ORD NO 17-2011 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. .1 7 2011
BE IT ENACTED BY THE CITY COUNCIL, FOR TI -IE CITY OF VAN BUREN,
ARKANSAS AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE MODIFYING THE 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 previously contracted with Harris Construction
Company to complete the 2010 Sidewalk and Drainage Improvement Project.
The initial contract was in the amount of $138.500.00, however, an additional
$4,100.00 is necessary to move a sanitary sewer line, making the total project
cost $142,600.00; 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 drainage and sidewalk 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 C[LY OF VAN BUREN, ARKANSAS, THAT:
SECTION1: 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 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
$138,500.00, to include change orders in the amount of $4,100.00, for a total project
cost of $142,600.00, as appropriated herein, to be paid out of sidewalk 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) or ordinance(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 Cn for and O against, the foregoing Ordinance at its Regular
Meeting held on the 20` day of June, 2011.
Robert'I. Freem
Mayor
ATTESTED: APP OV D AS 4:31 ORM:
C- andice A. Settle
Cit :Freasurer City Attorney
C4 Cke dc_.