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RES NO 09-05-2008 CITY OF VAN BUREN. ARKANSAS RESOLUTION NO. q 5 -2008 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION ACCEPTING THE I3ID FROM T -N -T, INC. FOR THE COMPLETION OF THE 2008 DRAINAGE IMPROVEMENT PROJECT, AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren previously accepted and entered into a contract for the 2008 Drainage Improvement Project with 4 -D Construction, Inc. (Res. 1 -3- 2008), which 4 -D Construction, Inc. is in material breach of; and WHEREAS, upon notice of the breach, and ample opportunity to cure, the City of Van Buren duly advertised and let bids for the final portion of the project on North 25 Street; and WHEREAS, bids have been received and opened in accordance with Arkansas law, and upon review by the City Engineer the bid of T -N -T, Inc. was determined to be the lowest acceptable bid; and WHEREAS, the City of Van Buren has determined that the above bid is the best bid meeting the specifications for the completion of the 2008 Drainage Improvement Project; NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS, THAT: SECTION 1. The City of Van Buren, Arkansas hereby accepts the above bids, as more fully set forth in Exhibit "A" attached hereto, totaling $60,700, for the completion of the 2008 Drainage Improvement Project. SECTION 2. The Mayor and City Clerk are hereby authorized by the City Council for the City of Van Buren to pay all expenses relating to and to execute all documents necessary to effectuate this resolution, including filing any necessary claims against 4 -D Construction, Inc. and /or their performance bond. IN TESTIMONY WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of_ 5 for and 0 against, the foregoing Resolution at its Meeting held on the 15 day of September 2008. �.t vex. Robert D. Free an. ayo ATTESTED: APPROVED AS TO FORM: Barbie Curtis, City Clerk/Treasurer N. Donald Jenkins, City Attorney CJIT