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112231 RESOLUTION NO. 11.223 2 3 A RESOLUTION TO AMEND LITTLE ROCK, ARK., RESOLUTION NO. 4 11,217 (JANUARY 15, 2002) TO CORRECT THE TOTAL AMOUNT OF THE 5 CONTRACT WITH McGEORGE CONTRACTING COMPANY, INC.; AND 6 FOR OTHER PURPOSES. 7 8 WHEREAS, in Little Rock, Ark., Resolution No. 11,217 (January 15, 2002) the Board 9 authorized a contract with McGeorge Contracting Company, Inc., to construct Cell 4 for the City's 10 Class I Landfill, but subsequent to the adoption of this resolution an ambiguity in the bid 11 documents was discovered which led bidders uniformly to estimate a particular item at a lower 12 number of square feet, and 13 WHEREAS, after consultation between the City Manager, the Department of Public Works, 14 and the City Attorney, it was determined that an amendment to the previous resolution is 15 necessary to correct the price of this contract particularly since this contract will ultimately be paid 16 with proceeds from a City solid waste revenue bond issue authorized by Little Rock, Ark., 17 Resolution No. 11,171 (December 4, 2001), and 18 WHEREAS, recomputation of the amount for all bids established that McGeorge 19 Contracting Company, Inc., was still the lowest responsible and responsive bidder, a fact that was 20 communicated to all bidders in writing without any objection being raised, 21 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE 22 CITY OF LITTLE ROCK, ARKANSAS: 23 Section 1. Section 1 of Little Rock, Ark., Resolution No. 11,217 (January 15, 2002) is 24 hereby amended to read as follows: 25 The City Manager is authorized to enter into an agreement with McGeorge 26 Contracting Company, Inc., of Little Rock, Arkansas, in an amount not to exceed [PAGE 1 OF 21 Resolution Amendment to LRR 11,217 I two million eight hundred and thirty -nine thousand, nine hundred and thirty - 2 five dollars and eighty cents ($2,839,935.80), to construct Cell 4 for the City's 3 Class I Landfill. 4 Section 2. All references in Little Rock, Ark., Resolution No. 11,217 (January 15, 2002) 5 to a contract amount different from that contained in Section 1 of this resolution are hereby 6 amended to reflect the amount contained in this resolution. 7 Section 3. Nothing about the provisions of this resolution impact the ability of the City 8 Manager to deal with change orders for the construction of this landfill cell in accordance with City 9 policy and state law for construction contracts. 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 unconstitutional, 12 such declaration or adjudication shall not affect the remaining portions of the resolution which 13 shall remain in full force and effect as if the portion so declared or adjudged invalid or 14 unconstitutional was not originally a part of the resolution. 15 Section 5. Repealer. All resolutions, bylaws, and other matters inconsistent with this 16 resolution are hereby repealed to the extent of such inconsistency, particularly the provisions of 17 Little Rock, Ark., Resolution No. 11,217 (January 15, 2002). 18 ADOPTED: January 29, 2002 19 PASSED: APPROVED: 20 21 22 Nan4 Woo , City Clerk i Dailey, Mayor 23 APPROVED AS TO LEGAL FORM: 24 26 Thomas M. Carpenter, City Attorney 27 [PAGE 2 OF 21 Resolution Amendment to LRR 11,217