ORD NO 02-2011 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. a -2011
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS
AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE MODIFYING THE CONTRACT FOR THE 2010
STREET OVERLAY PROJECT TO INCORPORATE PROPOSED
CHANGE ORDERS; FOR THE APPROPRIATION OF
FUNDS; DECLARING AN EMERGENCY; AND FOR OTHER
PURPOSES.
WHEREAS, the City of Van Buren previously contracted with Forsgren, Inc. of Fort Smith, Arkansas to
complete the 2010 Street Overlay Project. The initial contract was in the amount of $339,515.50,
however, an additional $84,276.68 is necessary to complete the project pursuant to the attached
change order, Exhibit "A" ($78,149.00), and adjustments in unit quantities ($6,127.68) making
the total project cost $423,792.18; and
WHEREAS, based on a review by the Mayor's office, the City of Van Buren has determined that the
change orders hereto are in the best interest of the city and will benefit the health, safety and
welfare of the citizens of Van Buren; and
WHEREAS, the City Council has determined, pursuant to ARK. CODE ANN. 14- 58- 303(b)(2)(B) that
exceptional circumstances exist, specifically the on -going nature of this project. which renders
the formal competitive bidding process impractical and/or unfeasible; and
WHEREAS, a state of emergency exists because the street repairs and improvements herein are needed
immediately to provide for the health, safety, and welfare of the citizens of Van Buren and to
preserve the property of the city.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE
CITY OF VAN BUREN, ARKANSAS, THAT:
SECTIONI: The City Council in accordance with the terms of ARK. CODE ANN 14-58
303(b)(2)(B), hereby waives the requirement of competitive bidding in this particular case, as
such procedure is not deemed feasible or practical, and hereby authorizes and directs the Mayor
to modify the contracts for the above described repairs and improvements.
SECTION 2: That in order to modify the amount spent on the contracted repairs hereto, at the amounts
herein, it is further found that there is an immediate need to modify the initial contract
hereto, and as such an emergency is declared to exist and this ordinance being
necessary for the preservation of the public health, safety, and welfare, shall take full
effect from and after its passage and approval.
SECTION 3: The Mayor is hereby duly authorized to modify the initial contract in the amount of
$339,515.50, to include change order #1 (Exhibit A) in the amount of $78,149.00 and unit
quantity adjustments in the amount of $6,127.68. for a total project cost of $423,792.18, as
appropriated herein, to be paid out of capital improvements, and to execute all documents,
contracts, and agreements necessary to effectuate this Ordinance.
SECTION 4: To the extent there is any conflict this Ordinance hereby amends or supersedes resolution(s)
previously adopted by the City of Van Buren, and the various provisions and parts hereto 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 for and Q against, the foregoing Ordinance at its
scheduled Meeting held on the 24 day of January, 2011.
11. 1 11W
Robert D.
Mayor
ATTESTED: APP 'OA D •S EIS RM:
Barbic Curtis Can. ice A SeW
City Clerk/Treasurer City Attorney