ORD NO 18-2011 CITY OF VAN BUREN, ARKANSAS
t ORDINANCE NO. I •2011
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE AUTHORIZING VAN BUREN MUNICIPAL
UTILITIES TO CONTRACT WITH CRAWFORD CONSTRUCTION,
INC., TO PROCEED WITH THE REPAIR OF A COLLAPSED
SANITARY SEWER MAIN, WAIVING BIDDING REQUIREMENTS,
DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES.
WHEREAS, the City of Van Buren has identified that the 8 -inch gravity sewer main
located approximately 365 linear feet East of the intersection of Pointer Trail
and Highway 59 has collapsed and is obstructed for the normal flow of
sanitary sewage; and
WHEREAS, the City is able to maintain sanitary sewage flow for a significant portion of
the sewage collection system through the use of a temporary portable pump;
and
WHEREAS, the location of the collapsed sewer is inaccessible for excavation and repair in
place; and
WHEREAS, the mechanical temporary pump is not intended for continuous use and is not
adequate to assure the conveyance of the sanitary sewage to the treatment
facilities for proper treatment in accordance with the National Pollutant
Discharge Elimination System (NPDES) permits to the City; and
WHEREAS, since the failure of the by -pass system would immediately cause the City to
be in non- compliance with said permits, it is necessary to implement and
complete repair as soon as possible; and
WHEREAS, it would be impracticable and unfeasible to bid this project at this stage and
the City needs to immediately begin construction of this project without any
delays; and
WHEREAS, the Van Buren Municipal Utilities Commission has solicited bids and
recommended Crawford Construction as the best bid and have by resolution,
a copy of which is attached hereto, recommended that the Council waive
competitive bidding because of the urgent circumstances and proceed with
authorizing the Van Buren Municipal Utilities to contract with Crawford
Construction. Inc.; 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 hereby authorize the Van Buren Municipal Utilities
to enter into a construction contract with Crawford Construction, Inc., in the
amount of 467,185.00 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 6. for and O against, the foregoing Ordinance at
its Regular Meeting held on the 20` day of June 2011
y
Robert D. Fre
Mayor
ATTESTED: L" APPROVED AS TO FORM:
11, Ali
C.1 i CFI WOO 11 P i I :4 M r
Barbi urns n. ice A. Settle
C r City Attorney
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