HomeMy WebLinkAbout202482010022683 Received: 4/2212010 1:38:27 PM
Recorded: 04122%2010 01:45:41 PM Filed &
Recorded in Official Records of PAT O'BRIEN,
PULASKI COUNTY CIRCUITICOUNTY CLERK
Fees $25.00
1 ORDINANCE NO. 20,248
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3 AN ORDINANCE TO DISPENSE WITH THE REQUIREMENT OF
4 COMPETITIVE BIDDING FOR CONSTRUCTION MANAGEMENT
s AND ENGINEERING SERVICES; TO AUTHORIZE THE CITY MAN -
6 AGER TO ENTER INTO A CONTRACT WITH THE WILLIAM J. CLIN-
7 TON FOUNDATION FOR THE RENOVATION OF THE ROCK ISLAND
8 BRIDGE; AND FOR OTHER PURPOSES.
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10 WHEREAS, the City of Little Rock, Arkansas ( "the City "), may dispense with the require -
11 ment of competitive bidding in exceptional situations where such procedure is impractical or un-
12 feasible; and,
13 WHEREAS, the City will use various funds available to it to combine with funds available
14 to the William J. Clinton Foundation ( "the Foundation ") to renovate the former Rock Island
15 Bridge ( "Bridge ") pursuant to a lease agreement between the City and the Foundation entered
16 into as LEASE AGREEMENT BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AS LANDLORD AND
17 THE WILLIAM J. CLINTON PRESIDENTIAL FOUNDATION, AS TENANT, DATED AS OF MARCH 1, 2002,
is and authorized pursuant to Little Rock, Ark., Resolution No. 11,134 (October 2, 2001) ( "the
19 Lease "); and,
20 WHEREAS, the Foundation will use part of its funds to prepare the engineering plans, and
21 to select a construction manager whose duties will include, but not be limited to, expediting the
22 preparation of construction documents for competitive bidding of the Bridge project, and will
23 also provide the raw steel for the construction project; and,
24 WHEREAS, City funds will be used to employee various subcontractors, or to purchase
25 various materials, none of which will occur without a formal competitive bid process; and,
26 WHEREAS, the City does not possess the funds to complete the renovation of the Bridge on
27 its own, nor is it appropriate pursuant to the terms of the Lease, but will have access to the neces-
28 sary additional funds from a construction fund created by the Foundation; and,
29 WHEREAS, the City and the Foundation will cooperate with the construction manager to
30 make sure that all necessary steps, contracts, plans, permits, and other matters, are obtained and
31 fulfilled so that renovation of the bridge is completed; and,
[PAGE 1 OF 3]
Ordinance
To waive competitive bidding and enter into contract with the
William J. Clinton Foundation for the renovation of the Rock
Island Bridge
I WHEREAS, because of the various sources of City funds and Foundation funds, and be-
e cause of the need to combine efforts to renovate the Bridge, it is impractical and unfeasible for
3 the City to enter into formal competitive bidding for all aspects of the renovation project;
4 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
5 THE CITY OF LITTLE ROCK, ARKANSAS:
6 Section 1. As the Board of Directors finds that it is impractical and unfeasible to do so, for -
7 mal competitive bidding should be dispensed with for the purpose of hiring engineering services,
8 a construction manager, or paying for certain goods and materials necessary for the renovation of
9 the Rock Island Bridge ( "the Bridge ") in cooperation with the Foundation.
10 Section 2. The City Manager is authorized to enter into an agreement with the Foundation,
11 in a form legally acceptable to the City Attorney, for the renovation of the Bridge pursuant to,
12 and as contemplated by, a lease agreement between the City and the Foundation entered into on
13 March 1, 2002 ( "the Lease ").
14 Section 3. The Board of Directors understands that the City Manager, the Foundation, and
15 the construction manager, will cooperate to make sure that all necessary steps, contracts, plans,
16 permits, and other matters, are obtained and fulfilled so that renovation of the bridge is com-
17 pleted.
18 Section 4. In addition, any agreement between the City and the Foundation for the renova-
19 tion of the Bridge shall agree to the creation of a capped construction fund, or similar account,
20 and deposit such sums as necessary for the completion of the project that the City can access to
21 make any necessary payments for engineering services, construction management services, for
22 other contracts, materials, permits, plans, or other items or matters required as a part of the
23 Bridge renovation project.
24 Section 5. Funds for the City's portion of the agreement shall be made available as follows:
25 (a) City Bond issue -Accounting Unit No. 605259, Activity Code BOOA105 ($1,000,000)
26 (b) EDA Bridge — Accounting Unit No. 270409, Activity Code G22038 ($2,000,000)
27 (c) State Stimulus Bridge — Accounting Unit No. 270409, Activity Code G22039R
28 ($2,500,000).
29 Section 6. Severability. In the event any title, section, paragraph, item, sentence, clause,
30 phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such
31 declaration or adjudication shall not affect the remaining portions of the ordinance, which shall
[PAGE 2 OF 31
Ordinance
To waive competitive bidding and enter into contract with the
William J. Clinton Foundation for the renovation of the Rock
Island Bridge
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remain in full force and effect as if the portion so declared or adjudged invalid or unconstitu-
tional was not originally a part of the ordinance.
Section 7. Repealer. All ordinances, resolutions, bylaws, and other matters inconsistent with
this ordinance are hereby repealed to the extent of such inconsistency.
PASSED: April 20, 2010
ATTES•
y, City Clerk
AS TO LEGAL FORM:
Thomas M. Carpenter, City rney
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Ordinance
To waive competitive bidding and enter into contract with the
William J. Clinton Foundation for the renovation of the Rock
Island Bridge
APPROVED:
Mark Stodola, Mayor
[PAGE 3 OF 31