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109780 ! 1 RESOLUTION NO. 10,978 2 3 A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO ENTER 4 INTO A CONTRACT WITH D & J ENTERPRISES, INC., IN AN AMOUNT 5 NOT TO EXCEED FIVE MILLION SIXTY -SIX THOUSAND TWO 6 HUNDRED AND SIXTY DOLLARS ($5,066,260) FOR THE REMOVAL OF 7 DEBRIS FROM THE RECENT ICE STORMS•, TO ACCEPT FEMA 8 PAYMENTS; AND FOR OTHER PURPOSES. 9 10 WHEREAS, successive ice storms in late December, 2000, caused such massive damage 11 to trees and brush in the area, and that this damage is manifested in uprooted trees, broken 12 limbs, and damaged houses, and 13 WHEREAS, as a result of such damage the President has declared the City to be part 14 of a national disaster area, and to make Federal Emergency Management Administration 15 ( "FEMA ") assistance available, and 16 WHEREAS, one aspect of this assistance includes FEMA paying up to ninety percent 17 (90 %) for all debris removal work done between now and February 27, 2001, and if this date 18 is not extended as is typically the case in these kinds of disasters, to pay up to seventy-five 19 percent (75 %) of the cost of such work done after that date, and 20 WHEREAS, after a competitive bid process in which eleven companies bid, and D &J 21 Enterprises, Inc., was deemed the lowest responsible and responsive bidder to provide the debris 22 removal work for the City, and for other areas within the central Arkansas community, 23 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF 24 THE CITY OF LITTLE ROCK, ARKANSAS: 25 Section 1. The City Manager is authorized to award a contract to D &J Enterprises, 26 Inc., in an amount not to exceed five million sixty-six thousand two hundred and sixty dollars 27 ($5,066,260.00), for the removal of debris from the recent ice storms that hit central Arkansas 28 and, which led to the City being included in a an area declared by the President as a federal 29 disaster area. I Section 2. Because of payments by FEMA, and participation from the State, the City 2 should not be responsible for more than five percent (5 %) of this amount, or two hundred and 3 fifty three thousand three hundred and thirteen dollars ($253,313.00), and the City's portion of 4 this contract can be provided with in -kind services in addition to the payment of funds; if the 5 current February 27, 2001, target date for completion is not met, and is not extended as is 6 typically the case, the City may be responsible for an amount equal to twelve and one -half 7 percent (12'/2 %) of the work done after the February 27, 2001, date. 8 Section 3. Funds for the anticipated contract costs for this project are available in 9 Account No. 700 - 111 -BO 19. 10 Section 4. Severability. In the event any title, section, paragraph, item, sentence, 11 clause, phrase, or word of this resolution is declared -or adjudged to be invalid or 12 unconstitutional, such declaration or adjudication shall not affect the remaining - portions of the 13 resolution which shall remain in full force and effect as if the portion so declared or adjudged 14 invalid or unconstitutional was not originally a part of the resolution. 15 Section 5. Repealer. All laws, ordinances, resolutions, or parts of the same, that are 16 inconsistent with the provisions of this resolution are hereby repealed to the extent of such 17 inconsistency. 18 ADOPTED: January 16, 2001 19 ATTEST: APPROVED: 20 21 22 Nattcy Wo d, City Clerk Jii6bailey, Mayor 23 APPROVED AS TO LEGAL FORM: 24 25 'Cf ° �• �•� 26 Thomas M. Carpenter, City Attorney 27 28 29 30 31 da