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HomeMy WebLinkAbout22691 111111111111111111111111111111111111111 2025066134 PRESENTED 12-03-202512.0342PM RECORDED. 12-03-202512:06:01 PM In Official Records of Tern Hollingsworth Circuit/County Clerk 1 ORDINANCE NO. 22,69 ruLASKI CO,AR FEE$25.00 2 3 AN ORDINANCE TO DECLARE IT IMPRACTICAL AND UNFEASIBLE 4 TO BID; TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A 5 SOLE-SOURCE CONTRACT WITH MASSMAN CONSTRUCTION 6 COMPANY, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED 7 FIVE MILLION SEVEN HUNDRED TWENTY-FIVE THOUSAND, 8 DOLLARS ($5,725,000.00), FOR THE DEMOLITION AND 9 REPLACEMENT OF THE CLINTON PRESIDENTIAL PEDESTRIAN 10 PARK BRIDGE PROTECTION CELL; TO DECLARE AN EMERGENCY; 11 AND FOR OTHER PURPOSES. 12 13 WHEREAS, on September 10, 2021, a barge being towed by M/V Keiffer E. Bailey struck the 14 protection cell of the Clinton Pedestrian Bridge;and, 15 WHEREAS,the City of Little Rock("City")filed a Complaint on September 7,2023,seeking damages 16 for the cost of replacement of the protection cell and other monetary damages;and, 17 WHEREAS,on October 29,2024 the City received a letter from the United States Coast Guard stating 18 that if the City did not make immediate arrangements for the protection cell to be repaired or replaced the 19 City could incur civil penalties of not more than thirty-five thousand five hundred sixteen dollars 20 ($35,516.00) per day for violation of 33 U.S.C. 502(b) (proper repair requirement) attached hereto as 21 Exhibit A;and, 22 WHEREAS,on February 21,2025,the City of Little executed a contract with Massman Construction 23 Company in the amount of Forty-Nine Thousand Five Hundred Dollars ($49,500.00) for the Initial Phase 24 1 Preconstruction Services;and 25 WHEREAS,the Board of Directors passed Little Rock, Ark.Ordinance No. 22,645 (August 5,2025) 26 ("LRO No. 22,645"),authorizing the issuance of a promissory note to provide short-term financing under 27 Amendment No.78 to the Arkansas Constitution for the replacement of the Clinton Presidential Park Bridge 28 protection cell in the amount of Six Million,Five Hundred Thousand Dollars(6,500,000.00);and 29 WHEREAS,the Board of Directors also adopted Little Rock Resolution No. 16,779(August 5,2025) 30 ("LRR No. 16,779")to authorize the City Manager to enter a contract with HNTB Corporation in an amount 31 not to exceed Seven Hundred Twelve Thousand, Four Hundred Forty-One Dollars ($712,441,000.00) to 32 provide engineering and design services including permitting for the Clinton Presidential Park Bridge 33 protection cell;and [Page 1 of 3] 1 WHEREAS, it has now become necessary to begin Phase 2 of the construction services to avoid any 2 potential penalties from the United States Coast Guard and to protect the integrity of the Clinton Presidential 3 Pedestrian Bridge including maintaining the public health and safety of maritime traffic navigating through 4 the highly restrictive navigation channel; and 5 WHEREAS, the total contract amount is not to exceed five million seven hundred twenty-five 6 thousand dollars ($5,725,000.00) for the demolition and replacement of the Clinton Pedestrian Bridge 7 protection cell; and 8 NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY 9 OF LITTLE ROCK,ARKANSAS: 10 Section 1. The City Manager is hereby authorized to execute a contract with Massman Construction 11 Company for the demolition and replacement of the protection cell for the Clinton Presidential Pedestrian 12 Bridge, in a total contract amount not to exceed five million seven hundred twenty-five thousand dollars 13 (5,725,000.00). 14 Section 2. Funds for this purchase are allocated in the 2025 Public Works Special Project Fund 15 Account No. 325409-F400634. 16 Section 3.Severability.In the event any title, paragraph, item,sentence,clause, phrase,or word of this 17 resolution is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall 18 not affect the remaining portions of the resolution which shall remain in full force and effect as if the portion 19 so declared or adjudged invalid or unconstitutional were not originally a part of the resolution. 20 Section 4.Repealer. All laws,ordinances,resolutions,or parts of the same,which are inconsistent with 21 the provisions of this resolution are hereby repealed to the extent of such inconsistency. 22 Section 5.Emergency Clause. It is hereby found and determined by the Board of Directors of the City 23 of Little Rock that the immediate replacement of the protection cell is necessary to protect the general 24 health, safety and welfare of maritime navigation and is necessary to protect the Clinton Presidential 25 pedestrian bridge from further damage. Therefore, an emergency is hereby declared to exist, and this 26 Ordinance, being necessary for the preservation of the public peace, health, safety,and welfare shall be in 27 full force and effect immediately upon passage and approval by the Board of Directors. 28 PASSED: November 18,2025 29 // 30 // 31 // 32 // 33 // [Page 2 of 3] 1 ATTEST: APPROVED: 2 4 Allison Segars,City Cle ? S .,Mayor 5 APPROVED AS TO LEGAL FORM: 7 674444.4-4Ao kJ-. i-.... 8 Thomas M.Carpenter,City orney 9 // 10 // 11 // 12 // 13 // 14 // 15 // 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // 35 // [Page 3 of 3]