ORD NO 05-2018 CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO. 5 -2018
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,
AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE ALLOCATING AND APPROPRIATING FUNDS FOR
REPAIRS TO THE VAN BUREN FIRE DEPARTMENT TRAINING
FACILITY; WAIVING BIDDING REQUIREMENTS; ADOPTING AN
EMERGENCY CLAUSE; AND FOR OTHER PURPOSES.
WHEREAS, the Van Buren Fire Department Training Facility is in need of masonry repairs to the
exterior of the building; and
WHEREAS, Mid-Continental Restoration Co., Inc. has extensive experience in exterior repairs of
building of similar needs and of similar age in the City of Van Buren; and
WHEREAS, due to the unique requirements of the repairs it would be impracticable and unfeasible to
bid repairs without further exposing this building to continued water damages.
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
repairs to the Training Facility, as such a procedure is not deemed to be feasible
or practical under the circumstances.
SECTION 2: The Mayor and City Clerk are hereby authorized to enter into a contract with Mid-
Continental Restoration Co., Inc. for the exterior repairs to the Van Buren Fire
Department Training Facility in the amount of$29,500.00(Exhibit"A")from Fire
Department County Sales Tax Funds.
SECTION 3: It is further found that due to the immediate need to contract for masonry repairs due to
the availability of this restoration company,an emergency is declared to exist and this
ordinance being necessary for the preservation of the public health, safety, and welfare, it
shall take effect from and after its passage and approval.
SECTION 4: 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 5: The various provisions and parts of this Ordinance are hereby declared to be severable,
and, if any section or part of a section,or any provision or part of a provision herein, is
declared to be unconstitutional, inappropriate, or invalid by any court of competent
jurisdiction, such holding shall not invalidate or affect the remainder of this Ordinance
and to that extent the provisions hereto are declared to be severable.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt by a vote of tp for and C7 against, t e fo -going Ordinance at its regular meeting
held on the 26`h day of February 2018.
Robert
Mayor
ATTESTED: • .' RO 1 3 F I RM:
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Phyl is homas • ce • . ettle
City Clerk/Treasurer City Attorney
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MID-CONTINENTAL
RESTORATION CO.,INC.
1024 N Lansing Ave.,Ste. D,Tulsa, OK 74106
Ph: (918) 770-7504 Fax: (918)884-7727
www.midcontinental.com
February 2, 2018
City of Van Buren
Attn: Tim Arnold, Fire Chief
Van Buren, AR
RE: Exterior Masonry Repairs
Darrell Thomas Bldg. —Van Buren
Dear Mr. Arnold:
Attached is our revised proposal for the work to be performed on the above referenced project.
Should you have questions regarding the proposal, please feel free to contact me at
800-835-3700.
We trust that the enclosed will meet with your approval and that we will have the opportunity of
working with you on this project.
Respectfully submitted,
MID-CONTINENTAL RESTORATION CO., INC.
Mike Land
Sr. Estimator/Project Manager
Cell: 918-770-7504
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MID•CONTINENTAL
RESTORATION CO.,INC.
1024 N Lansing Ave., Ste. D,Tulsa, OK 74106
Ph: (918)770-7504 Fax: (918)884-7727
www.midcontinental.com
REVISED PROPOSAL/ CONTRACT
February 2, 2018
From: Mike Land, Sr. Estimator/Project Manager, Tulsa, OK
Cell: (918) 770-7504 email: mike landmidcontinental.com
To: City of Van Buren, 2009 Tezehouse, Van Buren, AR 72956 Attn:Tim Arnold, Fire
Chief, email: 531(a�vanburencity.orq
Subject: Exterior Masonry Repairs
Job Name: Darrell Thomas Bldg.—222 Main St., Van Buren, AR 72956
BASE BID: MASONRY REPAIRS TO SOUTH ELEVATION
South elevation.
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(1) MCR shall rebuild the top portion of the masonry parapet wall where required. This will
be a maximum of 6 courses in height at the South elevation. The interior wythe's of
masonry, we shall install 4" CMU block on the interior side to reduce the amount of brick
needed. Exterior brick shall be relayed to match the existing pattern, color and tooling of
joints as closely as possible. The existing metal flashing, roofing and any down spouts to
be removed and replaced by others in order to access this work area. We shall also
repair displaced masonry at arch as noted in the photo above.
Darrell Thomas Bldg—Van Buren
Page 2 of 6
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(2) MCR shall infill the existing opening above the door with CMU block and brick masonry
as described above.
(3) MCR shall repair a bulged, displaced brick above the door at the South elevation in
accordance with brick repair stated above.
(4) MCR shall spot re-point heavily eroded areas of brick mortar joints at the South elevation
upper half of the building. We have included up to 500 SF of re-pointing at the most
needed areas. This does not entail a full scale scouring or miscellaneous re-pointing of
the entire elevation. The remaining mortar joint repair to be provided by OWNER at a
later date.
(5) The OWNER shall be responsible for the covering of electrical wires and, in case wires
cannot be covered, re-routing or shutting down of the electricity for the work to be
accomplished.
(6) The OWNER shall be responsible for supplying adequate water and electrical circuitries
to power contractor's equipment.
(7) During the construction phase, all precaution shall be taken to protect any other building
surfaces, pedestrians, and automobiles. Mid-Continental follows all OSHA safety
regulations in scaffolding and public protection. Upon completion, all surrounding
surfaces of the building and premises shall be cleaned and left in an orderly fashion.
Darrell Thomas Bldg—Van Buren
Page 3 of 6
(8) Mid-Continental Restoration Co., Inc. has been retained to perform defined installation
and/or repair work on the building or at the job-site and has not guaranteed the removal
or eradication of any mold/fungi/organic pathogens and other airborne contaminants.
Mid-Continental Restoration Co., Inc., shall be held harmless from and against any and
all claims, suits or damages resulting in anyway whatsoever from mold/fungi/organic/
pathogens or other airborne contaminants, that may be present at the job-site before,
during and after Mid-Continental has completed its work pursuant to this contract.
(9) For complete insurance coverage, see Exhibit "A" attached hereto. Please review the
Terms and Conditions attached hereto and marked Exhibit "A".
We shall accomplish the above outlined work for the sum of:
TWENTY-FIVE THOUSAND DOLLARS $25,000.00
The above price shall be valid for a period of sixty(60) days
TO ACCEPT THE BASE BID,PLEASE SIGN BELOW
If BASE BID is accepted, please sign here: Mid-Continental Restoration Co., Inc.
By: By:
Owner/Owner Representative Dated Contractor Dated
ALTERNATE #1: MASONRY
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Page 4 of 6
(10) MCR shall remove brick around each exposed existing I beam. I beams to be torched off
back inside of outer wythe of masonry. The torching and removal of I beams to be
provided by others. After beams are cut back, MCR shall relay brick into exposed
openings to match existing coursing, color and tooling of adjacent mortar joints as
closely as possible. This proposal includes 20 I beam pockets on the South elevation.
TO ACCEPT ALTERNATE BID#1, PLEASE SIGN BELOW
FOUR THOUSAND, FIVE HUNDRED DOLLARS $4,500.00
(This price is IN ADDITION TO the Base Bid)
The above price shall be valid for a period of sixty(60) days.
If ALTERNATE#1 is accepted, please sign here:
Mid-Continental Restoration Co., Inc.
By: '-- . )2.1\‘ y: 11'1`4L"
Owner Owner =C ,,,t • Dated Contractor Dated
THE ABOVE PROPOSAL IS ACCEPTED UPON THE TERMS AND CONDITIONS SET FORTH IN
EXHIBIT"A"ATTACHED.
PLEASE SIGN AND RETURN THE COMPLETE PROPOSAL TO THE HOME OFFICE. OUR
COMPANY WILL RETURN A FULLY SIGNED COPY TO YOU FOR YOUR RECORDS. IF DESIRED,
YOU MAY EMAIL OR FAX THE PROPOSAL ACCEPTANCE TO THIS OFFICE AT (620) 223-5052. •
THE EMAILED OR FAXED COPY OF THE SIGNED PROPOSAL WILL BE CONSIDERED A LEGAL
BINDING DOCUMENT.
ANY APPLICABLE SALES TAX DUE ON THIS CONTRACT IS INCLUDED IN THE CONTRACT PRICE
AND WILL BE STATED SEPARATELY ON OUR BILLING(S), UNLESS ALL OR PART OF THE
CONTRACT CONTAINS UNIT PRICE OR TIME & MATERIAL WORK. IF UNIT PRICE OR TIME &
MATERIAL WORK IS INCLUDED, APPLICABLE STATE AND LOCAL SALES TAX WILL BE ADDED
TO THAT PORTION OF THE CONTRACT.
THE PROPOSAL SET FORTH HEREIN IS THE RESULT OF THE COMPANY'S INITIAL INSPECTIONS
OF THE OWNER'S PROPERTY AND WAS DEVELOPED BASED UPON THE COMPANY'S
EXPERIENCE IN THE INDUSTRY AND THE COMPANY'S WORK ON SIMILAR PROJECTS.
MID•CONTINENTAL RESTORATION COMPANY, INC. DOES NOT EMPLOY A LICENSED
ARCHITECT OR ENGINEER, THEREFORE THE "PROPOSAL" IS NOT AND SHOULD NOT BE
CONSIDERED AN "ENGINEER'S REPORT" OR AN "ARCHITECT'S REPORT." AS A RESULT, THE
COMPANY HEREBY DISCLAIMS ANY LIABILITY WHATSOEVER THAT MAY RELATE TO THE
COMPANY'S ANALYSIS OF THE EXISTING CONDITIONS OF THE OWNER'S BUILDING AND THE
COMPANY'S RECOMMENDATIONS FOR R€PAIR/R€M€DIATION THEREOF.
Darrell Thomas Bldg—Van Buren
Page 5 of 6
5
(8) Mid-Continental Restoration Co., Inc. has been retained to perform defined installation
and/or repair work on the building or at the job-site and has not guaranteed the removal
or eradication of any mold/fungi/organic pathogens and other airborne contaminants.
Mid-Continental Restoration Co., Inc., shall be held harmless from and against any and
all claims, suits or damages resulting in anyway whatsoever from mold/fungi/organic/
pathogens or other airborne contaminants, that may be present at the job-site before,
during and after Mid-Continental has completed its work pursuant to this contract.
(9) For complete insurance coverage, see Exhibit "A" attached hereto. Please review the
Terms and Conditions attached hereto and marked Exhibit "A".
We shall accomplish the above outlined work for the sum of:
TWENTY-FIVE THOUSAND DOLLARS $25,000.00
The above price shall be valid for a period of sixty(60) days
TO ACCEPT THE BASE BID,PLEASE SIGN BELOW
If B' , = I is accepted, p -ase sign here: Mid-Continental Restoration Co., Inc.
By: _ . It k By: /146- 9-/—/?"
0 er/O er - " •Da• Dated Contractor Dated
ALTERNATE #1: MASONRY
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Darrell Thomas Bldg—Van Buren
Page4of6
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EXHIBIT"A"
TERMS& CONDITIONS
LIMITED WARRANTY
Goods and material installed by Mid-Continental Restoration are the products of reputable manufacturers. Mid-Continental Restoration shall use
its best efforts to obtain from each manufacturer's warranty(copies of which will be furnished upon request)or customary practice,the repair or
replacement of equipment,goods or material that may prove defective in material or workmanship. The foregoing shall constitute the exclusive
remedy of the customer and sole obligation of Mid-Continental Restoration.
THERE ARE NO WARRANTIES,WRITTEN,ORAL,IMPLIED OR STATUTORY RELATING TO THE DESCRIBED EQUIPMENT,GOODS OR
MATERIAL WHICH EXTEND BEYOND THAT DESCRIBED IN THIS PROPOSAL. THE IMPLIED STATUTORY WARRANTY OF
MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE SHALL NOT APPLY AND IS EXPRESSLY WAIVED.
Mid-Continental Restoration warrants its workmanship to be free from defects for a period of one (1)year from the date of completion of
installation of the above goods and material. Mid-Continental Restoration's warranty is limited to the materials and equipment which Mid-
Continental Restoration or its agents or employees install. No warranty is provided for materials and equipment which Mid-Continental
Restoration does not install or provide.
The foregoing proposal,subject to these terms and conditions,is submitted for customers consideration with the understanding that it must be
approved by an authorized representative of Mid-Continental Restoration after its acceptance by the customer and is not binding upon Mid-
Continental Restoration until so approved in writing and delivered to the customer. When so approved,it shall constitute the entire contract
between the parties and no understanding or obligations not herein expressly set forth are binding upon them.
Your acceptance of this proposal is expressly limited to the terms contained within this document. Any conditions set forth in the purchase order
or in any similar communication shall not be binding nor effective unless assented to in writing by an authorized representative of Mid-Continental
Restoration. Any additional terms or conditions, oral or written, express or implied, not contained within this document are not binding or
controlling on the parties unless assented to in writing by an authorized representative of Mid-Continental Restoration. Any order or any
statement of intent to proceed with installation or any direction to proceed with installation or acceptance of this proposal or payment in full or part
for any of the work or equipment furnished shall constitute customers assent to the terms and conditions of this proposal.
EXCLUSIONS FROM LIMITED WARRANTY. The following are not covered by this warranty:
Any damage to the extent it is caused or made worse by failure by the Owner,General Contractor or by anyone other than Mid-Continental
Restoration, its employees,agents,contractors or subcontractors,to comply with the Warranty requirements of manufacturers of appliances,
fixtures and items of equipment,or failure by the Owner to give notice to the Contractor of any defects within a reasonable time.
Any damage from the presence of mold or fungus or the creation of conditions that may contribute to the growth of mold or fungus.
Mid-Continental Restoration's liability on any claim for loss or damage arising out of this contract or from the performance or breach thereof or
connected with the supplying of any labor,equipment,goods or materials hereunder,or their sale,resale,operation or use,whether based on contract,
warranty,tort(including negligence)or other grounds,shall not exceed the amount attributable to such labor,equipment,goods or material or part
thereof involved in the claim. Mid-Continental Restoration shall not,under any circumstances be liable for any labor or charges without the prior written
consent of Mid-Continental Restoration. Mid-Continental Restoration shall not in any event be liable,whether as a result of breach of contract,
warranty,tort(including negligence)or other grounds,for special,consequential, incidental or penal damages, including, but not limited to loss of
profits,revenues,loss of use of the product or any associated product,cost of capital,cost of substitute products,facilities or services,downtime costs
or claims of the Customer for such damages. If Mid-Continental Restoration furnishes Customer with advice or other assistance which concerns any
labor,equipment,goods or material furnished hereunder,or any system or equipment in which any of such equipment goods or material may be
installed,and which is not required pursuant to this contract,the furnished of such advice or assistance will not subject any service to any liability,
whether based on contract,warranty,tort(including negligence or other grounds).
If Mid-Continental Restoration encounters asbestos or polychlorinated biphenyl(PCB)on the site,Mid-Continental Restoration shall immediately stop
work and report the condition to the owners representative in writing. Mid-Continental Restoration shall not resume work in the affected area until the
asbestos or polychlorinated biphenyl(PBS)has been removed or rendered harmless. Mid-Continental Restoration shall not be required to perform any
work relating to asbestos or polychlorinated biphenyl(PCB)without its consent.
Any installation dates given in advance are estimated and are subject to prior orders with Mid-Continental Restoration. Mid-Continental Restoration
shall not be liable for failure to perform or delay in performance resulting from strikes,accidents,fires,labor difficulties,transportation difficulties,delays
in usual sources of supply, major changes in economic conditions, or, without limitations by the foregoing, any cause beyond Mid-Continental
Restoration's reasonable control.
If on any breach of default by any party hereto in its obligations to any other party hereto,it shall become necessary for the non-defaulting party to
employ an attorney to enforce or defend any of its rights or remedies hereunder,the defaulting party agrees to pay the non-defaulting party its
reasonable attorneys'fees,whether or not suit is instituted in connection herewith.
This agreement plus any attachments and/or addendums (both sides) constitutes the entire agreement between the parties, and no terms or
understandings not herein contained shall be valid or binding unless contained in writing signed by both parties.
Net cash upon completion of the work,unless this contract extends beyond one month(30 days),In which case Mid-Continental Restoration
is to be paid 90%of the work done monthly and the balance upon completion of our work. Those projects extending over 30 days will be
Invoiced at 30-day Intervals. Any accounts 30 days past due will be assessed a finance charge of 1%%per month. Within ten(10)calendar
days from commencement of this project,MCR reserves the right to Invoice the Owner for all start up costs such as material purchases,
equipment purchases and mobilization costs. The Invoice for start-up costs will be payable to MCR within fourteen(14)calendar days from
the invoice date.In the event time payments are desired,terms shall be included In the specifications and balance due secured by note.
Mid-Continental Restoration agrees to provide the following insurance coverage, subject to change without notice to Customer. (1) Worker's
Compensation and/or Employers Liability insurance—State Requirement; (2) Automobile Liability insurance with limits of at least$1,000,000.00
combined single limit,bodily injury and property damage for injuries to person or persons involved in an accident in connection with this contract; (3)
Contractors Liability, with limits of $1,000,000.00 combined single limit bodily injury and property damage per occurrence, $2,000,000.00
Products/Completed Operations Aggregate; $2,000,000.00 Policy Aggregate and(4) Excess Liability-$5,000,000.00.