ORD NO 10-2011 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. 16 2011
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE AUTHORIZING THE MAYOR TO
CONTRACT WITH HARRIS CONSTRUCTION FOR
COMPLETION OF THE 2010 SIDEWALK AND
DRAINAGE IMPROVEMENT PROJECT, WAIVING
BIDDING REQUIREMENTS, DECLARING AN
EMERGENCY, AND FOR OTHER PURPOSES.
WHEREAS, the City of Van Buren has determined that in light of Wilson Brothers
Constructions' default on the 2010 Sidewalk and Drainage Improvement
Project and voluntary termination of the original contract, that a replacement
contractor is needed to effectuate the completion of the project; and
WHEREAS, State Auto Mutual Insurance Company, under its performance obligation as
the bonding company determined that Harris Construction Company should
serve as the completion contractor; and
WHEREAS, it would be impracticable and unfeasible to rebid this project at this stage, and
there is no potential for savings to the City to let bids on the project, and the
City needs to immediately begin completion of this project without any
delays or any action by the City Council; and
WHEREAS, Section 14 -58 -303 of the ARKANSAS CODE ANNOTATED provides that
"The governing body, by Ordinance, may waive the requirements of
competitive bidding in exceptional situations where such procedure is deemed
not feasible or practical."
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VAN BUREN, ARKANSAS, THAT:
SECTION 1: The City Council hereby waives the requirements of further competitive
bidding for the above described project, as such a procedure is not deemed to
be feasible or practical under the circumstances.
SECTION 2: The Mayor and City Clerk are hereby authorized to sign the tender agreement
from State Auto Mutual Insurance Company and enter into a construction
contract with Harris Construction Company in the amount of $138,500.00 and
to pay all expenses relating to this project.
SECTION 3: The construction work hereto is deemed and found to be necessary for the
immediate preservation of health, safety and welfare of the City, and as such
an emergency is hereby declared, and this Ordinance shall take effect and be
in full force upon and after its passage and approval.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council,
did pass, approve, and adopt, by a vote of S for and 0 against, the foregoing Ordinance at
its Regular Meeting held on the 21st day of March 2011.
Robert D. Fr-
Mayor
ATTESTED: PP. OVED AS TO FORM:
ScL
I C;
Barbie Curtis Candice A. Settle
City Clerk/Treasurer City Attorney