ORD NO 37-2008 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. 3'2 -2008
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
28 STREET WIDENING 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 Hudson Excavation, Inc. of Van
Buren Arkansas to complete the 28 Street Widening Project. The initial contract was
in the amount of $1,734,583.30, however, an additional $204,341.23 is necessary to
complete the project pursuant to the attached change order, Exhibit "A," making the
total project cost $1,938,924.53.
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
0 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:
SECTION 1: 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
0
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
$1,734,583.30, up to the bid price setforth in Exhibit "A," for an increase in the
contract amount of $204.341.23, for a total project cost of $1,938,924.53. 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 j for and Q against, the foregoing Ordinance at its scheduled
Meeting held on the 1-5t day of December 2008.
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Robert D. Fre•
ATTESTED: APPROVED AS TO FORM:
Barbie k/T: u N. Donald •ak r.; 'ity Attorney