for damages of any kind to persons or property located below the installed roof membrane,whether or not such damages result from(a)leaks or other weather oriented sources,or(b)mold growth. IN CONSIDERATION WHEREOF,the said Owner agrees to pay the said Contractor in One payment(s),the sum of$21,882.00 Twenty one thousand eight hundred eighty two dollars for said materials and work,said amount to be paid as follows: One hundred per cent (100%) of all labor and material which has been placed in position by said Contractor,to be paid on or about the 10th of the month following completion and after the Contractor shall have completed his work to the full satisfaction of said Owner. The Owner and the Contractor for themselves,their successors,executors,administrators and assigns,hereby agree to the full performance of the covenants in this agreement. • IN WITNESS WHEREOF,they have executed this agreement the day and date written above. Dale Crampton Company WITNESSES: Contractor a4te L---1(72^/ OP R.D. uz Naucke Owner By I Contract Agreement THIS AGREEMENT,made this 15th day of February ,20 17 by and between City of Van Buren—Fire Department hereinafter called the Owner,and Dale Crampton Company; hereinafter called the Contractor. For the consideration hereinafter named,the said Contractor covenants and agrees with said Owner,as follows: FIRST: The Contractor agrees to furnish all material and perform all work necessary to complete the Metal PBR-Panel Replacement on Fire Station#3,2821 Bryan Road,Van Buren,AR as per quote dated 7/25/16 for the above named structure. SECOND: The Contractor agrees to promptly begin said work as soon as possible and to complete the work as follows: Remove existing metal PBR panels,fiberglass skylight panels,gutter,downspouts,rake flashings and penetration flashings. Install new 26 gauge galvalume PBR panels and new fiberglass skylight panels.Install new prefinished metal gutter and downspouts at the east and west roof edges. Install new prefinished metal rake flashings at the north and south edges.Install new penetration flashings and remove any flashings that are no longer in use. The existing roof insulation would be left in place and reused as is. THIRD: The Contractor shall take out and pay for Workmen's Compensation and Public Liability insurance,also Property Damage and all other necessary insurance as required by the Owner or by the State in which this work is performed. FOURTH: The Contractor shall pay all Sales Taxes,Old Age Benefit and Unemployment Compensation Taxes upon the material and labor furnished under this contract,as required by the United States Government and the State in which this work is performed. FIFTH: No extra work or changes under this contract will be recognized,or paid for,unless agreed in writing before the work is done or the changes are made. SIXTH: This contract shall not be assigned by the Contractor without first obtaining permission in writing from the Owner. SEVENTH: If roof tear-off is to be performed,Contractor shall not be responsible for damages caused by(a)water penetration into the building resulting from moisture contained or trapped in or under the existing roof surface,which is released during tear-off,and(b)penetration of dust, dirt,or mold spores into the building resulting from the tear-off. If the roof membrane is installed over an existing system,Contractor shall have no responsibility for water penetration or mold growth which occurs as a result of moisture contained in the old,or former roofing system. EIGHTH: Owner understands and agrees that Contractor shall have no responsibility at any time after completion of the work for damages of any kind to persons or property located below the installed roof membrane,whether or not such damages result from(a)leaks or other weather oriented sources,or(b)mold growth. IN CONSIDERATION WHEREOF,the said Owner agrees to pay the said Contractor in One payment(s),the sum of$21,882.00 Twenty one thousand eight hundred eighty two dollars for said materials and work,said amount to be paid as follows: One hundred per cent_(100%) of all labor and material which has been placed in position by said Contractor,to be paid on or about the 10th of the month following completion and after the Contractor shall have completed his work to the full satisfaction of said Owner. The Owner and the Contractor for themselves,their successors,executors,administrators and assigns,hereby agree to the full performance of the covenants in this agreement. IN WITNESS WHEREOF,they have executed this agreement the day and date written above. Dale Crampton Company WITNESSES' Contractor t R.D.B �.ucke Owner By ( 1