ORD NO 16-2011 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. 1(0 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
COMPLETION OF THE VAN BUREN LIBRARY PROJECT TO
INCORPORATECHANGE ORDERS; FOR THE
APPROPRIATION OF FUNDS; DECLARING AN
EMERGENCY; AND FOR OTHER PURPOSES.
WHEREAS, The City of Van Buren previously contracted with Crawford Construction Company to
complete the Van Buren Public Library. The initial contract was in the amount of
$1,315.200.00, however, an additional 276,297.07 is necessary to pay outstanding balances
to subcontractors and suppliers from the previous contractor and construction change orders
making the total project cost $1,591,497.07; 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 library completion herein is 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 13UREN, ARKANSAS, THAT:
SECTION I 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 completion and repairs.
SECTION 2: That in order to modify the amount spent on the contracted completion and 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
$1.315.200.00, to include change orders in the amount of $276.297.07, for a total
project cost of $1,591.497.07, as appropriated herein, to be paid out of library sales tax
and capital improvement funds, 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 WITEREOF, the City of Van Buren. Arkansas, by its City Council,
did pass, approve, and adopt, by a vote of tO for and Q against, the foregoing Ordinance at its Regular
Meeting held on the 16 day of May. 2011.
9
Robert D. Free
Mayor
ATTESTED: A RO t AS TO FORM:
%AG Li
Barbie Curtis Candice A. Settle
City Clerk /Treasurer City Attorney